Road Traffic Act - MOD Base

Discussion in 'Finance, Property, Law' started by Chief_Muppet, Jan 4, 2010.

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  1. Hello,

    Possibly one for MOD Plod.

    The basic question is whether under the Road Traffic Act an MOD Base can be considered a public place? That is if, behind the wire, some idiot civi reversed into my parked car and left the scene without leaving details that would count as leaving the scene/failing to report?
     
  2. In Germany certainly it would count as failing to report/leaving the scene under SOBAG(S) but RTA doesn't consider MOD bases as public roads (in most cases)

    Not sure about UK though
     
  3. I dont think it does in the UK. Comes down to unit/station standing orders I believe.
     
  4. Most Road Traffic Act offences refer to a road or other public place. Public place being defined as a place to which the public have access on payment or otherwise at the material time. For example a supermarket car park is held to be a public place, but a barriered private car park wouldn't be.
    I doubt that roads on camp would count, but unguarded roads through a garrison would.
     
  5. Thanks for the replies so far. Doesn't look good then unless could get registration details from cctv, then details of driver based on car pass from guard house... but then there is OSA and DPA in the way there. <sigh>

    Will just have to look around for someone with matching damage and have strong words, perhaps.
     
  6. Last year I was away on course I received a phone call from a mate winding me up that "someone" had smashed into the side of my car and driven off. I had a mate in the MGS who I called up and got him to go check. Just so happened at the time of the call a MOD PC happened to be walking past me at the time so I stopped him and asked him about it.

    He did say that because it occurred on MOD property, the Road Traffic Act does not apply, so no prosecutions could be brought for leaving the scene of an accident, failing to report etc... All charges / disciplinary action would be at the discression of the Station Commander.

    Anyways once my MGS mate confirmed it was a wind up, I had them tape the area off with that "POLICE LINE DO NOT CROSS" stuff. Course drew attention to my mates who were told they were awaiting arrival of the forensics team, SIB etc.

    Phone went crazy for the next few hours with my windup colleagues trying to tell me it was a joke. That sh*t up the b*stards!
     
  7. It goes down to unit/camp standing orders. There should be a paragraph or two repeated every 6 months or so on Pt 1 orders detailing this. This then empowers Service Police to deal with the RTI under the RTA.

    There are some exceptions, the main road in JHQ (from alpha gate down to bravo and the road to charlie gate) is a 'stadt' road and can be policed as such by the Germans.

    Also 16AA in Colly (cant recall the barracks name) has a public road through the middle, it has Control of Entry but is still designated as a public road.

    For those in NI-Thiepval Bks, the standing orders failed to place the RTA paragraph in Standing Orders after Op Banner. Its a free for all.
     
  8. RSM was charged with taking without consent and criminal damage on camp. He orded a soldier to remove a vehicle from a car park with a fork lift. Soldier was away on ops came back and contact the MDP who promptly charged the RSM. The keys were in the MT office held by the MTO. Dont know what the outcome was, however soldier ended up with a new car.

    MOD is not exempt the law, even behind the wire.
     
  9. even on public roads seems the police are not interested, sisters car got ran into whilst parked on a public road(directly outside her house) offender drove off, only a partial number plate (3 letters and year)and colour seen.but not sure of make/model, front driver door banged in good and proper, looks like car that hit hers had slid on ice, which even sister said that ok sad but it happens, but driving off she was not happy.

    She phoned police up, as no one injured not their problem, was answer she received?

    so now as long as you do not injure anyone or the car is not on a tv program about plods they are not interested in failing to stop after an accident?
     
  10. Merville. And there is no public road running through the barracks.
     
  11. Certain aspects of road traffic law don't apply behind the wire for MOD unless stipulated in local standing orders
     
  12. Which certain aspects are these then, not being sarcastic just genuinely interested.
     
  13. Any of those that refer to "public roads"-drink-driving under Road Traffic Act 1988 for example
     
  14. cheers NM, never knew that.
     
  15. Happened to me some 18 years ago.

    We had MOD Police on the camp then and the result was - private land and so the road traffic act was not applicable.

    But this also means that you can't be prosecuted under the road traffic act for drink driving or speeding (you can be done under military law but can't effect your points!)