Road Traffic Act - MOD Base

#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.
 
A

armadillo

Guest
#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
Muffin_Kicker said:
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.

.
Merville. And there is no public road running through the barracks.
 
#11
armadillo said:
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.
Certain aspects of road traffic law don't apply behind the wire for MOD unless stipulated in local standing orders
 
#13
Any of those that refer to "public roads"-drink-driving under Road Traffic Act 1988 for example
 
#15
Chief_Muppet said:
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?
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!)
 
#16
canteen_cowboy said:
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?
CC don't know which Force your sister lives in but certainly it IS a Police matter. Normally where I am it would mean an observation message out on the radio for the offending car and your sister would be advised to report the accident in person to police station as soon as possible but within 24 hours.The relevant enquiries could then be made to trace the driver. From what you have written here she certainly has reason to complain . Not least because her insurance company will want to know why the accident was not reported to the police. Please note that I am not saying that the response should have been blue lights and sirens but she should have some action even if only as outlined above.
Would be interested to know why the person she spoke to at the police thought that it wasn't a matter for the police.
 
#17
I was always told and this seems fairly sensible that whilst the RTA does not apply, SO can refer to the RTA. So when an offence is committed (which on the public road would be an offence under the RTA) on an MoD site the person committed would be done under SO (be them unit, station or in BFG SOBA(G)s) and not the RTA.
 
#18
armadillo said:
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.
Taking and driving away and criminal damage are not RTA offences so that was why the RSM was dealt with in that way. RTA does not apply inside camps / establishments and any vehicles are brought on at the ownwers risk, as has been said some MOD roads are designated public roads where the act applies examples of these are most of the roads in Aldershot military town and the road leading to RNAD Coulport.
 

old_fat_and_hairy

LE
Book Reviewer
Reviews Editor
#19
Interestingly, the Con and Use Act doesn't apply, either. We have an ongoing dispute here between a colleague and the boss about quad bikes. As far as civil law applies, it is a motor car. That is, a mechanically propelled vehicle, having three or more wheels. The bosses insist it is a motorcycle. Now, ruling out standing orders, and Commanding Officer's instructions, it is a car. Therefore no helmet etc need be worn. Common sense dictates that one should be, however.
 
#20
(1) This section applies in a case where, owing to the presence of a Mechanically Propelled Vehicle on a road or other public place, an accident occurs by which -
(a) personal injury is caused to a person other than the driver of that vehicle, or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle.

As has been stated earlier, road, in this sense is not a public road, ie, a road maintained at public expense with no direct public access.

This accident has occured on private land and due to there being no injury to persons or damage to other private property other than vehicle 2, there is no further requirement for investigation by the police. The RTA is exempt in this instance and further reporting/investigation will be as per regimental so's.

My force has a number of bases dotted across the county and reports of this nature are normally passed back to the regiment. That's not to say that your force will not record and retain the details which will fulfill any requirent by the insurance company for an incident number.
 

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