Daughter lives in a flat and parks on the site, some visitors parking and open to anyone who is visinting a resident, no gates, no parking permit required. Suppose it is a bit like a supermarket car park - private but with public access.
Do vehicles parked in an area like this require tax and insurance??
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If its maintainable at public expense then they need tax. Insurance requirement at best is a "possibly" - very site specific as to whether its a Road Traffic Act road - sounds that it might be but there's an awful lot of contradictory case law around it.
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Not maintained at public expense, leasehold flats.
Does that mean I don't need insurance or a license to have a blast around Tesco's car park?
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Err no! Because Tesco's car park is a 'Public Place'. You do not need a Licence but you do need Insurance.
Why?
Because in the legislation (Road Traffic Act 1988) the requirement for a Licence necessitates a 'Motor Vehicle' to be on a 'Road'. The requirement for Insurance necessitates the 'Motor Vehicle' to be on a 'Road' or 'Public Place'.
Edited by Fullchat on 07/03/2009 at 17:28
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So a vehicle parked in the flats car park must be insured but does not necessarily need to be taxed.
There is a van there with a tax disc that expired in April 2008.
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Car in a public carpark needs Ins & RFL.
In Scotland, at least, if the space is marked on the title deeds it is private land - no rfl or ins reqd
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"So a vehicle parked in the flats car park must be insured but does not necessarily need to be taxed."
As explained above. If the car park is not repairable at public expense then it does not require tax.
Tesco's car park although private, in that it is owned by Tesco's, is deemed a 'Public Place' because there is a general unrestricted invite for any member of the public to use the car park in order that they can use the facility of the store during opening hours.
Presumably your car park is restricted by whatever means to tenants and people visiting them. It is not open to any member of the public to park there. In which case it is not a 'Public Place'
A field used for the parking of cars during say an agricultural show just for a day and charging an entrance fee is a 'Public Place'. Because any member of the public can avail themselves of the facility on that day.
I cannot make it much clearer. As PU says. plenty of case law.
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