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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70523
Experience:  Over 5 years in practice
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Is it correct that a car driver has the right to drive on

Customer Question

Is it correct that a car driver has the right to drive on any road in the UK even though it may be against the right of individuals to a congestion and pollution free life?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

I'm not sure what you mean?

Expert:  Jo C. replied 1 year ago.

Yes, a person who has a licence and has the appropriate insurances and tax can drive on any public road in the UK.

Expert:  Jo C. replied 1 year ago.

That is not subject to closures and other restrictions.

Customer: replied 1 year ago.
a person living in Southend can just drive through Grays even if that person is going against the human rights of children in Grays having their air polluted by that person?
Expert:  Jo C. replied 1 year ago.

Yes, that is right.

Expert:  Jo C. replied 1 year ago.

Or though Kent or Surrey or Scotland if he likes.

Customer: replied 1 year ago.
the children of Grays have no human right in this matter
Expert:  Jo C. replied 1 year ago.

No.

Human rights don't apply to this specific situation anyway.

Customer: replied 1 year ago.
Why is that?
Customer: replied 1 year ago.
Is my previous question beyond your sphere of knowledge?
Customer: replied 1 year ago.
Your answers seem to have stopped. Do you need more time?
Expert:  Jo C. replied 1 year ago.

No, I understand this area.

It is just not covered by the HRA. I obviously cannot say why our law makers drafted the law in this way.

Customer: replied 1 year ago.
OK, going back to your previous answer where a driver can go on any road, provided that there are no closures or restrictions, if Thurrock council put in an access only on the roads into Grays, could this driver from Southend still take a short cut through Grays to reach the M25?
Expert:  Jo C. replied 1 year ago.

Yes.

Any driver in the UK can go elsewhere in the UK providing he has licence, tax, insurance and a roadworthy and MOTed car.

Delighted to continue with this but please rate my answer.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry but that's not what I asked you. Specifically in one of your previous answers you said that providing there are no restrictions. I have put a hypothetical restriction on the road into Grays which states "access only to Grays". Surely this driver taking a short cut does not qualify if he does not wish to have access to Grays. If that is the case how does a weight restriction on a road stop heavier vehicles when it says they can use it but " access only" even if they do not require access but only taking a short cut. That scenario is on my road now and stops all heavier vehicles taking this short cut.
Expert:  Jo C. replied 1 year ago.

No, because that would be an invalid restriction so it would be enforceable.

Expert:  Jo C. replied 1 year ago.

A valid restriction would be something like a one way road that had proper backing from the council.

Councils cannot enforce restrictions that seek to prevent a motorist going where he is perfectly entitled to go.

Customer: replied 1 year ago.
Could you please clarify above points
What would be an invalid restriction so would be enforceable?
Valid restriction - one way ? Are you saying a driver is not entitled to go both ways down a road that the council has decreed to be a one way. How can the council do that?
Expert:  Jo C. replied 1 year ago.

1 Not sure what you mean?

2 No, please see above. A valid restriction is one that is firstly lawful as a restriction preventing people from other areas would not be and secondly voted onto the traffic management order by the council. They cannot interfere with the law decreed by Parliament which is that any driver in the UK can go elsewhere in the UK providing he has licence, tax, insurance and a roadworthy and MOTed car.

Customer: replied 1 year ago.
Sorry to be so picky but I am trying to get my head round how to stop congestion in Grays and it looks like that is an impossible task.
1) that is what you said in your first reply at 08:38
2)could you give a reference in the law that states this? Maybe I can then accept that there is no way forward.
Expert:  Jo C. replied 1 year ago.

1 I'm still not sure what you mean?

2 I'm not going to be able to quote an act that says any motorist can go anywhere. It is a principle of law. Otherwise there would be no point in a motor vehicle or in paying tax or having insurance.