n I recently had an accident while revers ing into
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a building site. It is alleged that I ran over a boy's bike which was left in the driveway leading to the site. The bike was leaning against a wire from an electricity post and apparently it slipped to the floor. The wire was 26ft 6in. from the road. 5ft into the driveway.
The boy was so distressed that I gave him a sum of money to repair the bike but he has since reported the accident to the police and I have been informed by them that I may be prosecuted for careless driving. As this accident occurred off the road on a building site, I wonder if I could be prosecuted for this offence?
AA successful prosecution could only be taken against you if the place where the incident occurred is a -road" within the meaning of the Road Traffic Act. 1960. "Road" is defined in Section 257 of this Act as "any highway and any other road to which the public have access". There have been many
test cases on this subject: it has been held, for instance, that a private approach to a farm where public had access was a "road". It is difficult, therefore, to give an authoritative answer to your question but from your description of the mishap scene it does not appear to be a "road" within the meaning of the Act and if this is so then you cannot be convicted of careless driving.
If you are to be prosecuted then you must be served with a summons or a written notice of intended prosecution within 14 days of the incident complained about. You cannot be prosecuted if this is not done.