What is a road?


The legal definition of a Road:

Road includes:

(a) A street; and                            

(b) A motorway; and

(c) A beach; and

(d) A place to which the public have access, whether as of right or not; and

(e) All bridges, culverts, ferries and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and

(f)All sites at which vehicles may be weighed for the purposes of this Act or any other enactment:

So in practice this means any area to which the public can gain unrestricted access, whether by right or not!

Understanding the definition of a road from above, there is some difficulty applying the definition across the working environment. The key question is "a place to which the public have access whether as right or not"

Some clarity has been given by the courts for this statement and the below is a GUIDE ONLY and would need to be tested in the courts as this explanation will not cover every possible situation.

A road is somewhere that is used for general public use as a thoroughfare to gain access to another place, but if there is any sort of restriction on access: i.e; A physical barrier or security checks or signs identifying it as a "restricted area" it may not be regarded as a road. So this can mean that if your place of work has either a sign or control entry system at the entrance to the workplace that restricts entry and directs the visitor to a particular point, then the work area beyond that point may not be deemed as a road.

Note -  It is impossible to cover all situations - therefore there will still be occasions for the courts to look at all the facts and make a decision.

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