Is Elizabeth Avenue a public road or not?
A CHALLENGE has been mounted in the Magistrate's Court as to whether Elizabeth Avenue, which runs through Admiral Park, can be classed as a public highway as defined by law.
Advocate Alan Merrien has put forward the argument in the case of a 21-year-old who admits riding a motorcycle without insurance there, but denies riding without due care and attention and without a licence.
He said the States had never adopted Elizabeth Avenue and did not maintain it, so in effect it was a private road.
He wondered how many other roads there were that made the entrance to shops, supermarkets, sports clubs, and various associations to which his argument could also apply.
Judge Graeme McKerrell said Elizabeth Avenue would still be unique given its size and the volume of traffic which used it.
The motorcyclist's due care and attention and no licence offences are alleged to have been committed on a public highway.
The definition of a public highway by law is a road, street, lane or public place.
Advocate Merrien said a public place might be something such as a square or a car park and he questioned whether Elizabeth Avenue qualified as a road for the purpose of the law.
Judge McKerrell asked if it would make a difference if he decided it was not a road but it was a public place.
Advocate Merrien said the prosecution was saying it was a road and therefore covered under the law.
The court will deliver its decision later.
