§ Mr. HinchliffeTo ask the Secretary of State for Transport what assessment he has made of the implications of the High Court decision of 29 November in the case of Clarkev. Kato and others with regard to the status of railway station car parks and the possible future role of local authorities in designating taxi ranks in such car parks; and if he will make a statement. [11046]
§ Mr. WattsThe decision was made on the particular facts of the case in question and does not lay down a general principle. The significance of the decision is that if a car park is a "road" under the Road Traffic Act 1988, the general provisions of road traffic law will apply to it, such as the requirement for compulsory insurance. The case does not mean that land which is a road within the meaning of the Act because the owner permits the public to use it—as distinct from land over which the public have a right of way—no longer remains under the control of the owner. He remains free to decide what traffic is to be allowed over the land and for what purpose.
The decision therefore has no bearing on the designation of taxi ranks at railway station car parks, which remain a matter for the appropriate station operator.