Posted By Robert K Lewis
It was an English case reported from C of A on 3 december 1996 in Times. It concerns the definition of a road. I understand Scottish law takes the same base definitions except the use of the term streets is more common. Also don't forget the is a subtle difference between a Public Highway, ie. one adopted by a relevant Highways authority, and a road to which the public has access. Both are policed and subject to motoring legislation whereas the former is subject additionally to New Road & Streetworks Act and associated codes for work, plus other requirements.
Bob

Posted By Stuart Nagle
Just for information...

The definition of a 'Public Highway' is;

A way over which all persons have a right to pass and repass unhindered, subject to obstructions which are either natural or legal !!

If anyone needs to find out which are public highways (adopted and maintainable at public expense) or bridleways, footways, footpaths, ect... The information can be obtained from their local Highway Authority (usually the local council), by requesting information contained for the 'locus in quo' as detailed within the 'Definitive Plan'. This is a legal record of all such classifications that the highway authority are required by law to maintain and which is accpetable in a court as evidience of the particular definition and category of road, path or way within the highway authorities area.

Stuart Nagle