Parking (Dropped Curb)

[Diyisfun]

A work colleague has just had his vehicle towed away as it was parked across a dropped curb (leading to a house). This vehicle was parked WITHIN a marked area allowing parking.

We have been told by parking enforcement that this is rule 27, I cannot find this.
Apparently the law was changed in 2003 stating that if a vehicle was parked across a dropped curb & a complaint is made regarding an obstruction the vehicle could be removed.

This seems strange to allow parking, but if a complaint is made then the vehicle is removed. If there is no complaint the vehicle is LEGAL.

What makes this unfair if this is true, is that if YOU have a dropped curb allowing you access to your front garden for parking & you also park on the dropped curb you are given in theory an extra allocated parking bay.

I welcome any views or links to the rules.

 

[dg123]

A work colleague has just had his vehicle towed away as it was parked across a dropped curb (leading to a house). This vehicle was parked WITHIN a marked area allowing parking.

We have been told by parking enforcement that this is rule 27, I cannot find this.
Apparently the law was changed in 2003 stating that if a vehicle was parked across a dropped curb & a complaint is made regarding an obstruction the vehicle could be removed.

This seems strange to allow parking, but if a complaint is made then the vehicle is removed. If there is no complaint the vehicle is LEGAL.

What makes this unfair if this is true, is that if YOU have a dropped curb allowing you access to your front garden for parking & you also park on the dropped curb you are given in theory an extra allocated parking bay.

I welcome any views or links to the rules.

My understanding has always been that is illegal to obstruct a dropped kerb, this has been the case long before 2003. It may be that the rules mentioned are something to do with local parking enforcement guidelines. Where I live, many cars are parked illegally (Road Traffic Act) but the police will not take action.

 

[countygardens]

What makes this unfair if this is true, is that if YOU have a dropped curb allowing you access to your front garden for parking & you also park on the dropped curb you are given in theory an extra allocated parking bay.

I welcome any views or links to the rules.

Why is this unfair? If the owner hadnt had the drop curb put in then he would have one space. If he then puts the drop curb in he is adding a parking space at his/hers expense. Therefore adding a space rather than just moving it onto the property!

 

[kendor]

I was given to understand that you may park in front of a kerb as long as there wasn't already a vehicle on the driveway ie you can block a car being able to park onto a driveway but you cannot obstruct a car wanting to pull off a driveway. Has this been changed?

 

[countygardens]

I was given to understand that you may park in front of a kerb as long as there wasn't already a vehicle on the driveway ie you can block a car being able to park onto a driveway but you cannot obstruct a car wanting to pull off a driveway. Has this been changed?

That was probably the change in 2003 that diyisfun mentioned.

 

[kendor]

I was given to understand that you may park in front of a kerb as long as there wasn't already a vehicle on the driveway ie you can block a car being able to park onto a driveway but you cannot obstruct a car wanting to pull off a driveway. Has this been changed?

That was probably the change in 2003 that diyisfun mentioned.

can anyone confirm this as the case, I would like to know on a personal note as parking around the school gates when picking up the children is so difficult that you are forced to park across driveways albeit for a short time I always make sure i only park across an empty drive though.

 

[empip]

I was given to understand that you may park in front of a kerb as long as there wasn't already a vehicle on the driveway ie you can block a car being able to park onto a driveway but you cannot obstruct a car wanting to pull off a driveway. Has this been changed?

In the garage ... not counting? Old wive's tale mate, Obstruction is simply, Obstruction ... If anyone in authority bothers to take interest.

Isn't it down to local bye laws or whatever, nowadays?

Parking laws
Until the 1960s, judgements in legal cases defined how the law regarded parking. Today, powers used
to control parking come from a variety of laws and government instructions. The following highlights
points from legislation and instructions relevant to parking.
The Road Traffic Regulation Act 1984:
gave powers to local highways authorities in England, Wales and Scotland to effect and control
parking places; and gave local councils flexibility to create different types of parking places for different vehicles and users.
The Road Traffic Act 1988 ( www.hmso.gov.uk/acts/acts1988/Ukpga_19880052_en_2.htm#end )
includes the prohibition of parking offences including obstructive parking.
The Road Traffic Act 1991 ( www.hmso.gov.uk/acts/acts1991/Ukpga_19910040_en_1.htm ):
decriminalised a substantial number of parking offences and transferred them to local authorities.
The Traffic Management Act 2004
gives local traffic authorities the opportunity to apply for traffic enforcement powers that cover parking, bus lanes and some moving traffic offences (subject to regulations to be made by the
Secretary of State).....

Here we go then .....

....There is no national law that bans parking cars and small vehicles on the pavement. A local council can however use traffic regulation orders to ban pavement parking in a specified area. The police or parking attendants would then enforce it.....

 

[gcol]

My parents have a driveway off a main road and as they are near shops were always having their driveway blocked by people having a haircut or going to the opticians etc.
People have had £20 fines for blocking the drive before now.
A few years back the council put in "traffic calming" parking bays along the road. One of which encompassed the end of my parent's driveway. So people started parking there even more. In the end the council painted different markings in the parking bay to show that there was no parking permitted in that spot. It's not really a problem any longer.
I guess what I'm trying to say is that under any circumstances you cannot block a driveway. What if you needed to get to hospital quickly and the was someone parked across your drive? I know what I'd do and it would end up in a couple of dented doors I can tell you that.
Gcol

 

[gcol]

My parents have a driveway off a main road and as they are near shops were always having their driveway blocked by people having a haircut or going to the opticians etc.
People have had £20 fines for blocking the drive before now.
A few years back the council put in "traffic calming" parking bays along the road. One of which encompassed the end of my parent's driveway. So people started parking there even more. In the end the council painted different markings in the parking bay to show that there was no parking permitted in that spot. It's not really a problem any longer.
I guess what I'm trying to say is that under any circumstances you cannot block a driveway. What if you needed to get to hospital quickly and the was someone parked across your drive? I know what I'd do and it would end up in a couple of dented doors I can tell you that.
Gcol

 

[Diyisfun]

countygardens

Why is this unfair? If the owner hadnt had the drop curb put in then he would have one space. If he then puts the drop curb in he is adding a parking space at his/hers expense. Therefore adding a space rather than just moving it onto the property!

What makes it unfair, is that they basicaly have an allocated place outside there house, rather than a free for all, as other residents would.

 

[gcol]

So you would rather have them not use their driveway and struggle to find a parking spot elsewhere? How would that help?

 

[dg123]

I was given to understand that you may park in front of a kerb as long as there wasn't already a vehicle on the driveway ie you can block a car being able to park onto a driveway but you cannot obstruct a car wanting to pull off a driveway. Has this been changed?

In the garage ... not counting? Old wive's tale mate, Obstruction is simply, Obstruction ... If anyone in authority bothers to take interest.

Isn't it down to local bye laws or whatever, nowadays?

Parking laws
Until the 1960s, judgements in legal cases defined how the law regarded parking. Today, powers used
to control parking come from a variety of laws and government instructions. The following highlights
points from legislation and instructions relevant to parking.
The Road Traffic Regulation Act 1984:
gave powers to local highways authorities in England, Wales and Scotland to effect and control
parking places; and gave local councils flexibility to create different types of parking places for different vehicles and users.
The Road Traffic Act 1988 ( www.hmso.gov.uk/acts/acts1988/Ukpga_19880052_en_2.htm#end )
includes the prohibition of parking offences including obstructive parking.
The Road Traffic Act 1991 ( www.hmso.gov.uk/acts/acts1991/Ukpga_19910040_en_1.htm ):
decriminalised a substantial number of parking offences and transferred them to local authorities.
The Traffic Management Act 2004
gives local traffic authorities the opportunity to apply for traffic enforcement powers that cover parking, bus lanes and some moving traffic offences (subject to regulations to be made by the
Secretary of State).....

Here we go then .....

....There is no national law that bans parking cars and small vehicles on the pavement. A local council can however use traffic regulation orders to ban pavement parking in a specified area. The police or parking attendants would then enforce it.....

The Road Traffic Act states that is an offence to drive a vehicle anywhere other than a road except to gain authorised access e.g. driving across a footpath to enter one's driveway.

As a footpath is not a road and in order to park on it a vehicle must be driven (unless craned!) it stands to reason that it is an offence to park on a footpath.

DIF: With regards to rules around 2003 I think this has more to do with the date that local authorities had the option to take over parking control, however, the offence of obstruction is still one that should be enforced by the police.

 

[countygardens]

countygardens

Why is this unfair? If the owner hadnt had the drop curb put in then he would have one space. If he then puts the drop curb in he is adding a parking space at his/hers expense. Therefore adding a space rather than just moving it onto the property!

What makes it unfair, is that they basicaly have an allocated place outside there house, rather than a free for all, as other residents would.

Firstly, other residents are quite free to get themselves a drop curb and therefore have an allocated space, plus many driveways will take more than one car which frees up extra space for other residents. Very fair in my opinion!

 

[Diyisfun]

Countrygardens, I hear where you are coming from, But I think you may have missed what I was saying, ie, by having a dropped curb you get 2 places.
The follow up of what you have said is if all have a dropped curb, then you should have a parking free road. Well we are not in the ideal world. I have just returned from Canada, where it is an offence to park on the road.

 

[empip]

......

The Road Traffic Act states that is an offence to drive a vehicle anywhere other than a road except to gain authorised access e.g. driving across a footpath to enter one's driveway.

As a footpath is not a road and in order to park on it a vehicle must be driven (unless craned!) it stands to reason that it is an offence to park on a footpath.

DIF: With regards to rules around 2003 I think this has more to do with the date that local authorities had the option to take over parking control, however, the offence of obstruction is still one that should be enforced by the police.

When is a Footpath not a pavement?

Footpath means a highway over which the public have a right of way on foot only, not being a footway [Section 329(1) Highways Act 1980].
Footway means a way comprised in a highway, which also comprises a carriageway, being a way over which the public has a right of way on foot only [Section 329(1) Highways Act 1980]. Footways are the pedestrian paths alongside a carriageway, and are often referred to as a pavement
....The footway at the side of a carriageway can only be used by pedestrians. Section 66 of the Highways Act 1980 places a duty on the highway authority to construct a footway alongside a carriageway if considered necessary or desirable. Driving a vehicle (including cycling) or riding a horse on a footway is an offence under the Highways Act 1835

Blimey what abaht that then?

Apparently a distinction is made with regard to parking.. which I agree would usually mean some driving too.. Tis a bit iffy tho'.

Prohibition of driving motor vehicles elsewhere than on roads.

(1) Subject to the provisions of this section, if without lawful authority a person drives a motor vehicle;
(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b) on any road being a footpath or bridleway,
he is guilty of an offence.
(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

Now the only reference I can find regarding parking, except parking on a cycle track .. refers to HGVs Note the use of footway not footpath or pavement ???

(1) Subject to subsection (2) below, a person who parks a heavy commercial vehicle (as defined in section 20 of this Act) wholly or partly
(a) on the verge of a road, or
(b) on any land situated between two carriageways and which is not a footway, or
(c) on a footway,....

Councils can allow pavement parking .. Has to be marked tho'
Crikey, better not to drive at all .... Just what do we know?