Parking (Dropped Curb)

[Diyisfun]

I think keep driving & dont park

 

[countygardens]

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.

Sorry perhaps i didnt make it clear. What I meant was that if it bothers people that a dropped curb means two spaces then why dont they get a dropped curb themselves and have two spaces

 

[dg123]

......

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?

So, if I understand this correctly, a 'footpath' is a highway for foot traffic only and is not attached to or bordered by a highway for use of other traffic whereas a 'footway' is also a highway for foot traffic only but is attached to or bordered by by a highway for use of other traffic.

Riding a horse or driving a vehicle (including cycling) on a 'footpath' is an offence under the Highways Act 1835, whilst driving a vehicle on a 'footway' is an offence under the Road Traffic Act 1988. No wonder the police are unsure when an offence has been committed!

with regards to

"(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."

I thought this related to gaining access to land to which one had authorised access but this definition appears to blow that out of the water. Under this definition, anyone can drive their vehicle on to any land (including someone's garden) as long as they are within 15 yards of a defined road! Surely this counteract the laws above!? What is the point of having a law then introducing another law which nullifies the original law whilst kepping both laws?

 

[empip]

Keeps the snouters in clover I guess .. The rest of us frustrated when obviously bad things happen with no redress ...... Still, we can always 'get flashed' to reassure ourselves there is some active law, somewhere.

 

[pipe]

My council are coping with this problem by asking all residents if they object to parking in front of dropped kerbs to register their objection on a supplied form.The councils appointed parking enforcement co. will have this info on their hand held computer and issue tickets to any vehicle parked in this way.Unfortunately this means ANY vehicle including the residents.

 

[ban-all-sheds]

Councils can allow pavement parking .. Has to be marked tho'

I don't believe it has to be marked, although it can be.

I can't remember the dimensions, but if a road is less than X m wide, and the footways more than Y m wide, residents can petition for a footway parking exemption which will allow the use of the pavement for parking (possibly "2-wheels on the pavement" style), provided that Z m of unobstructed footway is left available for pedestrians.

I know this because my road is narrow (if cars park both sides, then there isn't room for a normal car to get between them, let alone an emergency vehicle) and the houses have shared driveways which open out behind the houses to pairs of garages. Unfortunately the spacing between the houses was designed with Austin Sevens in mind, so nobody can use their garages, you can't park 100% on the road, and partial-footway parking was what everyone did.

Then a few years ago, spotting a source of revenue, the council started giving out parking tickets, so I got up a petition, and we had the situation made official.

 

[securespark]

My understanding has always been that is illegal to obstruct a dropped kerb, this has been the case long before 2003.

This is not the case. It is a civil, not criminal offence to block someone's drive. I know, because I did it many years ago. The drive in question had an overflowing skip in it, and it was 10.55 pm. I reckoned the skip driver would be tucked up. When I got back, there was a note on the screen saying the householder had to take his cancer-riddled wife to hospital in an emergency. With a skip blocking the drive and no car in sight?

I invited him to phone the police, and they attended, noting the skip and invisible car, and drove off laughing and shaking their heads.

 

[Steve]

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.

Shouldn't have to drive the kids to school. Dont they have legs? Cant you walk to the school and pick them up? This does my head in. No wonder kids these days hate exersize and are overweight . . . Also, parents parking outside our house on a t-time, coming to pick up their kids. I mean, where do they live? There are at least 5 primary schools within 4 miles of our house - surely they could pick one closer to home?

I'm often coming home from work at 3:30pm, the busiest time. I often find cars parked across our driveway. I mean, where the b***** hell am i supposed to park? Cars line the street! I LIVE HERE FFS and the only way i can park is ILLEGALLY across someone else's drive! I wouldn't mind if they parked across next door's drive, HE DOESNT HAVE A CAR! But no, my driveway is 10 metres closer to the school!

Luckily we live at the quiet end of the school, the other gate is on a cul-de-sac, which gets stupidly congested when the school's kicking out.

 

[paulbrown]

Because of all the work going on near my house(city of culture) the parking is awfull! we had a dropped curb done and the council put a white line down. Trouble is I got a ticket myself for parking on the white lines. They said they are there to keep the access clear not for private parking.

 

[markie]

Buy a hovercraft

 

[Diyisfun]

paulbrown

Because of all the work going on near my house(city of culture) the parking is awfull! we had a dropped curb done and the council put a white line down. Trouble is I got a ticket myself for parking on the white lines. They said they are there to keep the access clear not for private parking.

Sorry you got ticket for what was a line put there to help you. BUT that actually makes sence.
As I started this topic & I didnt go into a full history.
Brief history:
I am talking about parking being permitted on footpath (which is only allowed if so marked).
I received a ticket for parking on the pavement within the marker posts but not the lined area, this was appeal against, which I won. THe council then came & repainted the pavement indicating parking area, but removed the area which DID restrict parking on the dropped curb portion.

 

[ban-all-sheds]

I am talking about parking being permitted on footpath (which is only allowed if so marked).

It became allowed in my road, but the council never came round and painted lines or put up signs. Quite right too - would have been a pointless use of public money.

 

[Big_Spark]

I read somewhere that parking on pavements in residential roads is legal, if to park fully on the road was cause a nuisance to other road users and/or block access or make access difficult to the Emergency Services.

Recently I was working on an Industrial estate where people had to park on the pavement or the articulated lorries servicing the estate could not get round due to the width of the road..the local council actually quashed some tickets a numpty enforcement officer gave out for this very reason.

With regards to blocking peoples driveways..That is just self and damned ignorant.

 

[ban-all-sheds]

I read somewhere that parking on pavements in residential roads is legal, if to park fully on the road was cause a nuisance to other road users and/or block access or make access difficult to the Emergency Services.

From what I remember, it is by default not allowed, but if necessary (i.e. road too narrow), and possible (i.e. pavements wide enough), the council are able to grant a footway parking exemption if the residents request it.

We should rename our road Irony Close, because as far as we can tell it is only necessary because at some point in the past the road was narrowed to make the pavements wider, and it is only possible because at some point in the past the pavements were widened by making the road narrower....

 

[Winstonchurchill]

I read somewhere that parking on pavements in residential roads is legal, if to park fully on the road was cause a nuisance to other road users and/or block access or make access difficult to the Emergency Services.

This happens in the avenue that leads into my road and it's a damn nusiance. The refuse wagon has not been able to get down my road on many occasions some of the residents if they are at home in the day have had to bring their bins to the wagon to be emptied. Once for 3 consecutive weeks the bins were not emptied because of cars obstructing the wagons way.
An ambulance also had to stop at the top of the avenue that leads into my road and the paramedics had to run down my road to attend an elderly neighbour that had a heart condition and needed emergency attention.