13 replies to this topic

[Didsterxx]

Hi

Just a quick question, I know that parking on a pavement is illegal but is parking next to a pavement which is on the road illegal?

Im referring to people parking their cars outside their house, cause im sure i heard that its illegal, i could be wrong!!

[sc_leroy]

Hi

Just a quick question, I know that parking on a pavement is illegal but is parking next to a pavement which is on the road illegal?

Im referring to people parking their cars outside their house, cause im sure i heard that its illegal, i could be wrong!!

Are they causing any obstructions? Are there any yellow lines/zig zags/ parking restrictions etc?

[vpc-thc]

Apologies for the slight off topic, BUT, is parking on a cycle path illegal? As in one on the side of the road?

And back to topic I am sure that its only illegal if there are markings, or if the vehicle is causing an obstruction. As mentioned by the previous post.

[Didsterxx]

Are they causing any obstructions? Are there any yellow lines/zig zags/ parking restrictions etc?

No not really im just asking about cars mounting the curb outside your house and also parking parallel to the kerb also outside your house!!

[TallGuy]

A motor vechicle which mounts the pavement commits an offence contrary to s.72 of the Traffic Act 1835. It is the driving part which is the offence not the parking part so in theory unless the vehicle is physically lifted on to the pavement it must have been driven on to it.

As for parking on the road, then unless there are parking restrictions in force or an obstruction is caused then there is no immediate offence. However ther might be offences relating to the direction the vehicle is facing, the speed limit of the road and the street lighting.

Edited by TallGuy, 08 June 2008 - 08:01 PM.

[Nick D]

Apologies for the slight off topic, BUT, is parking on a cycle path illegal? As in one on the side of the road?

And back to topic I am sure that its only illegal if there are markings, or if the vehicle is causing an obstruction. As mentioned by the previous post.

Highway code 240
You MUST NOT stop or park on
• the carriageway or the hard shoulder of a motorway except in an emergency (see Rule 270)
• a pedestrian crossing, including the area marked by the zig-zag lines (see Rule 191)
• a clearway (see 'Traffic signs')
• taxi bays as indicated by upright signs and markings
• an urban clearway within its hours of operation, even when a broken white line is on your side of the road, except to pick up or set down passengers (see 'Traffic signs')
• a road marked with double white lines, except to pick up or set down passengers
• a tram or cycle lane during its period of operation
• a cycle track
• red lines, in the case of specially designated ‘red routes’, unless otherwise indicated by signs
Any vehicle may enter a bus lane to stop, load or unload where this is not prohibited (see Rule 141).
[Laws MT(E&W)R regs 7 & 9, MT(S)R regs 6 & 8, ZPPPCRGD regs 18 & 20, RTRA sects 5, 6 & 8, TSRGD regs 10, 26 & 27, RTA 1988 sects 21(1) & 36]

So £30.00 NEFP from the Police or £80.00 from the council.

Edited by Nick D, 08 June 2008 - 08:22 PM.

[John Spartan]

The Highway Code is not statute law is it....

No, but that particular section reflects it, hence the YOU MUST NOT rather than YOU SHOULD NOT.

[Nick D]

The Highway Code is not statute law is it....

Oh Tilly. When was the last time you read it?...

If it sates you should, it is not law, it is a guide.
If it state you MUST then it is law.
This is normally followed by the relivent law, in this case.
[Laws MT(E&W)R regs 7 & 9, MT(S)R regs 6 & 8, ZPPPCRGD regs 18 & 20, RTRA sects 5, 6 & 8, TSRGD regs 10, 26 & 27, RTA 1988 sects 21(1) & 36]


Beat me to it .... :-)

Strange that a copper would not know this as this is a basis for issuing a ticket…. :-(

[Chewie]

Apologies for the slight off topic, BUT, is parking on a cycle path illegal? As in one on the side of the road?

Highway code 240
You MUST NOT stop or park on
• a tram or cycle lane during its period of operation

Highway Code 140 is probably a little clearer:

Cycle lanes. These are shown by road markings and signs. You MUST NOT drive or park in a cycle lane marked by a solid white line during its times of operation. Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable. You MUST NOT park in any cycle lane whilst waiting restrictions apply.
[Law RTRA sects 5 & 8]

[Nick D]

No use for us anyway. We cant give out tickets for it, its been decriminalised here....Council operated now....

You can still give tickets out. The decrimed ones get £30.00. (Parking in a bus stop during hours of operation for example), but the Council gives out higher ones and it is normaly a low priority for the police.
I got told NOT to do it as it cost more to recuperate the costs of the ticket.

[tigerdazzle]

No use for us anyway. We cant give out tickets for it, its been decriminalised here....Council operated now....

Tilly,

One of the sgt's has mentioned to us that we can still do them in the evenings due to council bods only operating in the day time. I'll have to get it clarified as it seems there is a degree of confusion in our station.

[matt_w]

What if a vehicle needs to unload or deliver goods and by parking on the pavement the driver clearly causes less of an obstruction/danger than if they were to park on the actual road?

I know of a 'taxi only' lay by in the city centre where there are double yellows either side which allow dropping off or picking up of passengers but to park in the taxi only lay by is far safer for everyone.

Edited by matt_w, 18 June 2008 - 10:39 AM.

[Obsidian_Eclipse]

What if a vehicle needs to unload or deliver goods and by parking on the pavement the driver clearly causes less of an obstruction/danger than if they were to park on the actual road?

I know what your saying but... take out the 'less of' and you've still got "Driver clearly causes _ an obstruction/danger". I think that answers that. Especially when a child gets knocked over the 'less of' becomes irrelevant.

[matt_w]

I know what your saying but... take out the 'less of' and you've still got "Driver clearly causes _ an obstruction/danger". I think that answers that. Especially when a child gets knocked over the 'less of' becomes irrelevant.

I know.

I can think of places though were parking on the pavement cause no obstruction/danger to users of the footpath but to park on the road would cause an obstruction to the flow of traffic.