ChatterBank1 min ago
highways act ?
can anyone tell me if it's legal to park a car on the pavement in a residential street, or is it that that the police don't enforce the law if it exists?
Answers
No best answer has yet been selected by finestkind. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Well I think it is pretty obvious that you are in the UK. Pehaps questions on the Road traffic acts come under the phrase - what a bu*mer!
yes it is against the law and I dont know why it isnt enforced. You have no grounds to whine if they do, or do it patchily.
tell you what tho' when the bombs went off in the arndale centre in Manchester, the area was saturated with police who had nothing better to do than put tickets on the cars. Obvioulsy some had been parked pretty crazily as the owners sudduv stopped and got their ar*es out of the city on foot pretty damn quick!
There is an offence of driving on the pavement, and you have you be caught in the act for a realistic chance of a successful prosecution. Just being on the pavement is not enough evidence. However, there is also an offence of obstruction, and it is this that the police or Local Authority invokes.
Each Authority that uses this has to have government permission to enforce this as if they were police. They act as agents of the court, which in the UK adminsters criminal "justice" (not the police; they too are just agents).
If parking on the pavement is to be an offence in itself then it has to be limited to a particular location, enforced by Act of parliament (or local By-law that is an extension of goverment power decided locally).
To start with this intention has to be intimated by notices in local papers, proclamations, public notices at affected areas. Finally, when the By-law is passed, it should be reinforeced by signs, as approved by central government, being displayed where the prohibition is effective.
Section 15 of the Greater London (General Powers) Act 1974 makes it an offence to park a vehicle on footways and grass verges in London. This offence has been decriminalised under section 76 of the Road Traffic Act 1991 and, unless parking on the pavement has been specifically allowed at a particular location, London borough council parking attendants may issue a penalty charge notice where a vehicle is found parked on a pedestrian footway.
http://www.parliament.the-stationery-office.co.uk/pa/cm200304/cmhansrd/cm041014/text/41014w04.htm
Elsewhere in the UK, parking on the pavement may not be an offence in itself, however,
It is an offence for a person, without lawful authority or excuse, to wilfully obstruct the passage along the highway. This applies to vehicles obstructing pavements and would normally be dealt with by a Fixed Penalty Notice.
http://www.crimereduction.gov.uk/faq7.htm