RE: Parking laws changed by stealth
Thursday 7th April 2005
You'll be OK there, sir!The Traffic Management Act 2004, which crept onto the statute books with little debate, is mainly about regulating road works, scaffolding, and the powers of traffic wardens. But tucked away towards the end is a section containing a couple of clauses you may not be aware of.
Parking laws changed by stealth
Dropped kerb parking affected by new legislation
You'll be OK there, sir!
It's now illegal to park next to a dropped kerb, for instance. Exceptions are:
- When you're in a parking space
- When you're parked outside residential premises with the consent of the occupier of the premises -- as long as you're not paying for parking.
- When loading or unloading for 20 minutes or less.
- Works such as gas and water, or road works.
- It's an armed forces vehicle -- so a parking a tank across your neighbour's driveway is OK
Double parking is also now illegal -- you've got to be within 50 cm of the kerb. Exceptions are as above, although the law does allow you to stop to allow people in and out of the car.
Fixed penalties could be up to £80.
Check out the detail here.
Discussion
The dropped kerb rule shouldn't have been needed, but with todays driving(parking) standards and the lack of awareness that most drivers seem to display, I for one am happy about.
We have a dropped kerb in front of our house, allowing us to park on an area of gravel outside. It is amazing how often folks park and block this. Even when our car is parked there!
When you point it out to them, they look incredulous as if the dropped kerb had suddenly appeared whilst they were getting out of their car and the big Land Rover Discovery that they parked beside had just materialised there as well. They usually move, then abandon their car at least 50cm from the kerb.
We have a dropped kerb in front of our house, allowing us to park on an area of gravel outside. It is amazing how often folks park and block this. Even when our car is parked there!
When you point it out to them, they look incredulous as if the dropped kerb had suddenly appeared whilst they were getting out of their car and the big Land Rover Discovery that they parked beside had just materialised there as well. They usually move, then abandon their car at least 50cm from the kerb.
Renny said:
The dropped kerb rule shouldn't have been needed, but with todays driving(parking) standards and the lack of awareness that most drivers seem to display, I for one am happy about.
We have a dropped kerb in front of our house, allowing us to park on an area of gravel outside. It is amazing how often folks park and block this. Even when our car is parked there!
When you point it out to them, they look incredulous as if the dropped kerb had suddenly appeared whilst they were getting out of their car and the big Land Rover Discovery that they parked beside had just materialised there as well. They usually move, then abandon their car at least 50cm from the kerb.
That is because they are morons. Tell them you're going to ring the local traffic warden company to send an agent over
According to the act double parking and parking next to a dropped kerb are illegal within a 'special enforcement area' which the local authority can specify. How, as a driver, are you supposed to know if you're in a special enforcement area or not?
(Let's ignore, for a moment, that double parking and parking next to a dropped kerb are pretty dim things to do regardless of whether or not they're legal).
(Let's ignore, for a moment, that double parking and parking next to a dropped kerb are pretty dim things to do regardless of whether or not they're legal).
Andrew Noakes said:
According to the act double parking and parking next to a dropped kerb are illegal within a 'special enforcement area' which the local authority can specify. How, as a driver, are you supposed to know if you're in a special enforcement area or not?
(Let's ignore, for a moment, that double parking and parking next to a dropped kerb are pretty dim things to do regardless of whether or not they're legal).
That is a very good question.
The problem is that various parts of these regulations will be brought in piecemeal by Authorities either throughout their enforcement area or only in part. Equally they may decide not to implement all the changes.
What is clear is that the "special enforcement area" can only exist if it is fully within or it's boundaries coincide with a civil enforcement area. Appreciated that is not very helpful because the method for declaring such an area is hidden within the Road Traffic Regulation Act 1984 and the Road Traffic Act 1991.
I'll leave others to trawl through those to determine the absolute procedure that must be followed as time is short at the moment, (alligators snapping all around the swamp we're trying to drain!} but I would expect that newspaper announcements are needed as for civil enforcement of moving traffic offences. Not much help to a driver who is out of home area I'm sure you agree.
FiF
Any restrictions on drop kerb parking is fine by me. I have great problems with morons parking in front of my garage. The last cretin to do so found his sh!tbox in the local park. Hooked it to the wifes pajero and hey presto it was no longer blocking me in.
Idiots deserve all they get.
Idiots deserve all they get.
Nuggs said:
...The last cretin to do so found his sh!tbox in the local park. Hooked it to the wifes pajero and hey presto it was no longer blocking me in...
That is a beautiful story - I'm a fan of your work gooby
The icing on the cake was the 2 or 3 parking tickets he got for leaving the car in the middle of the park.
I am so pleased to read this. Live in a london street have 1 of only 5 garages in the area. We block our own garage with our own car (permissable I see). But people for ever block in when we leave! I am on call and so often have to take the other car so me and the police often have chats. Recently one saturday two people had left 36in gap to get the car out! There excuse was they both blamed the other one!
I am not a lawyer but whats a "special enforcement area"?
I am not a lawyer but whats a "special enforcement area"?
but how does the traffic warden know it is your car outside your house - surely they will just see the dropped kerb and write out the ticket?
where I leave my car every day there is a dropped kerb, but alongside the otherside of the pavement is a 6' line of railings that have been there for well over a year - you can't drive anywhere as a result, but would this still be caught?! cos there is no way i would pay it
where I leave my car every day there is a dropped kerb, but alongside the otherside of the pavement is a 6' line of railings that have been there for well over a year - you can't drive anywhere as a result, but would this still be caught?! cos there is no way i would pay it
But I thought the massed ranks of the PH had decreed that it had always been illegal everywhere?!
RE: Parking laws changed by stealth
RE: Parking laws changed by stealth
Itol D Uso said:Iterate ............ see: "Iterate"
But I thought the massed ranks of the PH had decreed that it had always been illegal everywhere?!
RE: Parking laws changed by stealth
Streakystreaky said:U R R8 M8
But I thought the massed ranks of the PH had decreed that it had always been illegal everywhere?!RE: Parking laws changed by stealth
There's been lots threads where
Itol D Uso said:
The massed ranks of the PH had decreed that it had always been illegal everywhere!
Also, someone (
? )pointed it out here, the obvious place, originally, what with it being on topic here I suppose. But "they" don't seem to like it being made too public (
? 
!)! I was prosecuted for obstruction because I was the only person correctly parked in a street; others were prosecuted accordingly. At the time, I was told that Lord Gardner had ruled that the owner of a Stationary motor vehicle is causing an obstruction to other road users. If a motorist fails to stop at lights, policeman instruction, etc he has broken the law. If he stops, under the law of obstruction, he has committed an offence.
Lord Gardner concluded that the motorist is therefore a criminal by definition. Fine in a magistrates court £2. Source of info, RAC lawyer.
Lord Gardner concluded that the motorist is therefore a criminal by definition. Fine in a magistrates court £2. Source of info, RAC lawyer.
harrap said:
If he stops, under the law of obstruction, he has committed an offence.
only if the obstruction is found to be "unnecessary obstruction"
Obstruction in this context is a definition, ie that which prevents a vehicle or person passing over the patch of ground. For example low overhanging scaffolding could cause an obstruction even though one could walk underneath it if one ducked low enough.
Whether it is unnecessary is a matter for the beaks.
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