RE: Parking laws changed by stealth

[harrap]

Manchester Police used obstruction in my case to prove the need for parking restrictions to the local authority; I was prosecuted in Manchester 20 years ago.

Parking at a dropped kerb is "unnecessary obstruction" that could block driveways, disabled & pram crossings. Is this legislation necessary. It is buried inside lengthy regulations that wouldn't have come to my attention without the help of Pistonheads.com

I suppose logic should not be applied to politicians. A TV campaign, you park at a dropped curb, driveway, etc. You will be prosecuted under obstruction. People would associate the placing of a vehicle in terms of obstruction, not a parking regulation, cash collection etc.

A better approach?

[innocent]

Can somebody tell me quickly if I'm right or wrong here, or where I can find the answer. I got a letter accusing me of unnecessary obstruction reported by a traffic warden. What happened was, as I dropped of a passenger at 7:35 at the metrocenter, (it opens at 9) I swung round in a junction, he jumped out within 1min and I drove off, at no point did I get out the car or stop the engine. Am I right, or talking absolute crap, please let me know because the police don't want to ponit me in the right direction?

[Twincam16]

I can't be the only person, too, who's noticed all the 'new Labour' housing developments have dropped kerbs all round, even when it's not in front of a driveway.

[innocent]

The reason for drop kerbs everywere is to do with disabled people, Part M of the building regs has been updated a lot recently right down to door handles having to contrast with doors in new commercial buildings.

[Flat in Fifth]

innocent said:

Can somebody tell me quickly if I'm right or wrong here, or where I can find the answer. I got a letter accusing me of unnecessary obstruction reported by a traffic warden. What happened was, as I dropped of a passenger at 7:35 at the metrocenter, (it opens at 9) I swung round in a junction, he jumped out within 1min and I drove off, at no point did I get out the car or stop the engine. Am I right, or talking absolute crap, please let me know because the police don't want to ponit me in the right direction?

Obviously a lot of other details needed as in where there waiting / stopping restrictions in place, what happened and why ,for how long, where, other traffic etc etc. Too much detail to discuss here would suggest.

Lifted unashamedly from www.freelawyer.co.uk is a good summary of the situation in my opinion.

Introduction

It is an offence to cause obstruction of a public road. One offence deals with the unnecessary obstruction of a road by a motor-vehicles, while another deals with wilful obstruction of the highway.

Summary of the Law

The law says that parking in marked parking place cannot be an obstruction. Almost any other form of parking or stopping a vehicle could be an obstruction depending on the circumstances. At one end of the scale is the physical blocking of a road. At the other, for example, is enforcing a wish to turn right so as to block traffic behind you.

Causing unnecessary obstruction while in charge of a motor vehicle

Here the prosecution must prove that the driver was in charge of a motor-vehicle and that he caused or permitted it to stop on a road causing unnecessary obstruction.

Whether there was in fact an obstruction will be a decision for the magistrates. The court will examine the length of time it took, the place, the purpose and whether it was an actual or potential obstruction. The Court will need to decide whether it was necessary or unnecessary. In short, was it an unreasonable use of the road in the circumstances?

Wilful obstruction of the Highway

This offence can be committed by anyone doing anything on the highway (public road). It need not necessarily involve a motor vehicle.

The court will first decide whether there was in fact an obstruction. Any stopping of more than momentary nature will probably be, on the face of it, an obstruction. The court must then consider whether the obstruction was wilful or not: this simply means was it done deliberately. If the car ran out of petrol then a driver may be able to argue any obstruction was not wilfully caused.

The prosecution must prove that the obstruction was without lawful authority or lawful excuse. What constitutes a lawful excuse will depend on the place, the length of time, the purpose and whether actual rather than potential obstruction was caused. It is this last test which examines whether there was a reasonable use of the road.

Maximum Sentence

These offences can be dealt with only by the Magistrates Court.

The maximum penalty for causing unnecessary obstruction depends on whether the vehicle involved was a private vehicle, eg a car, or a goods vehicle. For a private vehicle the penalty is a fine of up to £1000.

The maximum penalty for wilful obstruction of the highway is a fine of up to £1000. The Court has no power to disqualify you or endorse your licence with penalty points.

Legal provision

Road Vehicles (Construction and Use) Regulations 1986, reg 103 and s42, Road Traffic Act 1988 and s137 Highways Act 1980

Important: please note that as the legal information above is free, we cannot and do not claim that it is always up to date. It may well be out of date - law is a constantly changing field. Consequently, you should not base any decision on the information above, without first getting it verified by a legally qualified person.

[D Fender]

You mean that all we were told here (and in subsequent threads) is wrong?!

dropped kerb.....they think they own...