Login | Register
SearchMy Stuff
My ProfileMy PreferencesMy Mates RSS Feed
2
Reply to Topic
Author Discussion

PAULJ5555

Original Poster:

1,489 posts

64 months

[news] 
Wednesday 23rd February 2011 quote quote all
Hi all

Please could you advise?

Where I live there is a an issue of residents putting traffic cones, bins, buckets, ladders, plastic chairs on the road outside their houses to stop anyone parking there. These houses are big houses with driveways for at least 2 cars so there is no need for this crap to be put on the road (also the road has no parking restrictions).

I assume that it is an offence to obstruct a public highway but could someone please point me to any law that says this.

Many Thanks

P

pbickerd

883 posts

48 months

[news] 
Wednesday 23rd February 2011 quote quote all
You could ask the police? (non-emergency number!!)

PintOfKittens

1,336 posts

78 months

[news] 
Wednesday 23rd February 2011 quote quote all
Simply move them aside and park there anyway?

Or report to the local council that someone is tipping rubbish in the road?

Section 137 of the Highways Act 1980

137:-

(1) If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence


vonhosen

28,868 posts

105 months

[news] 
Wednesday 23rd February 2011 quote quote all
It's difficult to allege that a cone is causing an unnecessary obstruction to the free passage if the highway if you'd want to park a car in it's place.

madala

4,933 posts

86 months

[news] 
Wednesday 23rd February 2011 quote quote all
.....buy and old car that is taxed and insured and park it outside and leave it there for a prolonged length of time....smile
Advertisement

PAULJ5555

Original Poster:

1,489 posts

64 months

[news] 
Wednesday 23rd February 2011 quote quote all
vonhosen said:
It's difficult to allege that a cone is causing an unnecessary obstruction to the free passage if the highway if you'd want to park a car in it's place.
I see your point but cars have right to be there, unauthrised traffic cones, bins, ladders, plastic chairs do not.

vonhosen

28,868 posts

105 months

[news] 
Wednesday 23rd February 2011 quote quote all
PAULJ5555 said:
I see your point but cars have right to be there, unauthrised traffic cones, bins, ladders, plastic chairs do not.
If it's causing an obstruction it's causing an obstruction whatever it is. Cars don't have a right to park on the road, the roads are for free passage.

Sec 22A RTA 1988 makes it an offence to intentionally (& without lawful authority or reasonable cause) place items in the road to the danger of other road users.

Edited by vonhosen on Wednesday 23 February 10:36

tvrgit

8,201 posts

140 months

[news] 
Wednesday 23rd February 2011 quote quote all
Highways Act 1980 Section 148 (c) is what the OP is looking for.

148 Penalty for depositing things or pitching booths etc. on highway.

If, without lawful authority or excuse—

(a)a person deposits on a made-up carriageway any dung, compost or other material for dressing land, or any rubbish, or

(b)a person deposits on any highway that consists of or comprises a made-up carriageway any dung, compost or other material for dressing land, or any rubbish, within 15 feet from the centre of that carriageway, or

(c)a person deposits any thing whatsoever on a highway to the interruption of any user of the highway, or

(d)a hawker or other itinerant trader pitches a booth, stall or stand, or encamps, on a highway.

he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

vonhosen

28,868 posts

105 months

[news] 
Wednesday 23rd February 2011 quote quote all
tvrgit said:
Highways Act 1980 Section 148 (c) is what the OP is looking for.

148 Penalty for depositing things or pitching booths etc. on highway.

If, without lawful authority or excuse—

(a)a person deposits on a made-up carriageway any dung, compost or other material for dressing land, or any rubbish, or

(b)a person deposits on any highway that consists of or comprises a made-up carriageway any dung, compost or other material for dressing land, or any rubbish, within 15 feet from the centre of that carriageway, or

(c)a person deposits any thing whatsoever on a highway to the interruption of any user of the highway, or

(d)a hawker or other itinerant trader pitches a booth, stall or stand, or encamps, on a highway.

he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
Is a cone rubbish ?

tvrgit

8,201 posts

140 months

[news] 
Wednesday 23rd February 2011 quote quote all
vonhosen said:
Is a cone rubbish ?
Only if the ice cream inside it has melted.

it doesn't have to be "rubbish" to fall under subsection 3 though ("any thing whatsoever" is pretty non-exclusive)

Knock_knock

400 posts

64 months

[news] 
Wednesday 23rd February 2011 quote quote all
tvrgit said:
Only if the ice cream inside it has melted.

it doesn't have to be "rubbish" to fall under subsection 3 though ("any thing whatsoever" is pretty non-exclusive)
Given that the proposal is to park a car in place of a cone, I think you might struggle to define that cone as being "to the interruption of any user of the highway".

KK

vonhosen

28,868 posts

105 months

[news] 
Wednesday 23rd February 2011 quote quote all
tvrgit said:
Only if the ice cream inside it has melted.

it doesn't have to be "rubbish" to fall under subsection 3 though ("any thing whatsoever" is pretty non-exclusive)
Then you'd have to show an interruption to a road user under sub-section 3. I don't personally see how stopping a car parking there is an interruption, or a car parked there would be just as much an interruption to other road users.

The OP just needs to move the item & park there, if that's what they really want to do (& it's not causing any unnecessary obstruction).

Edited by vonhosen on Wednesday 23 February 11:18

tvrgit

8,201 posts

140 months

[news] 
Wednesday 23rd February 2011 quote quote all
There is a difference between "obstruction" and "prevention of use".

"Use of the highway" includes the right to stop or park your vehicle at the end of your journey. If the length of road in question was NOT considered to be a suitable place to park, then it would be covered by other legislation (for example, within so many metres of a junction, on pedestrian crossing zig-zags, or covered by a TRO to prohibit or control parking).

Putting out cones, plastic chairs or other stuff on the highway, to reserve it for your parking use, prevents its legitimate use for that same purpose by others, and falls under this offence. No problem getting that to stick.

Section 149 gives the highway authority powers to clear all this st off the highway and charge the person who put it there, for the favour. It really is simple.



vonhosen

28,868 posts

105 months

[news] 
Wednesday 23rd February 2011 quote quote all
tvrgit said:
There is a difference between "obstruction" and "prevention of use".

"Use of the highway" includes the right to stop or park your vehicle at the end of your journey. If the length of road in question was NOT considered to be a suitable place to park, then it would be covered by other legislation (for example, within so many metres of a junction, on pedestrian crossing zig-zags, or covered by a TRO to prohibit or control parking).

Putting out cones, plastic chairs or other stuff on the highway, to reserve it for your parking use, prevents its legitimate use for that same purpose by others, and falls under this offence. No problem getting that to stick.

Section 149 gives the highway authority powers to clear all this st off the highway and charge the person who put it there, for the favour. It really is simple.
They have to serve notice & satisfy a court first though no ?
(Unless it's dangerously placed)

F i F

24,355 posts

139 months

[news] 
Wednesday 23rd February 2011 quote quote all
All very erudite discussion, just wondering what the reaction would be if somebody spilt some superglue or similar and the bottom of the patio chair legs / cones etc accidentally ended up being contaminated / splashed with said glue and ....



whistle


This post is all the direct fault of tvrgit for writing

tvrgit said:
No problem getting that to stick.
Edited by F i F on Wednesday 23 February 11:39

tvrgit

8,201 posts

140 months

[news] 
Wednesday 23rd February 2011 quote quote all
vonhosen said:
tvrgit said:
There is a difference between "obstruction" and "prevention of use".

"Use of the highway" includes the right to stop or park your vehicle at the end of your journey. If the length of road in question was NOT considered to be a suitable place to park, then it would be covered by other legislation (for example, within so many metres of a junction, on pedestrian crossing zig-zags, or covered by a TRO to prohibit or control parking).

Putting out cones, plastic chairs or other stuff on the highway, to reserve it for your parking use, prevents its legitimate use for that same purpose by others, and falls under this offence. No problem getting that to stick.

Section 149 gives the highway authority powers to clear all this st off the highway and charge the person who put it there, for the favour. It really is simple.
They have to serve notice & satisfy a court first though no ?
(Unless it's dangerously placed)
absolutely correct.

Nevertheless, in answer to the OP, this is still the appropriate legislation for the problem he described.

F i F said:
All very erudite discussion, just wondering what the reaction would be if somebody spilt some superglue or similar and the bottom of the patio chair legs / cones etc accidentally ended up being contaminated / splashed with said glue and ....
Sorry, I can't answer that. I'm stuck.

Hooli

28,543 posts

88 months

[news] 
Wednesday 23rd February 2011 quote quote all
I used to know an idiot who did this with patio chairs, cones, tins of paint etc. I just used to drive into the space & park anyway. It's great having a Landy that looks better with dents & dings hehe

Did you know if you hit those cheap plastic patio chairs at 15mph+ with a winch bumper they explode into bits 1" across or smaller wink

streaky

19,311 posts

137 months

[news] 
Wednesday 23rd February 2011 quote quote all
Probably better to report to the Council as an offence under s.33 Environmental Protection Act 1990.

It is illegal for any person to deposit controlled waste, knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence is in force and the deposit is in accordance with the licence.

"Controlled waste" is any household, commercial or industrial waste.

The reasons for using this route are that the Council will have more interest in the offence, they will have more 'police' to come out and inspect the scene, they will be faster to respond, and they will keep you in the loop. wink The downside is that they will leak your details to the offender. frown

Streaky

BlueMR2

6,319 posts

90 months

[news] 
Wednesday 23rd February 2011 quote quote all
streaky said:
The reasons for using this route are that the Council will have more interest in the offence, they will have more 'police' to come out and inspect the scene, they will be faster to respond, and they will keep you in the loop. wink The downside is that they will leak your details to the offender. frown

Streaky
hehe I found that funny, as its so true.

rallycross

6,025 posts

125 months

[news] 
Wednesday 23rd February 2011 quote quote all
People do really wierd things on the road in front of their houses dont they!
As if they own that part of the public highway.

I have a 'near neighbour a bit like this, completely obsessed about what's on the road beside his house, even though its a quiet road, no parking regulations, and its not even in his direct view from his house (he has a big house with long walled garden and plenty of parking inside his gates)


If anyone parks on this bit of road he goes mad.
A transit had its windscreen smashed, such an odd thing to happen in such a quiet upmarket area.
I had my towcar parked their for a week and it acquired a huge scratch along the side (pavement side).

I think the best way to deal with them is buy an old snotter with tax, insure it and park it right where they dont like it most.

Leave it for a while until they are beside themselves and then offer to move it if they pay you £xxx.

Just make sure you ask for more than double what the car cost you thereby getting a free car!



2
Reply to Topic