Blocking a road.
Discussion
1980 Highways Act section 137 makes it an offence to obstruct a highway without authorisation or an excuse.
Can someone tell me what exactly constitutes an excuse?
Reason I'm asking, recently had an issue with a tanker driver blocking the road for over half an hour to deliver heating oil to a house. The house in question had a large drive, and a yard adjacent, but they chose to use neither. Driver said he was legally allowed to close the road for 20 minutes, was he correct?
Can someone tell me what exactly constitutes an excuse?
Reason I'm asking, recently had an issue with a tanker driver blocking the road for over half an hour to deliver heating oil to a house. The house in question had a large drive, and a yard adjacent, but they chose to use neither. Driver said he was legally allowed to close the road for 20 minutes, was he correct?
hed and moaned about the tanker having to park on the driveway, and told him to park on the road, because of previous spillages or the risk of.The expression “without lawful authority” is unsatisfactorily circular, as it makes an action unlawful unless done lawfully. In practice, there is no single definition of or single meaning for that expression, so it has to be construed in the context of each occasion on which it is used.
On the face of it, I don't see how the driver had lawful authority to block the road.
People have been charged with blocking a road by hesitating to a standstill at a fork in the road! (see Kaba v Director of Public Prosecutions, in which despite the obstruction lasting only 40 seconds at most, the driver was found to have deliberately obstructed the highway)
On the face of it, I don't see how the driver had lawful authority to block the road.
People have been charged with blocking a road by hesitating to a standstill at a fork in the road! (see Kaba v Director of Public Prosecutions, in which despite the obstruction lasting only 40 seconds at most, the driver was found to have deliberately obstructed the highway)
I would suggest the oil tanker driver is correct. We too have oil deliveries, as well as tankers when our septic tank needs emptying. Our drive isn't big enough to accommodate them, and we live on a small country lane, so needless to say the lane gets blocked when they are here. I'm pretty sure they wouldn't block the road if it was illegal for them to do so.
Many times it is unwise to take large vehicles onto domestic driveways for fear of causing underground works to collapse.
Also many domestic driveways aren't wide enough to take large commercial vehicles.
I frequently used to block minor roads to carry out recovery work , it is the recommended procedure to create a safe working area as joe public will often try to go where he won't fit or crush the operator.
Having had several very near misses and a jacket ripped from my back by a passing vehicle self preservation comes to the fore .
Also many domestic driveways aren't wide enough to take large commercial vehicles.
I frequently used to block minor roads to carry out recovery work , it is the recommended procedure to create a safe working area as joe public will often try to go where he won't fit or crush the operator.
Having had several very near misses and a jacket ripped from my back by a passing vehicle self preservation comes to the fore .
When I contracted my local authority to install a dropped kerb they made it a condition that goods vehicles were not permitted to use it for fear of damage (looking at other dropped kerbs round here, a valid concern). So the home owner may be choosing the lesser of two evils (the truck might not be permitted to leave the carriageway).
Or is a whingy "I don't want my oil dripping on my driveway" type.
Or is a whingy "I don't want my oil dripping on my driveway" type.
tinnitusjosh said:
The expression “without lawful authority” is unsatisfactorily circular, as it makes an action unlawful unless done lawfully. In practice, there is no single definition of or single meaning for that expression, so it has to be construed in the context of each occasion on which it is used.
On the face of it, I don't see how the driver had lawful authority to block the road.
People have been charged with blocking a road by hesitating to a standstill at a fork in the road! (see Kaba v Director of Public Prosecutions, in which despite the obstruction lasting only 40 seconds at most, the driver was found to have deliberately obstructed the highway)
Whilst I think that this defines the correct legal position, the much harder part would be to get the Police to take enforcement action.On the face of it, I don't see how the driver had lawful authority to block the road.
People have been charged with blocking a road by hesitating to a standstill at a fork in the road! (see Kaba v Director of Public Prosecutions, in which despite the obstruction lasting only 40 seconds at most, the driver was found to have deliberately obstructed the highway)
Once upon a time, they would, but now they would see it as a neighbour dispute and deem that they do not have sufficient resources to deal with it.
I think that broad public opinion would tend to agree with their viewpoint.
If the obstruction prevents access to a large number of properties, particularly of emergency and refuse vehicles, they might take a different view.
Ok guys thanks for the replies. As no-one has mentioned a valid LEGAL excuse, I think it safe to assume that what they were doing was illegal, and there is no "20 minute" clause.
Just to clarify the road is a B road and is the main road through a small village, it would most certainly be needed for access by the emergency services.
As mentioned he also has a yard adjacent to the house which he uses for lorry access, so he did have an alternative.
I would also add my house is also on a narrow lane & requires bulk gas deliveries & septic tank emptying. The entrance & drive has been built to allow the tankers access.
Just to clarify the road is a B road and is the main road through a small village, it would most certainly be needed for access by the emergency services.
As mentioned he also has a yard adjacent to the house which he uses for lorry access, so he did have an alternative.
I would also add my house is also on a narrow lane & requires bulk gas deliveries & septic tank emptying. The entrance & drive has been built to allow the tankers access.
Given that information I would contact you LA or Highway Authority, if different, in the first instance, he is clearly causing an obstruction.
On the next occasion, take photographs, preferably with a queue of waiting vehicles, and then write to the local Police and LA, requesting that they take action.
It is clearly much more than a dispute between neighbours.
On the next occasion, take photographs, preferably with a queue of waiting vehicles, and then write to the local Police and LA, requesting that they take action.
It is clearly much more than a dispute between neighbours.
Technically it would be classed as an obstruction, require a TMO/council closure/police closure, however, you could have just searched for 2 minutes and found the Highway Code which covers this
"Rule 246
Goods vehicles. Vehicles with a maximum laden weight of over 7.5 tonnes (including any trailer) MUST NOT be parked on a verge, pavement or any land situated between carriageways, without police permission. The only exception is when parking is essential for loading and unloading, in which case the vehicle MUST NOT be left unattended.
Law RTA 1988 sect 19
Rule 247
Loading and unloading. Do not load or unload where there are yellow markings on the kerb and upright signs advise restrictions are in place (see ‘Road markings’). This may be permitted where parking is otherwise restricted. On red routes, specially marked and signed bays indicate where and when loading and unloading is permitted."
Basically, its pretty much legal, you will need to think of the turning circle of the lorry, reversing into the driveway, pulling out of the driveway, turning around, safety of reversing out on to a NSL single track road with no visibility.
"Rule 246
Goods vehicles. Vehicles with a maximum laden weight of over 7.5 tonnes (including any trailer) MUST NOT be parked on a verge, pavement or any land situated between carriageways, without police permission. The only exception is when parking is essential for loading and unloading, in which case the vehicle MUST NOT be left unattended.
Law RTA 1988 sect 19
Rule 247
Loading and unloading. Do not load or unload where there are yellow markings on the kerb and upright signs advise restrictions are in place (see ‘Road markings’). This may be permitted where parking is otherwise restricted. On red routes, specially marked and signed bays indicate where and when loading and unloading is permitted."
Basically, its pretty much legal, you will need to think of the turning circle of the lorry, reversing into the driveway, pulling out of the driveway, turning around, safety of reversing out on to a NSL single track road with no visibility.
Grommit said:
Ok guys thanks for the replies. As no-one has mentioned a valid LEGAL excuse, I think it safe to assume that what they were doing was illegal, and there is no "20 minute" clause.
Just to clarify the road is a B road and is the main road through a small village, it would most certainly be needed for access by the emergency services.
As mentioned he also has a yard adjacent to the house which he uses for lorry access, so he did have an alternative.
I would also add my house is also on a narrow lane & requires bulk gas deliveries & septic tank emptying. The entrance & drive has been built to allow the tankers access.
I think you are looking at it the wrong way round. Laws generally define behaviours or actions that are illegal, rather than legal, so you would have to find a law that shows it is illegal for a vehicle to block or impede traffic while unloading. So far nobody has mentioned one.Just to clarify the road is a B road and is the main road through a small village, it would most certainly be needed for access by the emergency services.
As mentioned he also has a yard adjacent to the house which he uses for lorry access, so he did have an alternative.
I would also add my house is also on a narrow lane & requires bulk gas deliveries & septic tank emptying. The entrance & drive has been built to allow the tankers access.
boyse7en said:
Grommit said:
Ok guys thanks for the replies. As no-one has mentioned a valid LEGAL excuse, I think it safe to assume that what they were doing was illegal, and there is no "20 minute" clause.
Just to clarify the road is a B road and is the main road through a small village, it would most certainly be needed for access by the emergency services.
As mentioned he also has a yard adjacent to the house which he uses for lorry access, so he did have an alternative.
I would also add my house is also on a narrow lane & requires bulk gas deliveries & septic tank emptying. The entrance & drive has been built to allow the tankers access.
I think you are looking at it the wrong way round. Laws generally define behaviours or actions that are illegal, rather than legal, so you would have to find a law that shows it is illegal for a vehicle to block or impede traffic while unloading. So far nobody has mentioned one.Just to clarify the road is a B road and is the main road through a small village, it would most certainly be needed for access by the emergency services.
As mentioned he also has a yard adjacent to the house which he uses for lorry access, so he did have an alternative.
I would also add my house is also on a narrow lane & requires bulk gas deliveries & septic tank emptying. The entrance & drive has been built to allow the tankers access.
Grommit said:
Pits, yes but that only refers to parking where you normally wouldn't be allowed, not to closing the road to traffic.
It's got nothing to do with parking. You can do it just by standing on the pavement. There is no lawful authority here. That's to cover orders and various statutory powers. Reasonable excuse would be an objective test- based on the necessity and the proportionality. One car in a minor road held up for 20 minutes to deliver oil, there being no alternative, might be reasonable. Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff