No waiting at any time - double yellows?

[jondude]

We have just been told most of my town will be going 20mph and 'no waiting at any time'. Does the latter mean parking on pavements or outside houses is banned?

Must admit when the proposal came through the letter box I was against but the truth is we do have massive issues with awful, inconsiderate parking and dangerous driving around the schools.

But this 'no waiting'...double yellows, red zone?

[vaud]

Can you post up a link - if it is public domain from the council then there might be more details?

Also your profile says New Zealand where the rules may be different to UK.

[jondude]

Thanks - should update that as I am back in the UK, in sunny Essex!

I'll try to find a link.

[Electro1980]

jondude said:

Does the latter mean parking on pavements or outside houses is banned?

The first is illegal anyway, the second will depend on where the house is. If the road outside has this in force then, yes.

[vaud]

Electro1980 said:

The first is illegal anyway, the second will depend on where the house is. If the road outside has this in force then, yes.

Parking on the pavement depends if you are London or not:

https://www.rac.co.uk/drive/advice/legal/parking-o...

[carl_w]

I should imagine they will implement residents' parking zones then. Which are, in my experience, a massive PITA.

[J__Wood]

vaud said:

Parking on the pavement depends if you are London or not:

https://www.rac.co.uk/drive/advice/legal/parking-o...

But as driving on the footway/pavement is illegal (1885 HA and RTA 1988 S34 - no matter how short the distance or how short the time, except to access your propetry using the shortest possible route...), so pretty difficult to legally get on on the pavement to park?

Edited by J__Wood on Thursday 21st July 09:24

[oyster]

J__Wood said:

vaud said:

Parking on the pavement depends if you are London or not:

https://www.rac.co.uk/drive/advice/legal/parking-o...

But as driving on the footway/pavement is illegal (185 HA and RTA 1988 S34 - no matter how short the distance and no sort the time), so pretty difficult to legally get on on the pavement to park?

So on those roads where pavement parking is allowed (by signs), how does one get on the pavement legally?

[Drumroll]

J__Wood said:

But as driving on the footway/pavement is illegal (1885 HA and RTA 1988 S34 - no matter how short the distance or how short the time, except to access your propetry using the shortest possible route...), so pretty difficult to legally get on on the pavement to park?

Edited by J__Wood on Thursday 21st July 09:24

Around me, the only way to park without blocking a road is to use the pavement (think old mill towns with terraced houses that were built before the car was thought of.) no issues from the police or the council (who in most areas are now legally responsible for all parking violations)

Also, many of us drive on pavements when we leave our houses. So your quote is not really relevant as it is clear what the intention of the law was.

[4rephill]

Drumroll said:

J__Wood said:

But as driving on the footway/pavement is illegal (1885 HA and RTA 1988 S34 - no matter how short the distance or how short the time, except to access your propetry using the shortest possible route...), so pretty difficult to legally get on on the pavement to park?

Edited by J__Wood on Thursday 21st July 09:24

Around me, the only way to park without blocking a road is to use the pavement (think old mill towns with terraced houses that were built before the car was thought of.) no issues from the police or the council (who in most areas are now legally responsible for all parking violations)

Also, many of us drive on pavements when we leave our houses. So your quote is not really relevant as it is clear what the intention of the law was.

You need to read the Law in full (From: https://www.legislation.gov.uk/ukpga/1988/52/secti... ) :


34Prohibition of driving mechanically propelled vehicles elsewhere than on roads.

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—

(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b) on any road being a footpath, bridleway or restricted byway,he is guilty of an offence.

(2)For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the M1Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless (subject to section 34A of this Act) the contrary is proved.

(3) It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(4)A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(5)It is hereby declared that nothing in this section prejudices the operation of—

(a) section 193 of the M2Law of Property Act 1925 (rights of the public over commons and waste lands), or

(b) any byelaws applying to any land,or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

(6)Subsection (2) above and section 34A of this Act do not extend to Scotland.

(7)In this section—

“definitive map and statement” has the same meaning as in Part III of the M3Wildlife and Countryside Act 1981;
“mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and
“restricted byway” means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside andRights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.]


Section (3) gives an exemption to drive across a footpath/pavement, for the purposes of parking on the land adjacent to the road.

[EW109]

Are you sure "footpath" there means one in the sense of part of the road set aside for pedestrians as opposed to a highway which is a footpath (ie, a path only lawfully useable on foot)? The general sense appears to indicate the latter meaning although I can't be bothered to look up the answer.