Pavement obstruction law
Discussion
Following on from the new car parking laws (well slightly) it occured to me the mayhem that is being caused to pavements by the new wheelie bins and recycling boxes.
If parking your car half on the pavement is illegal, what is the situation on the hundreds of wheelie bins and recycling boxes you see everyday left haphazardly on our pavements and blown into roads etc.
Generally they are put out the night before, and in numerous cases, are left out for days at a time. I think they are a wretched eyesore as well BTW.
Where I live (Southport) the used to have a ban on sandwich boards plaaced on pavements, but that has now gone completely the other way to such a degree that is somewhat laborious to walk down Lord Street, the main drag, due to pavement cafe areas and sandwich boards pointing to various shops.
Whats the legal position on all of this, particularly bins.
If parking your car half on the pavement is illegal, what is the situation on the hundreds of wheelie bins and recycling boxes you see everyday left haphazardly on our pavements and blown into roads etc.
Generally they are put out the night before, and in numerous cases, are left out for days at a time. I think they are a wretched eyesore as well BTW.
Where I live (Southport) the used to have a ban on sandwich boards plaaced on pavements, but that has now gone completely the other way to such a degree that is somewhat laborious to walk down Lord Street, the main drag, due to pavement cafe areas and sandwich boards pointing to various shops.
Whats the legal position on all of this, particularly bins.
Section 137 of the Highways Act 1980 makes it an offence to obstruct a highway without lawful authority. The footway is part of a highway.
BUT
171. (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, RUBBISH OR OTHER THINGS in the street or make a temporary excavation in it.
?
dvd
BUT
171. (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, RUBBISH OR OTHER THINGS in the street or make a temporary excavation in it.
?
dvd
As a follow-on to the above. A nearby neighbour parks his van close to a junction and almost completely on the pavement with only the offside wheels on the road. He is not on the double yellow lines around the corner of the junction but, being a van, does block the view of drivers joining the main road from the side road. As it is a fairly wide pavement pedestrians can just walk through the gap between the van and the garden wall of his house. I have twice attempted to point out to him that his van is causing
problems for drivers and pedestrians when parked in that position but he just told me to "F*** off and mind your own business. You walked past the van so what's the problem?". It would be a problem for a mum with a push-chair or holding the hands of young kids and it does obstruct drivers' view at the junction. If I report it are the police likely to take any action? The van is there every evening and most of the weekends. The house has no garage but he could park down a little used lane 50 yards or so away.
problems for drivers and pedestrians when parked in that position but he just told me to "F*** off and mind your own business. You walked past the van so what's the problem?". It would be a problem for a mum with a push-chair or holding the hands of young kids and it does obstruct drivers' view at the junction. If I report it are the police likely to take any action? The van is there every evening and most of the weekends. The house has no garage but he could park down a little used lane 50 yards or so away.
andygo said:
Where I live (Southport) the used to have a ban on sandwich boards plaaced on pavements, but that has now gone completely the other way to such a degree that is somewhat laborious to walk down Lord Street, the main drag, due to pavement cafe areas and sandwich boards pointing to various shops.
Whats the legal position on all of this, particularly bins.
Where I live, the local council banned all sandwich boards for exactly that reason. Good move IMO.Whats the legal position on all of this, particularly bins.
Hi 
Where my shop is there is a 12 ft wide pavement.....we own 9 ft of that and the council owns the remaining 3 ft nearest the kerb, where they very cleverly put some anti jaywalking railings....
My customers park on MY 9 ft of the pavement and around once a week or so we get a traffic warden trying to ticket a customers car...
I then go out to tell them they cannot and they always argue and say they can, then I promptly bring out the plans/lease and show them, and then they say ...oh.....
I then say....NOW GET OFF MY LAND
The last bit is Huge fun
Makes me feel good all day lol
The point of this is that it depends who OWNS the pavement....usually the bit nearest the kerb is council but further in nearer shops its ususally owned by the shop/office owner so enforcing no sandwich boards / cars on pavements becomes tricky....
All the best Brett
Where my shop is there is a 12 ft wide pavement.....we own 9 ft of that and the council owns the remaining 3 ft nearest the kerb, where they very cleverly put some anti jaywalking railings....
My customers park on MY 9 ft of the pavement and around once a week or so we get a traffic warden trying to ticket a customers car...
I then go out to tell them they cannot and they always argue and say they can, then I promptly bring out the plans/lease and show them, and then they say ...oh.....
I then say....NOW GET OFF MY LAND
The last bit is Huge fun
Makes me feel good all day lol
The point of this is that it depends who OWNS the pavement....usually the bit nearest the kerb is council but further in nearer shops its ususally owned by the shop/office owner so enforcing no sandwich boards / cars on pavements becomes tricky....
All the best Brett
Edited by Brett928S2 on Tuesday 15th January 17:27
Mg6b said:
Obstruction of foot paths is an offence.
That's what I thought, but in a recent thread concerning scamera vans this was said...vonhosen said:
ypauly said:
herewego said:
ypauly said:
well on the ast occasion the van was accross a footpath
which i belive is illegal
Outside of London it's only a illegal if the path is completely blocked.which i belive is illegal
Outside of London it is not a specific offence to park on the footway unless signage specifically prohibits it.
Dwight VanDriver said:
Section 137 of the Highways Act 1980 makes it an offence to obstruct a highway without lawful authority. The footway is part of a highway.
BUT
171. (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, RUBBISH OR OTHER THINGS in the street or make a temporary excavation in it.
?
dvd
I didn't know that. Now where did I put my JCB? - StreakyBUT
171. (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, RUBBISH OR OTHER THINGS in the street or make a temporary excavation in it.
?
dvd
streaky said:
Dwight VanDriver said:
Section 137 of the Highways Act 1980 makes it an offence to obstruct a highway without lawful authority. The footway is part of a highway.
BUT
171. (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, RUBBISH OR OTHER THINGS in the street or make a temporary excavation in it.
?
dvd
I didn't know that. Now where did I put my JCB? - StreakyBUT
171. (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, RUBBISH OR OTHER THINGS in the street or make a temporary excavation in it.
?
dvd
deeps said:
So does von mean it's not an offence for scamera vans but it is for everyone else, or it's not an offence full stop?
The pavement or footpath is part of the highway[i]If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage of the highway, he commits an offence, (section 137 Highways Act 1980). "Highway" means the whole or part of a highway, other than a ferry or waterway, (section 328(1)) and where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken as to be part of the highway, (section 328(2)).
It is an offence to wilfully cause an obstruction in any public footpath or public thoroughfare, (section 28 Town Police Clauses Act 1828).
No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road (Regulation 103, Road Vehicles (Construction and Use) Regulations 1986).[/i]
Wilful obstruction will see you swifted away (arrested) under PACE or SOCAP!
Edited by Mg6b on Tuesday 15th January 19:16
Brett928S2 said:
Hi
Where my shop is there is a 12 ft wide pavement.....we own 9 ft of that and the council owns the remaining 3 ft nearest the kerb, where they very cleverly put some anti jaywalking railings....
My customers park on MY 9 ft of the pavement and around once a week or so we get a traffic warden trying to ticket a customers car...
I then go out to tell them they cannot and they always argue and say they can, then I promptly bring out the plans/lease and show them, and then they say ...oh.....
I then say....NOW GET OFF MY LAND
The last bit is Huge fun
Makes me feel good all day lol
The point of this is that it depends who OWNS the pavement....usually the bit nearest the kerb is council but further in nearer shops its ususally owned by the shop/office owner so enforcing no sandwich boards / cars on pavements becomes tricky....
How do your customers get to the bit you own?Where my shop is there is a 12 ft wide pavement.....we own 9 ft of that and the council owns the remaining 3 ft nearest the kerb, where they very cleverly put some anti jaywalking railings....
My customers park on MY 9 ft of the pavement and around once a week or so we get a traffic warden trying to ticket a customers car...
I then go out to tell them they cannot and they always argue and say they can, then I promptly bring out the plans/lease and show them, and then they say ...oh.....
I then say....NOW GET OFF MY LAND
The last bit is Huge fun
Makes me feel good all day lol
The point of this is that it depends who OWNS the pavement....usually the bit nearest the kerb is council but further in nearer shops its ususally owned by the shop/office owner so enforcing no sandwich boards / cars on pavements becomes tricky....
deeps said:
Mg6b said:
Obstruction of foot paths is an offence.
That's what I thought, but in a recent thread concerning scamera vans this was said...vonhosen said:
ypauly said:
herewego said:
ypauly said:
well on the ast occasion the van was accross a footpath
which i belive is illegal
Outside of London it's only a illegal if the path is completely blocked.which i belive is illegal
Outside of London it is not a specific offence to park on the footway unless signage specifically prohibits it.
In some places parking on the footway is an offence even if there is no unnecessary obstruction.
In others parking on it is no offence, unless there is an unnecessary obstruction.
Where it's an offence it's an offence for anyone unless they hold an exemption in law or a dispensation from the enforcement authorities.
Edited by vonhosen on Tuesday 15th January 19:32
Deva Link said:
Brett928S2 said:
Hi
Where my shop is there is a 12 ft wide pavement.....we own 9 ft of that and the council owns the remaining 3 ft nearest the kerb, where they very cleverly put some anti jaywalking railings....
My customers park on MY 9 ft of the pavement and around once a week or so we get a traffic warden trying to ticket a customers car...
I then go out to tell them they cannot and they always argue and say they can, then I promptly bring out the plans/lease and show them, and then they say ...oh.....
I then say....NOW GET OFF MY LAND
The last bit is Huge fun
Makes me feel good all day lol
The point of this is that it depends who OWNS the pavement....usually the bit nearest the kerb is council but further in nearer shops its ususally owned by the shop/office owner so enforcing no sandwich boards / cars on pavements becomes tricky....
How do your customers get to the bit you own?Where my shop is there is a 12 ft wide pavement.....we own 9 ft of that and the council owns the remaining 3 ft nearest the kerb, where they very cleverly put some anti jaywalking railings....
My customers park on MY 9 ft of the pavement and around once a week or so we get a traffic warden trying to ticket a customers car...
I then go out to tell them they cannot and they always argue and say they can, then I promptly bring out the plans/lease and show them, and then they say ...oh.....
I then say....NOW GET OFF MY LAND
The last bit is Huge fun
Makes me feel good all day lol
The point of this is that it depends who OWNS the pavement....usually the bit nearest the kerb is council but further in nearer shops its ususally owned by the shop/office owner so enforcing no sandwich boards / cars on pavements becomes tricky....
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff