Law Question. Parking On A Dropped Kerb.
Discussion
Not a speeding/law question but a law question nonetheless.
What laws (if any) apply to parking across a dropped kerb leading to private premises?
I assume the owner has some right of access what with local authority approval being required to install one but what redress would said owner have against a driver who blocked the access?
What laws (if any) apply to parking across a dropped kerb leading to private premises?
I assume the owner has some right of access what with local authority approval being required to install one but what redress would said owner have against a driver who blocked the access?
I was always under the impression that if they parked against a dropped kerb, you could call the police, who could than arrange for it to be towed away for causing an obstruction, as it was classed as a right of access.
Doesn't work though if you have a full height kerb with a plank in the gutter to let you get in and out without bouncing up and down the kerb.
And I believe its a simple matter of requesting the council to install a dropped kerb for you, and they usually oblige.
Further to this, my g/f gets people parking outside her gates, but the whole of the length of the kerb for 5 houses (top of a cul-de-sac) is at the height of a "dropped" kerb. As it is not dropped against a higher height (if you follow me), is it still classed as a dropped kerb?
>> Edited by Alice Cupra on Monday 16th May 21:28
Doesn't work though if you have a full height kerb with a plank in the gutter to let you get in and out without bouncing up and down the kerb.
And I believe its a simple matter of requesting the council to install a dropped kerb for you, and they usually oblige.
Further to this, my g/f gets people parking outside her gates, but the whole of the length of the kerb for 5 houses (top of a cul-de-sac) is at the height of a "dropped" kerb. As it is not dropped against a higher height (if you follow me), is it still classed as a dropped kerb?
>> Edited by Alice Cupra on Monday 16th May 21:28
I suppose I should have explained.
We live adjacent to a school, on a T-junction and we have a dropped kerb.
The parents who drive the few hundred yards from home to see their children into school safely (safe, that is from the parents who drive their children a few hundred yards from home to see their children into school safely) park all over the pavements and right up to the T-junction itself despite the lines that have been painted on the roads at the corners to prevent people parking there.
They also block my drive (dropped kerb) and I caught one cheeky b@stard in a Range Rover half way up the drive because he "....was only turning round".
The inconvenience and cheek of having my drive blocked is secondary really, it's the safety aspect that worries me. These inconsiderate sods would argue that they have to park like this to collect their children yet they are the ones causing the hazard by parking all over the place at a T-junction right outside the school!
On a given day at picking up and dropping off time I can guarantee at least one near miss where children have to cross the road from between parked cars.
Having asked people to move on several occasions the responses have varied from "I was going anyway" to "Are all these children yours?" (eh?).
I've spoken to the community copper a few times but he can only show up from time to time when, coincidentally, people's manners miraculously improve.
The next stage will be a visit to the headmistress and if that fails a letter to the Chief Constable. If it came to this I thought I could throw in the obstruction aspect as a secondary thing.
We live adjacent to a school, on a T-junction and we have a dropped kerb.
The parents who drive the few hundred yards from home to see their children into school safely (safe, that is from the parents who drive their children a few hundred yards from home to see their children into school safely) park all over the pavements and right up to the T-junction itself despite the lines that have been painted on the roads at the corners to prevent people parking there.
They also block my drive (dropped kerb) and I caught one cheeky b@stard in a Range Rover half way up the drive because he "....was only turning round".
The inconvenience and cheek of having my drive blocked is secondary really, it's the safety aspect that worries me. These inconsiderate sods would argue that they have to park like this to collect their children yet they are the ones causing the hazard by parking all over the place at a T-junction right outside the school!
On a given day at picking up and dropping off time I can guarantee at least one near miss where children have to cross the road from between parked cars.
Having asked people to move on several occasions the responses have varied from "I was going anyway" to "Are all these children yours?" (eh?).
I've spoken to the community copper a few times but he can only show up from time to time when, coincidentally, people's manners miraculously improve.
The next stage will be a visit to the headmistress and if that fails a letter to the Chief Constable. If it came to this I thought I could throw in the obstruction aspect as a secondary thing.
Whilst may well qualify as an offence of obstruction (much posted in the past) then under S 86 Traffic management Act 2004 it has been made a specific offence but only in areas designed by GLCC/LA as special enforcement area:
Prohibition of parking at dropped footways etc.
(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where-
(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of-
(i) assisting pedestrians crossing the carriageway,
(ii) assisting cyclists entering or leaving the carriageway, or
(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
This is subject to the following exceptions.
(2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.
A "designated parking place" means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.
This exception does not apply in the case of a shared driveway.
(4) The third exception is where the vehicle is being used for fire brigade, ambulance or police purposes.
(5) The fourth exception is where-
(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
(c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.
(6) The fifth exception is where-
(a) the vehicle is being used in connection with any of the following-
(i) undertaking any building operation, demolition or excavation,
(ii) the collection of waste by a local authority,
(iii) removing an obstruction to traffic,
(iv) undertaking works in relation to a road, a traffic sign or road lighting, or
(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,
(b) it cannot be so used without being parked as mentioned in subsection (1), and
(c) it is so parked for no longer than is necessary.
(7) In this section "carriageway", "cycle track" and "footway" have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).
(8) References in this section to parking include waiting, but do not include stopping where-
(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or
(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.
(9) The prohibition in this section is enforceable as if imposed-
(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),
(b) elsewhere in England and Wales, by an order under section 1 of that Act.
DVD
Prohibition of parking at dropped footways etc.
(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where-
(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of-
(i) assisting pedestrians crossing the carriageway,
(ii) assisting cyclists entering or leaving the carriageway, or
(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
This is subject to the following exceptions.
(2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.
A "designated parking place" means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.
This exception does not apply in the case of a shared driveway.
(4) The third exception is where the vehicle is being used for fire brigade, ambulance or police purposes.
(5) The fourth exception is where-
(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
(c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.
(6) The fifth exception is where-
(a) the vehicle is being used in connection with any of the following-
(i) undertaking any building operation, demolition or excavation,
(ii) the collection of waste by a local authority,
(iii) removing an obstruction to traffic,
(iv) undertaking works in relation to a road, a traffic sign or road lighting, or
(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,
(b) it cannot be so used without being parked as mentioned in subsection (1), and
(c) it is so parked for no longer than is necessary.
(7) In this section "carriageway", "cycle track" and "footway" have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).
(8) References in this section to parking include waiting, but do not include stopping where-
(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or
(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.
(9) The prohibition in this section is enforceable as if imposed-
(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),
(b) elsewhere in England and Wales, by an order under section 1 of that Act.
DVD
I suggest you take pictures and send them to your local paper, along with a nicely worded letter about double-standards and ignorance.
Funny how the parents are driving their kids to school because 'its safer' (hehe), while creating a danger to the very same kids because they don't know how to park a car.
Funny how the parents are driving their kids to school because 'its safer' (hehe), while creating a danger to the very same kids because they don't know how to park a car.
Flintstone - tell the enlightened pedestrian to prepare for the assault charge 
WOuld suggest a polite letter to the head of the school, focussing on the risk to the children("Think of the kiddies
), rather than the PITA that this causes to you. I almost guarantee that he/she will already have sent out a letter asking parents nicely not to park near the school, but hey.
Failing that, collar a scumbag, sorry, Traffic Warden, and tell him there are rich pickings to be had at such and such a place...
WOuld suggest a polite letter to the head of the school, focussing on the risk to the children("Think of the kiddies
), rather than the PITA that this causes to you. I almost guarantee that he/she will already have sent out a letter asking parents nicely not to park near the school, but hey. Failing that, collar a scumbag, sorry, Traffic Warden, and tell him there are rich pickings to be had at such and such a place...
We had a lot of this sort of trouble at the school I teach at, including parking on the zig-zags because they were 'just dropping off'. We asked the local BiB to come along and they put leaflets (not tickets)on the screens of the cars that were parked 'anti-socially'! As it came from the police and not the school, things have been a lot better recently. We also took photos of offending cars and displayed them in the school office so other parents could see how stupid it was getting.
Ask the headteacher to do something similar. He/she must be fed up with complaints and it's also good PR for the school with the locals.
Ask the headteacher to do something similar. He/she must be fed up with complaints and it's also good PR for the school with the locals.
Headmistress has agreed to meet with residents, police or whoever it takes to sort things out.
The community copper used to wander by once or twice a week and things would miraculously improve. Thing is he's pretty thinly stretched so when he's not there it reverts to 'normal'.
I fancy double yellow lines plus bollards on the pavement but I bet someone will cite 'budget' as the reason it won't be done.
Maybe they'll fit one of those great cameras that catch dangerous, speeding drivers............? Oh, I forgot. They only trap the REAL villains.
The community copper used to wander by once or twice a week and things would miraculously improve. Thing is he's pretty thinly stretched so when he's not there it reverts to 'normal'.
I fancy double yellow lines plus bollards on the pavement but I bet someone will cite 'budget' as the reason it won't be done.
Maybe they'll fit one of those great cameras that catch dangerous, speeding drivers............? Oh, I forgot. They only trap the REAL villains.
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