Car repairs on public highway

[Enforcer]

Is there any legislation about fixing/repairing cars (as a business) on a normal urban residential road (London)? We've a local who is running a car repair service and sometimes has up to six cars parked in the road waiting repair.

[Pinotage]

I'd guess they are breaking planning regulations by running a business from their home. Have a word with your local council or councillor. Mightbe betterto speak to a councillor because they can raise ith with the council without your nemae being entioned. Get the councillors name from oneof the political leaflets, like Liberals Focu sor check the council website.

[sddsddean]

If he is causing an obstuction or nuisance, he can be had for illegal parking (even if there are no yellow lines etc). You have no right to park anywhere. However, getting any help out of the Police will be nigh on impossible unles you happen to know one of the local constabulary. Might be worth having a word with your Trading Standards officer (in phone book under your local council).

[kempie]

...or you could locate your local TSO using their website

http://www.tradingstandards.gov.uk/

[noxlumos]

I'm assuming this guy is getting up your nose, but instead of trying to bring the wrath of God down on his head why not have a reasonable word with him, after all he's probably just trying to earn a living. Explain to him whatever your concerns are and maybe he'll see that it's annoying and not really viable and get premises. He may not be breaking any law anyway, it's not illegal to run a business from home as long as the coucil are aware of it, hence you see taxi drivers with cars parked all over their gardens etc.

[gary baldy]

He is breaking lots of rules and lots of different people would probably like to have a chat with him.
Highways, Environmental Health, the tax man, the council tax people, the Fire Brigade, traffic division, maybe even the Ministry of Transport. As every on else has said your local councillor is best conduit for this - if they dont do anything start contacting all the people i have mentioned above individually.

[tigga]

As noxlumos says, the guy is just trying to earn a living and make a good life for himself, give him a break !. Before i left home my family had four cars outside and that was no big deal, if a few cars is your biggest worry in life - you are quite lucky !.

[gary baldy]

I disagree. We have regualtions governing these things for good reason.
This fella isnt making fairy cakes in his kitchen. He could be using potentially dangerous chemicals and substances, there could be dangerous , unroadworthy vehicles driving around outside Enforcer's house. He is undoubtably breaking some sort of Highway law (obstruction, crossing a pavement etc).
Is he running this as a legitimate business? is he paying all his income tax, ni contributions, vat etc? His he paying business rates on the property? Are these cars parked legally and are they taxed, mot-ed and insured?
Do you want me to go on?
He may be 'just trying to earn a living' but so are bank robbers and drug dealers.

[noxlumos]

Well doubtless when the whingers and moaners stop him being a mechanic and starting his own business he might become one eh Gary?

Most people trade from home before they buy their first premises, it's no big deal. I did it and had I not I would have had no option but to sign on as I couldn't get a job.I now own three garages and a property developement business amongst other things, but I'd have had so and so all had I not traded from home and got some money behind me. Maybe this guy is in the same situation.

I think the polite thing to do would be at least go and have a chat with him and explain your not happy not try and get him into as much trouble as possible, that's just nasty.

[xrayspecs]

There are some businesses you just cant run "from home" and with good reason. If he was painting little pot cottages in his front room nobody would care, but he's running a vehicle repair business in the street!! What does he do with waste oil for example. I suspect he doesn't pay to have it removed. It'll go down the drain most likely, same with used batteries - where does he store these. The noise, the mess. the disruption in a residential street. Get real noxlumos!

[alijangra]

I agree with noxlumos, if its simply the presence of the cars that is worrying you I would have a word first. But if, as xrayspecs suggests, he is dumping car batteries and oil all over the place (although you mention nothing of that in your post!) then get straight on to the authorities.

[noxlumos]

I have no idea what he does with the oil Xrayspecs I develope property and sell cars I'm not a bloody psychic. As for "getting real" this "horror story" of people repairing cars at home goes on all over the country, always has and always will.As Tigga says if that's your greatest problem in life then you're a very lucky man. just live and let live can't you all?

[Electrochem]

Unless the law has changed it is illegal to carry out car repairs etc in the street, either as an individual or a business.

I have seen people carry out oil changes in the street and let the waste oil run into a drain.

Your local Police Station will inform you of the situation.

[xrayspecs]

The man clearly has no consideration for his neighbours. The question about oil was retorical noxlumos, mentioned to create discussion rather than requiring a direct answer. However if he had been the gentle thoughtful neighbour who just needs to be able to make a living, that you feel he is, you'd have thought he would have canvassed his neighbours opinions before he filled all the available parking spaces with scrap metal. If he's that desperate to make a living then he'd rent premises and turn it into a proper business.

Do you have a premises from which you sell cars noxlumos, or do you sell them from the comfort of your own driveway?

[Electrochem]

It is quite obvious that carrying out emergency repairs like changing a tyre etc would be acceptable. What the law is there for is to stop people carrying out servicing etc.

As an aside, it is an offence to park a vehicle on the public highway unless it is parked in place set aside for parking. Ask anyone who works for highways and they will tell you the same.

As with most laws, common sense is needed. I have someone who lives near me who carries out all sorts of vehicle repairs in the street and it makes the place look like a scrapyard at times. I therefore sympathise with Enforcer. That said, I think the way to approach it is to speak to the person concerned and point out your grievances.

[Mortartube]

As far as I'm aware, it is illegal to carry out major servicing work etc in the street. For instance, if you change your brake pads in the street, the car is unroadworthy whilst the pads are out of the vehicle (i.e it has defective brakes as far as the law sees it), and therefore it is not fit to be on the road and therefore breaks the law. This is how it was explained to me some years ago.

[stanleyman]

My parents lived next door to an obnoxious scrote who spent all day and evening using a sledge hammer on his banger racer or reving up his mates cars that he was repairing in the road to a background of loud music and constant swearing and shouting.

The place looked a tip with scrap metal in the front garden, oil every where and his eyesore trailer blocking the road. My mother was not well and the stress of all this every day finished her off at aged 62. I can understand the problems.

If someone is repairing their own car or running a business on their own property there is no problem and you live and let live until the noise and mess forces you to complain to Enviromental Health, the Planning Enforcement Officer and the Highways Department.

You have no right to park or repair a car on a public road. This can be a trespass against the Crown who own the land under the roads, you can be moved on by the council the same way as unauthorised burger vans. A right of way is all you legally have.

Running a substantial business like car repairs from home or a road requires planning permission for a change of use which is very unlikely to be granted. If he is charging sensible rates then he should be able to afford proper premises by now, the council often have lists of cheap vacant premises to rent.

[theren_911]

Stanleyman - what are you ranting on about? If the cars are taxed and not a danger to the public they can be parked ANYWHERE on the public highway, except in the case of restrictions.

It is legal to repair cars on the highway (even as a business), but not to leave any mess such as oil, scrap etc. Thats flytipping.

[gary baldy]

Sorry theren - you are wrong - this is just one example (from a council website) of the legislation regarding this:

Parking on the highway, however wide, is an obstruction, even if there are no waiting restrictions and no yellow lines and anyone causing an obstruction can be subject to the appropriate penalties for that specific offence. In reality, such are the demands of modern life that on street parking on most roads is condoned where the degree of obstruction is relatively small.

Despite what most people think parking on the road is overlooked but not strictly legal.

[stanleyman]

Theren. Can you direct me to the legislation confirming these claimed rights on the road in your statement or are you a believer in myths?

I repeat again, under section 137 of The Highways act 1980 you only have a right of way on any highway, no more, parking, which is an obstruction to free passage and any other activity is just tolerated although some activity might be considered incidental to your use of the highway like repairing a broken down car but not general servicing and repairs.

http://www.tameside.gov.uk/tmbc5/trafficcalming/parking. htm

Have you also not heard of planning regulations in regard to businesses?