Is it illegal to park on the pavement?

[samuel23]

I'm posting this in MOTORING as well, coz I'm not sure which section to put it in.
Our local paper says that it's only illegal to park on the pavement if the vehicle is 'causing an obstruction, or forcing pedestrians to walk in the road' ~ Now, I thought to myself, surely any vehicle parked on the pavement is causing an obstruction, yet I was going along the A20 into London yesterday (around the Eltham area) there were actually signs / lines etc for vehicles to park half on the path and half on the road. Does anyone know what the legalities of this are? Is it down to individual councils, is it governed by the highway code or are there by-laws that allow it?
Thanks in advance

[Grunty]

It is illegal to cause an unnecessary obstruction. Unnecessary has been held to include 'unreasonable'. You must therefore not park on the pavement if it obstructs the lawful use of it by pedestrians, who may be acccompanied by wheelchairs etc. Under the Highway Act 1835, it is also illegal to drive on the pavement, except to cross it to gain access to premises. Some councils have, wrongly in my view, marked out parking places as you describe because it is cheaper than rebuilding the pavement narrower to provide more space on the road. This has probably been covered by a bylaw, but I don't suppose it is particuarly convenient to blind people, or any other pedestrians for that matter. It would be interesting to know the actual legal process, and whether an Act of Parliament has been repealed by a bylaw.

[Ethel]

As far as I am aware the Road Traffic Act has one offence for parking on footpaths or verges and that applies only to HGVs.

Some councils have by-laws expressly forbidding it, others encourage it.

The Highway Code is just that - a code of conduct. It is not legally enforcable in itself, although of course a lot of what it states does come under the various Acts.

Any driver can be fined for causing unnecessary or wilful obstruction, and this is the penalty motorists can face for parking on the footpath or verge.

[Ethel]

I have just found this, which seems informative:

http://www.dft.gov.uk/stellent/groups/dft_road s/documents/page/dft_roads_504743.hcsp

[samuel23]

Thanks for your answers ~ that is an interesting and informative link Ethel thanks.

[Buenchico]

Where there are signs indicating that parking is permitted on the pavement, this is because the local council have designated that part of the pavement be regarded as part of carriageway when vehicles are parked on it. Otherwise, it's illegal to park on the pavement in an urban area.

There's a full list of all the codes used, by parking wardens, for parking contraventions, here:
http://www.parking-appeals.gov.uk/accessible/R egAndLeg/PCNConCodes.asp
If you park on the pavement (other than in an approved zone), your parking ticket will show contravention code 62. (There's usually a suffix added to that code. e.g. 62/2 indicates that two wheels were on the footpath).

Chris

[daviegg]

Under the highways Act 1980 section 137 part one and two, page 120 and 121 obstruction of highways and Streets,

If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to affine not exceeding £50. A constable may arrest without warrant any person whom he sees committing an offence against this section.

There is also an endorsable offence MS10 Leaving a vehicle in a dangerous position. I guess although this is a grey area it could be argued that obstructing the footpath for pedestrians (that is who foot paths are for after all) is indeed - Leaving a vehicle in a dangerous position. Especially when you consider (and you should consider) blind people, wheel chair users and children in baby carriages who are often "forced" onto the roads by inconsiderate parking.

[TheOneUK]

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

UK Road Traffic Act 1988 Section 34

[TheOneUK]

Prohibition 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. ( RTA 1988 section34 )

If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon;. every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding [F3level 2 on the standard scale], over and above the damages occasioned thereby
( Highway Act 1835 section 72 )

[Callum]

Do NOT take Ethel's answer am afraid she does not understand ether the Highway Code or the law!!..... Many of the rules in the Highway Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence.........NOW Under the " ROAD TRAFFIC ACT 1988" (as amended) Part 1 Section 19:~
Prohibition of parking of HGVs on verges, central reservations and footways.
(1)Subject to subsection (2) below, a person who parks a heavy commercial vehicle (asdefined in section 20 of this Act) wholly or partly—
(a)
on the verge of a road, or
(b)
on any land situated between two carriageways and which is not a footway, or
(c)
on a footway,
is guilty of an offence.

Section 19A Prohibition of parking of vehicles on verges, central reservations and footways.
In short is against the law to park your vehicle on a footpath, verge, green area (park/childrens play area)or central reservations .....Hope this answers your question and corrects Ethel's answer and her understanding of the Highway Code !?

[Callum]

Just to futher define the answer about the Highway Code Under the Road traffic Act 1988 .........Section 38 (7): A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the M1Public Passenger Vehicles Act 1981 or sections 18 to 23 of the M2Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings. In simple terms Failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted. The Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’. Any acts that you may be in breach of will be noted in the margins of the code

[Callum]

The road traffic act Part 4 sec 32 Power of local authorities to provide parking places.
(1)
Where for the purpose of relieving or preventing congestion of traffic it appears to alocal authority to be necessary to provide within their area suitable parking places forvehicles, the local authority, subject to Parts I to III of Schedule 9 to this Act—
(a)
may provide off-street parking places (whether above or below ground andwhether or not consisting of or including buildings) together with means ofentrance to and egress from them,(b)
may by order authorise the use as a parking place of any part of a road withintheir area, not being a road the whole or part of the width of which is withinGreater London. Also Local by-laws can alow or make some areas on pavement/footpaths availabe for parking of two wheels if the carrageway is narrow there also is provision in the highways act Thers also another part (PART I
GENERAL PROVISIONS FOR TRAFFIC REGULATION sec 9: Experimental traffic schemes.....Experimental traffic orders) where the local transport/traffic department can use in regards parking or other mesures. That I hope answered your main question?

[Rashmika]

From the Highway Code:

244

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

...where "MUST NOT" is a legal requirement and "SHOULD NOT" is advisory. So it is illegal to park on the pavement in Lodon, but you are asked nicely not to do so elsewhere. There is one exception! The Exeter City Act (1987) has also made it illegal to park on the pavement.

I don't know why some people are saying the Highway Code has no legal basis. It does if it says "MUST". As in, you MUST stop at a Stop sign or you're guilty of an offence.

Please also see this website which supports the above:

http://www.confused.c...atch-out-for-new-laws

Also, a quote from the DfT website:

“in some narrow residential roads with a lack of off-street parking provision, drivers have little option but to park on the pavement to avoid causing traffic hazards… The Government has no plans at present to introduce new legislation specifically aimed at banning pavement parking on a national scale“.

[sweetas]

I just wanted to explain to those of you that seem to have misunderstood the legislation. Easy thing to do so don't beat yourself up about it.....but please make sure you know the facts because otherwise you can get yourself...and others into trouble!!

It is only illegal for HGV`s to park on the pavement....unless they are loading/unloading and then it is like double yellows where they have up to a certain time (normally decided by the discretion of the traffic wardens/police).

As for a normal vehicle like a family car....its fine as long as you are not causing an obstruction and as long as there are NO signs in place to say you cannot.
An obstruction is classed as not physically being able to pass the vehicle on the pavement. IDEALLY this means you would need the width of a buggy/wheelchair.

However all of this is up to the police/traffic wardens to decide whether or not they want to write up a ticket and stand up in court if someone challenges it.

So in short, its a myth that you cannot park on pavements, just make sure you are considerate and leave enough room for people to get past.

[veep]

sweetas is not sure.
pls give the highway code proof or where legally you got your info. Thus, one can use to fight those pcn : contravention code 62