Dropped curbs

[cassa333]

Hi,

I was reading another post on someone putting cones outside there gate and wondered about dropped curbs.

If you had a dropped curb no one is supposed to park in front of it or block it. If you parked your own car across it and a traffic warden came along would you get a ticket? or indeed would anyone that blocked it get a ticket?

Thanks

[R1Geezer]

no and it's not illegal to park by a drop kerb per se. It's just a convention of common courtesy.

[cassa333]

If that were the case then why can someone I know call the police out and get them to move a car blocking their driveway?

[kempie]

If the car is causing an obstruction, whether it be parked across a dropped kerb or not, it then can be an offence under various pieces of legislation e.g. Section 137 Highways Act 1980 (wilful obstruction of the highway) or Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 (causing or permitting a vehicle to stand on a road so as to cause an unnecessary obstruction).

Civil enforcement also exists for those vehicles which contravene the provisions of Section 86 Traffic Management Act 2004 applicable to England and Wales...

http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Primary&PageNumber=6&NavFrom=2&parentA ctiveTextDocId=1606563&activetextdocid=1606675

Enforcement action (such as a Penalty Charge Notice) for vehicles parked across a single occupancy driveway of residential premises can only be instigated at the request of the occupier of the premises, therefore unless you direct an Enforcement Officer to ticket your own car (!) it will not be ticketed.

[Ethel]

Parking across a dropped kerb is not an offence in itself.

However, 'wilful obstruction' and 'deliberate obstruction' are both offences and if the householder has called the police because he can't get off his drive, the police will act.
There must be a complaint first though.

[~Wingnut~]

Just out of curiosity, what if the drive was empty but was blocked by a parked car on the street so someone couldn't get on to their drive? Is it still an offence as the car isn't blocked in?

[Nosha123]

Ethel - Can I say you are a very knowledgeable contributor!!!!

[Ethel]

Yes, wingnut, if in London or if the relevant Act has been enacted by local authorities.

It never used to be the case, but is now covered by s.86 of the Traffic Management Act 2004


86 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.

[~Wingnut~]

Thanx Ethel thats good to know :o)

Sorry to hijack your thread cassa!

[Daisho]

I got fined �30 for 'Unecessary Obstruction' whilst visiting a friend in a quiet little town. Apparently my back bumper was about a foot in obstructing a dropped kerb. To be quite honest I didn't even notice the kerb as it didn't go anywhere because the property was fenced off. No yellow lines or signs either. It wasn't a traffic warden who did me, it was a copper in a patrol car who apparently sat on his arse for thirty minutes watching before running out and slapping a ticket on the windscreen. I am rather bitter about it all.