Parking & Drop down Kerbs

[DonBurgio]

Firstly, is it actually illegal to park in front of somebody's acess to a parking space that is accessed by a drop down kerb that does not currently have a car parked in it -thus stopping them leaving?

Secondly, does it matter if the parking space is not actually useable and they wanted to keep the drop down kerb area reserved for their use as they can't park in the space as it to small for their car - thus using this whole access to the space as a diversion? Does this change anything if the actual driveway/parking space is not useable?

Finally, can the Police do anything if you decide not to move your car after they try gentlely to persuade you to? Section 217 of the highway code says "Do Not" park infront of drop down kerbs etc. but interestingly it is not a "You Must Not" which is a criminal offence/fineable etc. etc.

[Catso]

I'm surprised you have no answers yet!

It isn't illegal to park as you describe, providing there are no parking restrictions in force BUT by doing so you are causing an obstruction to their entry, and that is an offence. Whether they are in or out, at some point they may wish to be the opposite, and you'd be obstructing access in or out. Of course, if you moved when requested, apart from causing them annoyance, I doubt much more would become of the matter.

Secondly: no. For example, they may have a visitor arrive, whose car WOULD fit the space.

Thirdly: I don't know. I suspect, yes, if the Police were called, and if you were deliberately obstructive (in two senses!), you'd be charged.

[Ethel]

There are two possible offences - unnecessary obstruction and wilful obstruction.

Both carry penalties of up to �1000.

Road Vehicles (Construction and Use) Regulations 1986, reg 103 and s42, Road Traffic Act 1988 and s137 Highways Act 1980

If the driveway is truly not useable by a vehicle, there can be no obstruction. This would have to include motorcycles of course.

[heathfield]

Note that the Highway Code isn't actually law, it's more of a guide that everyone's supposed to follow. If you don't follow it, the police may act against you on something that is law. And the courts always take a dim view of people who haven't followed the Highway Code.

[CSG2306]

Hi Don,

You might find an answer here.

http://www.theanswerbank.co.uk/Motoring/Questi on309343.html

Regards

[Honest_John]

This is what the Department Of Transport have to say about London environs. Not sure about other areas:

Parking alongside dropped kerbs is prohibited in London under the provisions of Section 14 of the London Local Authorities and Transport for London Act 2003.

Part 6 of the Traffic Management Act 2004 when enacted will repeal section 14 and give all local authorities in England with civil parking enforcement powers the ability to take action when a vehcile is parked alongside a dropped kerb in a Special Enforcement Area (that is, an area where parking is, in all other instances, permitted). The regulations underpinning Part 6 of this Act are due to come into force early in 2008.

Action to regulate and enforce pavement parking or parking alongside dropped kerbs is strictly a matter for the relevant local authority. The Department for Transport cannot intervene.

*The term pavement refers to all areas otherwise known as the footway, footpath or verge but does not refer to the road surface.