Dropped kerb

tiff

If someone has a dropped kerb, driveway (albeit narrow) and a garage but they dont use the drive or garage, should they be protected by the parking law that makes it an offence to park across a dropped kerb?

Today I had to park across the neighbours drive, they used to tell me it was ok, before we challenged the deck they had built that was more than 3ft off the ground without planning permission. When I went out to move the car, a printed notice inside a plastic envelope was placed under the wipers advising that its illegal to park across a dropped kerb. This page must have been printed from our councils website as I found it there.

I wont be parking there in future, but is it right they they can enforce this law even though they park on the road themselves?

Imp

tiff wrote: »

If someone has a dropped kerb, driveway (albeit narrow) and a garage but they dont use the drive or garage, should they be protected by the parking law that makes it an offence to park across a dropped kerb?

Yes........

G_M

'They' cannot enforce the law, only the police or traffic warden (or current equivelant) can enforce.

A dropped kerb is like a yellow line - nothing to do with the house it is outside, just another bit of road legislation. Whether the house owners use the drive or not, it is illegal to park across a dropped kerb.

tiff

Well I suppose we too can have a dropped kerb which will solve the problem for us but cause one for someone else.

tbs624

tiff wrote: »

If someone has a dropped kerb, driveway (albeit narrow) and a garage but they dont use the drive or garage, should they be protected by the parking law that makes it an offence to park across a dropped kerb?

Yes. There are general rules on obstruction and there may be regs and by-laws specific to your area.

tiff wrote: »

Today I had to park across the neighbours drive, they used to tell me it was ok,

See exclusion below

See the Traffic Management Order 2004

s86 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.

There are also specifics on "Obstruction of the Highway" under the Highways Act 1980 plus the Road Vehicles (Construction And Use) Regulations 1986, Reg 103

Visit from plod or council chappie/chappess likely.

G_M

Hey fascinating tbs624! So if they get consent of the occupiers, it's oK.

Not that it sounds likely in this case....

tbs624

G_M wrote: »

Hey fascinating tbs624! So if they get consent of the occupiers, it's oK.

Under that one ...but you know how it is - a man/woman with book of shiny new tickets in hand *will* find a reason to slap one on your vehicle;)

blackshirtuk

but actually police /traffic warden will not do anything except maybe a parking ticket,

scrummy-mummy

We have a dropped kerb and i mostly have to park on the road because people often block my drive. If my car is on the drive, the police have powers to remove the offending vehicle. Otherwise, i can only ask the council to issue a parking ticket. Both are very annoying and inconvenient when i have two young children and we live on a busy road.

There are often two sides to every story

tiff

But they are my next door neighbours, I KNOW that they have never used the drive. They park on the street in the daytime when the road is empty but theyve put this note on my car because obviously they are using the law to their advantage.

savemoney

We have a dropped kerb, small driveway and garage dont use driveway much as its steep and also I make it hard for my disabled daughter to get up the driveway due to steepness mainly on one side the side nearest the front door and the amount of space left so I nearly always park on road accept when I clean car or occasionally off loading/loading

I do get odd person using kerb but they know me and I dont mind one bit as I know they dont park permanently any way

The dropped kerb is good because during morning and late afternoon its always space so taxi can drop my daughter off close to the door