Parking across my own drive

ferry

Just curious but is it illegal to park across your own drive when there is a pavement between drive and vehicle?

Lum

It's only illegal to block a driveway if you are obstructing someone from gaining access TO the road.

It's legal to block anybody's driveway, so long as it's empty!

Please don't obstruct the pavement though.

ferry

Lum wrote: »

It's only illegal to block a driveway if you are obstructing someone from gaining access TO the road.

It's legal to block anybody's driveway, so long as it's empty!

Please don't obstruct the pavement though.

Thanks Lum for the clarification.
Oh and no, I'd never obstruct the pavement!

Lum

Also, it's legal to block in other cars in your household since it's not really an obstruction then. But don't expect a traffic warden to automatically know you live there.

longtimelurkersam

Can anyone provide the legal proof of this and when the law changed as it never used to be. I have had my drive blocked a few times and a passing Policeman advised nothing they could do (when I first moved in and ha a huge van on the drive) so had to wait for owner to come back. In fairness this was quite a few years back BUT I regularly block people in who think that it is okay to park on MY drive (block of flats) but it is obvious that the drive leads to the rear of the property and that using it will block the access and there are signs asking people not to do it but they still ignore it!!!

Lum

It would be covered under regulation 103 of The Road Vehicles (Construction and Use) Regulations 1986

"No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road."

By blocking access to the road to the car on the driveway it counts, but not by blocking access to the driveway.

But as you have found, the police rarely care enough to do something about it.

longtimelurkersam

Mmm that is interesting and useful to know but wonder if part of the reason is that you are not actually obstructing the road you are obstructing access to it from the pirate drive and the drive is not part of the road. Either way the Police nor even the Traffic Wardens are not currently interested.

PollyOnAMission

I think the rules depend on where you live.

Since 2011 my local council has had legal power to ensure dropped crossings (including driveways) are not blocked; before this they had no legal power. Blocking such a crossing will get you a £70 fine if it is reported by the owner of the driveway (and an enforcement officer is able to attend), but you can block your own drive:

Exceptions include a vehicle parked outside a residential property with the occupier's consent (but it does apply if that consent has been paid for) or where the driveway is shared.

There is no mention of it only applying if you are blocking access TO rather than FROM the road.

This issue is the bane of my life at the moment as my neighbour has a daily visitor who regularly blocks my driveway without permission

neilmcl

longtimelurkersam wrote: »

Mmm that is interesting and useful to know but wonder if part of the reason is that you are not actually obstructing the road you are obstructing access to it from the pirate drive and the drive is not part of the road. Either way the Police nor even the Traffic Wardens are not currently interested.

It'll probably be section 137 of the Highways Act 1980 making it an offence to wilfully obstruct free passage along the highway. Clearly blocking someone from entering the road is wilful obstruction of the highway but blocking them from entering the drive is only obstruction to their private property, so not an offence.

grizzly1911

[QUOTE=PollyOnAMission;53654129

This issue is the bane of my life at the moment as my neighbour has a daily visitor who regularly blocks my driveway without permission [/QUOTE]

Have you tried mentioning it politely to your neighbour?

As for the OP I would have thought it was more an issue if you obstruct the pavement or other peoples access.

If there are yellow lines on the highway then these include pavements and verges that are adjacent/parallel/overhang to the lines.

PollyOnAMission

grizzly1911 wrote: »

Have you tried mentioning it politely to your neighbour?

As for the OP I would have thought it was more an issue if you obstruct the pavement or other peoples access.

If there are yellow lines on the highway then these include pavements and verges that are adjacent/parallel/overhang to the lines.

I've always been extremely polite but he's not the type to listen to reason, unfortunately. He thinks he has as much right to park there as anyone because the space is outside his mum's house as well as mine. I've explained the rules regarding dropped kerbs and all he's done is shout and swear in my face, reducing me to tears on two occasions. He's an extremely unpleasant character, previously been in prison and currently being chased by numerous authorities for tax avoidance amongst other things. His mum's house also got raided by the police thanks to him.I'm too scared to report his blocking my driveway, despite him challenging me to "f***ing report me then you stuck up b***h", for fear of repercussions/revenge. So I'm using it as extra motivation to save up and move house, something I'd like to do for other reasons anyway