Parking on the Pavement.

dannyrst

Johno100 wrote: »

You aren't going to get common sense from a council if they can see a new revenue stream coming online.

My council tax hasn't been raised since I moved into my own property 3 years ago. :beer:

Nothing else has changed that has affected me either. Maybe I'm just lucky.

derrick

BykerSands wrote: »

Rule 145 is not legislation, it's is part of the Highway Code a just a guide.

The footpath is part of a road, clearly defined as such under the Road Traffic Act (Legislation).

As I have already said, the HC itself is not legislation hence why I posted the quote from the introduction of the HC in my post #7.

Rule 145,(as with a lot of others in the HC), has the relevant Act at the end of the rule!

Just in case you can't scroll back to #7 this is the HC Introduction quote:-
"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."

Rule 145 has the relvant Act at the end:- HA 1835 sect 72 & RTA 1988 sect 34

From that Act:- "[F134 Prohibition of driving mechanically propelled vehicles elsewhere than on roads.E+W

(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.


"If we use your anology that the footpath is a road, then they are guilty.

Still using your anology that the footpath is a road, try driving a motor vehicle on one in front of a traffic cop, I would love to hear your defence to him/her and the judge.

.

BykerSands

derrick wrote: »

As I have already said, the HC itself is not legislation hence why I posted the quote from the introduction of the HC in my post #7.

Rule 145,(as with a lot of others in the HC), has the relevant Act at the end of the rule!

Just in case you can't scroll back to #7 this is the HC Introduction quote:-
"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."

Rule 145 has the relvant Act at the end:-

[/B]From that Act:- "[F134 Prohibition of driving mechanically propelled vehicles elsewhere than on roads.E+W

(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.


"If we use your anology that the footpath is a road, then they are guilty.

Still using your anology that the footpath is a road, try driving a motor vehicle on one in front of a traffic cop, I would love to hear your defence to him/her and the judge.

.

It's clear you think a footpath under section 34 is the pavement at the side of a road. It's not.

derrick

BykerSands wrote: »

It's clear you think a footpath under section 34 is the pavement at the side of a road. It's not.

As said, "try driving a motor vehicle on one in front of a traffic cop, I would love to hear your defence to him/her and the judge."

.

BykerSands

derrick wrote: »

As said, "try driving a motor vehicle on one in front of a traffic cop, I would love to hear your defence to him/her and the judge."

.

Well unlike you they'd know what they're talking about. Not point in continuing this with you is there?

peter12345678910

Manxman_in_exile wrote: »

Isn’t parking on the pavement only a problem if it causes an obstruction?

When we moved to the city where we currently live we were surprised to see that everyone on our street parked with two wheels on the pavement. We asked our neighbours about the legality of this and were told that it was accepted locally as otherwise emergency vehicles couldn’t gain access, and they were right. (I should add that the streets locally are narrow and the pavements relatively wide, allowing pedestrians to pass without obstruction).

We still live in the same city, but on a different road, and although cars don’t have to park on the pavement on one side of the road, they have to park wholly on the pavement on the other side, again to allow emergency access. And we were all grateful for this a few years ago when a decorator using a blow-lamp set fire to a neighbour’s house and ended up gutting two properties. Fortunately the fire service eventually extinguished the blaze but only because they could get a fire tender along the road.

There’s also a NHS hospice/palliative care unit on our road and, so far as I know, wheelchair users have no difficulty negotiating the pavements as we often see relatives, friends and staff taking patients for a breath of fresh air.

Regarding the suggestion to park elsewhere, there is no elsewhere. It’s a relatively densely populated urban area and all the roads and streets in the vicinity have the same problems (or worse) or have parking restrictions.

This supports my counter argument, though I did not defend my post.

Their some times are no options, if you park on a wider road in front of some person s house, they may be forced to park on the pavement.

neilmcl

Manxman_in_exile wrote: »

Isn’t parking on the pavement only a problem if it causes an obstruction?

I tend to agree, if there is a law change then common sense would suggest it should concentrate on this.

BTW, it's a good idea to stick to the default font, otherwise it makes extracting and quoting specific bits of text a bit of a pain.

robbies_gal

JP08 wrote: »

In that situation, they shouldn't be parking there at all, though, should they ?



I take it nobody living in or visiting your street needs a mobility scooter or has kids in pushchairs ...

Ironic ?

no maybe we shouldnt be doing it but then again we would have to park two streets away if not

noones ever complained no police have ever toldus t move the cars