blocking driveway

sheramber

It may the responsibility of your local authority

https://www.askthe.police.uk/content/Q440.htm

Car_54

sheramber wrote: »

It may the responsibility of your local authority

https://www.askthe.police.uk/content/Q440.htm

It says "Under CPE it's an offence to park a vehicle so that it blocks a dropped kerb driveway."


This is nonsense. CPE did not create any offences, it merely changed the way they are dealt with.

Norman_Castle

BillDee wrote: »

My point is though that other than to drive to a MOT or other test a vehicle with a SORN cannot leave the driveway legally so would the police insist that the "blocker" moves?
No crime is being committed as the SORN vehicle cannot enter the public highway except for the above.
It would surely be the same as a" blocker" blocking a vacant driveway?
The police will take no action against the blocker as no crime is being committed.
That's my take on it hence my question,
Does anyone know for sure?

Its likely the police would question why you need access for a sorned car. Unless you intend to move the car its difficult to claim access is needed.

AndyMc.....

Norman_Castle wrote: »

Its likely the police would question why you need access for a sorned car. Unless you intend to move the car its difficult to claim access is needed.

It's like the police won't check the status of the vehicle blocked in.

Nearly_Old

AndyMc..... wrote: »

Unnecessary or wilful obstruction.

Not sure about that?
Unnecessary Obstruction:
Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction. 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.


Wilful Obstruction:
If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage of the highway, he commits an offence, (section 137 Highways Act 1980).


So if the parked vehicle is not causing an obstruction to the passage of vehicles on the highway then it would appear that (strictly in accordance with the wording) then no offence has been commited as the blocked vehicle is not on the highway?

AndyMc.....

Nearly_Old wrote: »

Not sure about that?
Unnecessary Obstruction:
Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction. 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.


Wilful Obstruction:
If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage of the highway, he commits an offence, (section 137 Highways Act 1980).


So if the parked vehicle is not causing an obstruction to the passage of vehicles on the highway then it would appear that (strictly in accordance with the wording) then no offence has been commited as the blocked vehicle is not on the highway?

It's preventing passage on on the highway as in they cannot enter it.

Nearly_Old

AndyMc..... wrote: »

It's preventing passage on on the highway as in they cannot enter it.

Exactly why no offence has been commited if the parked vehicle is not "Wilfully obstructing the free passage of the highway" or "causing an unecessary obstruction to the road".



There appears to be nothing in the current statutes that refers to obstructing an access to the highway but only to free passage along the highway.The blocked in vehicle is on private land not on the highway and therefore its free passage along the highway is not being obstructed.

unforeseen

POFA 2012 Pt 3, Ch 2, Sect 54 para 1(b).? Deals with parking on private land.

unholyangel

Nearly_Old wrote: »

Exactly why no offence has been commited if the parked vehicle is not "Wilfully obstructing the free passage of the highway" or "causing an unecessary obstruction to the road".



There appears to be nothing in the current statutes that refers to obstructing an access to the highway but only to free passage along the highway.The blocked in vehicle is on private land not on the highway and therefore its free passage along the highway is not being obstructed.

The highway is not just the part cars drive on.

Nearly_Old

unholyangel wrote: »

The highway is not just the part cars drive on.

Quite and the actual boundary can be marked in numerous ways - fence, hedge, wooden posts at regular intervals, stone walls, etc. In 40 years of highway engineering I came across just about every variation in rural and urban areas.



However in this case it is highly likely that the boundary will be the back of the footway/verge and the end of the OP's drive. Therefore the OP's vehicle on the drive is not on the highway and does not have "free passage of the highway". To have free passage you need to be on the highway and not parked off the highway. The statute does not include obstructing access to the highway there could however be local bye-laws that cover this situation.