What constitutes a public road?

Cardelia

Near where I'm currently working is a residential side street. On one side of the road is a raised kerb with no painted lines - in effect, free parking all day every day. On the other side of the road is a parking bay which is wide enough for 5 cars to park side by side, each perpendicular to the road. The bay is not in front of any houses. There are no markings whatsoever - no yellow or white painted lines and no signs indicating that the bay is residents parking only.

Recently, the local residents have started complaining about non-residents who have been parking in the bays, threatening legal action by saying it's private land and it belongs to them. One of my work colleagues recently got into an argument with one of the residents - he was saying it's public land therefore he can park there and she saying it belonged to residents and he can't park there. As far as I can tell, he's right and she's wrong because there's nothing to say he can't park there.

In the end he agreed not to park in the bays so he wouldn't annoy the locals, but from a legal point of view, who's right?

Daisy_Daisy_2

depends what the residents property includes? if it includes a parking space in that bay then they are correct.
perhaps the local council would be able to help answer the question?

moonrakerz

Ask your local council if the road has been "adopted". If it has it is a public road, if not it belongs to the residents.

Tight_Git_3

There are two defenitions of a public road - one concerns insurance, and basically says that if you can drive / ride on in without impeedment (i.e. a gate) then it's public.

The second, which concerns you is as moonrakerz descibes. If the public i.e. the council or highways agency pay for it's upkeep then it is a public road. If, as is likely in this case then it is an adopted road, the locals will have to wind their necks in as they have no legal right to prevent people from parking there, and if they try to stop them, the police can take action for wilful obstruction.

The residents will have to approach the council and try to get a resident's only permit scheme for the parking bays.

We have a similar road near us to the one you described, and as the council did the alterations - well painted a few lines - it was deemed public and pretty soon it was packed with shoppers, so the residents got a permit scheme for it, after complaining to the council.

Conor_3

There are two definitions.

Definition 1 has to do with the road traffic act and defines it basically as an area where the public have unrestricted access. This is to do with motoring offences and insurance requirements.

Definition 2 is to do with ownership rights. Basically, if it's a road maintained by the authorities at no cost to the residents, it's public.

System

But in either definition, the parking bay may not be public.

Pew_Pew_Pew_Lasers!

If the parking bay doesn't follow the guidelines here:

http://web.mac.com/rmbscarb/iWeb/rmbconsulting/Making%20a%20challenge.html

then it won't be a parking bay anyway.

Cardelia

Thanks for the replies everyone.

The road in question is definitely maintained by the council. I'm going to e-mail the council and ask them anyway because I'm curious, but it looks like the residents are wrong. Thanks all.

Wig

The road might be maintained by council but the same might not apply to the parking bay. It (the parking bay) could still be maintained by the council but from within the budget gained from the ground rents of the properties, thus the parking would be private to the proerties, and not maintained at public expense but maintained by the council.

fat_freddy

from some one who knows,ask the council if there is a "traffic regulation order" in place relating to the parking area, if there are no signs, of any description, relating to parking, then you can park there, there has to be a sign saying "Resident permit holders only" or Private parking