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Old 19-03-2009, 18:26   #27
katex
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Re: Parking on Blackburn road

Mick, not sure whether will have much effect as you have not taken any photographs of the parking restriction here, however, have consulted, and may fall into one of these catergories :-

'Is that a pedestrian crossing? Usually, when there are markings on the road, the traffic regulation order runs from the centre line of the carriageway to the back of the footway. If he is on the pavement, parallel to the 'zig-zag' clearway markings present on either side of a pedestrian crossing, he is contravening the parking restriction. In the case of pedestrian crossings that is 3 points and £60 fine. It is a criminal offence to contravene this particular restriction rather than a civil one because it is intended to protect pedestrians at pedestrian crossings.

In addition he is blocking the footway. However, this is a tricky position -

It is not an offence in law to park a motor vehicle, other than an HGV, on a grass verge unless it causes an obstruction or a Traffic Regulation Order (TRO) or byelaw is in force prohibiting it.

Section 19 of the Road Traffic Act 1988 prohibits parking by HGV's. An HGV (or heavy commercial vehicle) means any goods vehicle, which has an operating weight exceeding 7.5 tonnes . A similar prohibition to apply to other motor vehicles was contemplated in the late 1980's but was repealed before it ever came into force.

In light of the above it is a criminal offence to park an HGV on a verge adjacent to a road irrespective of the presence or absence of waiting restrictions and this can be enforced by the police. In areas where a Special Parking Area (SPA) is in force, the offence is decriminalised and can be enforced by the traffic authority rather than the police.

Obstruction
Whilst there is no blanket prohibition on parking on verges, a particular incident of verge parking may be considered dangerous or obstructive or cause damage and may constitute a criminal offence under one or other of the following statutory provisions: -

Section 28 Town Police Clauses Act 1847 - wilfully causing an obstruction to any public footpath or public thoroughfare.
Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 - vehicles causing unnecessary obstruction of the road (including verge).
Section 22 Road Traffic Act 1988 - leaving vehicles in a dangerous position on the road (including verge).
Section 137 Highways Act 1980 wilful obstruction of the free passage along a highway.
Section 72 Highways Act 1835 - driving on any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers.
Section 131(1)(c) Highways Act 1980 - deposits anything whatsoever on a highway so it would damage the highway
Allegations concerning any of the above possible offences would be a matter for the police to investigate and enforce, rather than the traffic authority.'

Goes on :-

'The best evidence for parking violation is:
1. Picture of vehicle parked illegally;
2. Picture of registration plate;
3. Picture of road markings; and
4. Picture of Traffic Regulation Order plate (usually on-street - yellow or white sign indicating what the restriction is).

The police might follow up - probably not though because it's a relatively minor offence. They could pass it onto the parking wardens who might do more patrols etc in this area... '

Best of luck anyway, we know more patrols 'aint gonna' happen ...
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