Parking in front of a driveway

[ReggieJames1]

Hello there, I'm new to the forums and was just wondering how I could go about this.

 

My neighbour has two driveways, both with a dropped kerb, however she only has 1 car. Now there are several driveways with dropped kerbs on the road which I live in, and people park infront of them. However, I am the only one that has been ticketed. I'm sure that you are allowed to park infront of a driveway with a dropped kerb as long as the driveway is empty. Am I correct? I've parked infront of her empty driveway that isnt ever used. If someone could help me, that'd be great. I live in London by the way.

 

Thanks, Reggie.

[memgrubb]

Plz can you give details of the ticket? What it says - exact wording etc...

[sailor sam]

Hi and welcome to CAG

 

Are there any road markings in front of the drive?

[ReggieJames1]

Thanks for the warm welcome,

 

There is 1 white line across the whole drive. Details of the ticket:

"Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway"

 

Thanks, Reggie.

[green_and_mean]

I'm sure that you are allowed to park infront of a driveway with a dropped kerb as long as the driveway is empty. Am I correct?

 

No sadly you are wrong!

 

You cannot park (except when unloading) in front of any driveway unless it is a drive way to your own residence and you have sole use.

[ReggieJames1]

Oh, thats strange. I was told that the highway code states you may not park in front of a driveway with a dropped kerb, however its the drivers choice whether to follow the highway code or not as theres no law against it?

[sailor sam]

It sounds like a Fixed Penalty Notice to me. The white line is to make obvious the presence of a dropped kerb/entrance to a driveway. You need to see if there is a traffic order in place. Yes you are correct, you can be deemed causing an obstuction if you are blocking a car in but not the otherway round.

[Jamberson]

How would a CEO know who a parked vehicle belonged to, or where that person lives?

[memgrubb]

Yes, unfortunately the RTA 1988, sect 22 & CUR reg 103 states the following:

 

243

DO NOT stop or park

 

- where the kerb has been lowered to help wheelchair users and powered mobility vehicles

- in front of an entrance to a property

 

except when forced to do so by stationary traffic.

 

--

 

Taken from the DSA website

[Jamberson]

This is counter to what I've always understood to be the case. If it is indeed prohibited to park across an empty driveway, what is the purpose of having a white line there? Or, indeed, double yellows?

[green_and_mean]

How would a CEO know who a parked vehicle belonged to, or where that person lives?

 

They don't which is why drop kerbs that serve a single property are not enforced unless the resident complains.

[green_and_mean]

It sounds like a Fixed Penalty Notice to me. The white line is to make obvious the presence of a dropped kerb/entrance to a driveway. You need to see if there is a traffic order in place. Yes you are correct, you can be deemed causing an obstuction if you are blocking a car in but not the otherway round.

 

No traffic order is required the contravention is created by staute not a traffic order, TMA 2004 Section 86

[Aretnap]

If it is indeed prohibited to park across an empty driveway, what is the purpose of having a white line there? Or, indeed, double yellows?

The white line has no particular meaning in a legal sense - it just serves to highlight the dropped kerb. Double yellow lines across a dropped kerb would mean nobody could park there - not even a resident of the property. They're sometimes used where, eg, the dropped kerb is intended to allow wheelchairs/pushchairs to cross the road as well as/instead of to allow access to a driveway.

[Jamberson]

But DYLs and white lines are not installed as a matter of course, but at the behest of the property owner. If the property owner can simply complain and have offending vehicles ticketed, there's no need for lines, except inasmuch as they flag the driveway up to motorists. I find it hard to believe that councils go to the expense of doing this if it serves no real purpose.

[green_and_mean]

But DYLs and white lines are not installed as a matter of course, but at the behest of the property owner. If the property owner can simply complain and have offending vehicles ticketed, there's no need for lines, except inasmuch as they flag the driveway up to motorists. I find it hard to believe that councils go to the expense of doing this if it serves no real purpose.

 

My local authority charges the resident for the white lines.

[crem]

Sounds like the house owner has complained.

[MaxxPower]

Whether it's empty or not, you shouldn't be parking infront of someone elses driveway. Regardless of the legality, it's just not a neighbourly thing to do without permission.

 

Perhaps you should go and speak to the neighbour and request permission to park across, or even better yet, park on, their unused driveway?

[susiebling365]

I v just checked up on 243 of the highway code, and yes you are right, so why do people keep discussing and arguing? If taking a test it would be striked against you, if an accident occurred ( as in my experience it did) then the fact that you were parked on a white line would go against you. I have just had a white line painted for those reasons. Like the guy says its not neighbourly and can cause accidents. Maybe it is nt a legality as such , but I would n't push my luck and park on one.

 

Thats what the Highway Code is all about....