Pavement and Road - the distinction and enforcement

[yellowplum]

A friend (although dubious sounding - it is true and not me) was issued with a PCN for parking on a pavement under notice 02, Loading and Unloading.

 

He was not loading and unloading, the land is owned by the Royal Mail, the entire pavement is lowered to the road, no distinction exists between the road and the pavement. My question is does the double yellow lines on the side of the pavement which prevent loading and unloading on the road also apply to the pavement?

[dx100uk]

yes

dx

[Conniff]

I know the road is classed to be from land boundary to land boundary on either side and parking on a pavement is an offence in itself as well as attracting the same bylaws as the roadway itself.

[green_and_mean]

My question is does the double yellow lines on the side of the pavement which prevent loading and unloading on the road also apply to the pavement?

 

No the yellow lines do not prevent you from loading or unloading on the pavement, yellow lines restrict waiting/parking. The unloading restriction should be signed with kerb markings and a white sign stating the hours of restriction, but if in place they do cover the footway.

[yellowplum]

No the yellow lines do not prevent you from loading or unloading on the pavement, yellow lines restrict waiting/parking. The unloading restriction should be signed with kerb markings and a white sign stating the hours of restriction, but if in place they do cover the footway.

 

 

Thanks, I was reading something that stated the pavement had to meet certain criteria to be lowered with the road and to be treated the same. Which is why I was asking the question.

 

What I read was....

 

regulation 86p -

 

(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

 

(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

 

(i)assisting pedestrians crossing the carriageway,

 

(ii)assisting cyclists entering or leaving the carriageway, or

 

(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

 

(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

 

For clarity I have attached pictures of the car and the ticket, also a link on streetview of the area.

 

http://maps.google.com/?ll=50.799185,-1.089977&spn=0.00037,0.001032&t=h&layer=c&cbll=50.79921,-1.090017&panoid=b7qNgOX42HMbfJ7K-HcAgA&cbp=12,279.21,,0,21.91&hnear=Surrey+St,+Portsmouth+PO1+1JT,+United+Kingdom&z=21

[sailor sam]

There is signage and markings indicating loading is not permitted at any time. That would apply to the footpath also.

[Jamberson]

What you have posted above concerns a different situation - parking on the road next to a drop kerb: "a vehicle must not be parked on the carriageway adjacent to a footway"

 

In this case, the vehicle was on the footway, not adjacent to it. The yellow line restriction covers the carriageway, pavement and verge, so it applies to the spot where the car was.

 

The restriction is loading ban - Double yellow lines with kerb chevrons, and a sign on the fence saying no loading at any time.

 

Seems fair and square to me.

[sailor sam]

In addition to the above, from your pics it shows the car completely blocking the footpath. A tad inconsiderate to people in wheelchairs/pushchairs and blind persons wouldn't you say?

[yellowplum]

Thank you, I thnk I understand in full. My only other question goes back to the original discussion I was having with him over it. My understanding was that a path that was dropped for a period, as you state for people with pushchairs etc would be so governed, however this land belongs to the Royal Mail (not sure where the boundary starts and ends here) and cars are parked along from it all the time.

 

1. Does this make any difference?

2. If the pavement is dropped completely for the entire front of the building does this make any differnece?

[Jamberson]

Dropped or not makes no difference.

 

The ownership of the land is not relevant in this case. As a rule of thumb, ask yourself if a passing pedestrian would assume they have a right of way there. As there is no fence or boundary indicating to a pedestrian that they should to keep off, then they have right of way and could not be prosecuted for walking on it. Therefore, it is considered part of the highway and subject to the same restrictions as any other stretch of pavement.

[sailor sam]

Thank you, I thnk I understand in full. My only other question goes back to the original discussion I was having with him over it. My understanding was that a path that was dropped for a period, as you state for people with pushchairs etc would be so governed, however this land belongs to the Royal Mail (not sure where the boundary starts and ends here) and cars are parked along from it all the time.

 

1. Does this make any difference?

2. If the pavement is dropped completely for the entire front of the building does this make any differnece?

 

The boundary would be where the gates/fence/wall of the building is so all those cars in the street view image would be committing the same contravention.