dipped curb parking

[BIGWIG]

Hi all,

 

Not sure whether this should go in here as it is not exactly regarding parking charges but it is a parking issue so here goes....

 

Basically i was just wondering whether somebody on here would be able to confirm whether having a dipped curb in front of my drive automatically (by law) gives me right of way/access to my drive? I have a terraced house which has a drive which fronts on to the main road and once again low and behold some T**t has parked directly in fornt of it blocking my car on the drive. Knowing the vast amount of knowledge shared on here I was hoping somebody might be able to advise me.

 

Many thanks

 

John

[livelylad]

Hi all,

 

Not sure whether this should go in here as it is not exactly regarding parking charges but it is a parking issue so here goes....

 

Basically i was just wondering whether somebody on here would be able to confirm whether having a dipped curb in front of my drive automatically (by law) gives me right of way/access to my drive? I have a terraced house which has a drive which fronts on to the main road and once again low and behold some T**t has parked directly in fornt of it blocking my car on the drive. Knowing the vast amount of knowledge shared on here I was hoping somebody might be able to advise me.

 

Many thanks

 

John

 

 

Hi have a read through this.

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/44374-dropped-kerb-priority.html?highlight=drop+kerb

[BIGWIG]

Appreciated, thanks.

[PhantomReclaimer]

I suppose you could always take their Reg no, get their details off DVLA and sue them for negligence for whatever costs they have put you to?

 

P.

[millymong]

you could call the police ,as somebody is obstructing you as long as you need to get somewhere.

[dw190]

If you are in London take a look at section 14 of this legislation.

 

Not be long before this will have As Amended behind it and all Local Authorities will be after their rewards.

 

London Local Authorities and Transport for London Act 2003

 

 

 

 

 

(1) This section shall apply to any part of the carriageway of-

 

• (a) any GLA road or GLA side road in a special parking area; and

• (b) any other road in a special parking area in the area of a borough council,

which is adjacent to a dropped footway.

(2) But this section shall not apply in respect of any part of the carriageway during any period in which-

• (a) an order under section 6 or section 9 of the Act of 1984 (which make provision about road traffic regulation orders) prohibits or permits the waiting of vehicles on it; or

• (b) an order under section 45 of the Act of 1984 (Designation of parking places on highways) provides for its use as a designated parking place.

(3) A driver of a vehicle shall not at any time cause it to wait on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under the said section 6.

(4) In the case where-

• (a) residential premises have a driveway which is not shared by other premises; and

• (b) the purpose of the dropped footway is to assist vehicles to enter or leave the road from or to the driveway,

the relevant borough council or Transport for London, as the case may be, may not issue a penalty charge notice in respect of any breach of the prohibition under subsection (3) above unless requested to do so by the occupier of the premises.

(5) Nothing in subsection (3) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.

(6) Nothing in this section shall prohibit the driver of a vehicle from causing it to wait in the circumstances mentioned in subsection (3) above-

• (a) if the vehicle is being used for fire brigade, ambulance or police purposes;

• (b) if the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to wait in order to avoid an accident;

• © for so long as may be necessary for the purpose of enabling persons to board or alight from the vehicle;

• (d) for so long as may be necessary (up to a maximum of 20 minutes) for the delivery or collection of goods or merchandise or the loading or unloading of the vehicle at any premises if that cannot reasonably be carried out as respects those premises without waiting as mentioned in subsection (3) above; or

• (e) if the vehicle is being used for a purpose to which subsection (7) below applies and cannot be used for that purpose without so waiting.

(7) This subsection applies to any purpose connected with-

• (a) any building operation, demolition or excavation;

• (b) the collection of waste by or on behalf of any council;

• © the removal of any obstruction to traffic;

• (d) the maintenance, improvement or reconstruction of the road; or

• (e) the laying, erection, alteration, repair or cleaning of-

• • (i) any traffic sign, traffic light or street light;

• • (ii) any sewer or any main, pipe, cable or apparatus for the supply of water, gas or electricity; or

• • (iii) any telegraph or telephone wire, cable, post or support.

(8) In this section-

• "dropped footway" means any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of-

• • (a) assisting pedestrians crossing the road; or

• • (b) assisting vehicles to enter or leave the road across the footway or verge;

• "special parking area" means a special parking area designated by an order made by the Secretary of State under section 76(1) of the Road Traffic Act 1991 (c. 40);

• "road" has the same meaning as in section 142(1) of the Act of 1984.