Daily Blog 01/13/2013

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One Response to Daily Blog 01/13/2013

  1. I know that you might not have read through all of the reposted article from “Roads Were Not Built For Cars”, but with a name like that, the Reporting Bias Alarms should have been screaming.

    There are no laws preventing parking on the pavement apart from:

    Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 and (causing or permitting a vehicle to stand on a road so as to cause an unnecessary obstruction)
    Section 22 RTA 1988 (leaving vehicles in a dangerous position)
    Local byelaws in many parts of the country including this example from Devon Council: http://www.devon.gov.uk/index/transport/roads/road_maintenance/pavement/parking_on_pavements.htm
    Law GL(GP)A sect 15 – which forbids parking on the pavement anywhere in London

    In addition to this, sections 239 to 247 of the Highway Code give guidance on parking. While the Highway Code itself is not a piece of legislation, it references all of the laws that it uses to give its advice, in each clause. For simplicity of reading, when the Highway Code says YOU MUST or YOU MUST NOT, it is describing something that is potentially illegal. Where is says DO NOT, it’s usually over something that isn’t technically illegal, but is to do with good road etiquette and could be something that you could be proven to be negligent over. Here is the relevant excerpt from the Highway Code:

    239
    Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside

    do not park facing against the traffic flow
    stop as close as you can to the side
    do not stop too close to a vehicle displaying a Blue Badge: remember, the occupant may need more room to get in or out
    you MUST switch off the engine, headlights and fog lights
    you MUST apply the handbrake before leaving the vehicle
    you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
    it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
    put all valuables out of sight and make sure your vehicle is secure
    lock your vehicle.
    Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42

    240
    You MUST NOT stop or park on

    the carriageway or the hard shoulder of a motorway except in an emergency (see Rule 270)
    a pedestrian crossing, including the area marked by the zig-zag lines (see Rule 191)
    a clearway (download ‘Traffic signs’ (PDF, 486KB))
    taxi bays as indicated by upright signs and markings
    an Urban Clearway within its hours of operation, except to pick up or set down passengers (download ‘Traffic signs’ (PDF, 486KB))
    a road marked with double white lines, even when a broken white line is on your side of the road, except to pick up or set down passengers, or to load or unload goods
    a tram or cycle lane during its period of operation
    a cycle track
    red lines, in the case of specially designated ‘red routes’, unless otherwise indicated by signs. Any vehicle may enter a bus lane to stop, load or unload where this is not prohibited (see Rule 140).
    Laws MT(E&W)R regs 7 & 9, MT(S)R regs 6 & 8, ZPPPCRGD regs 18 & 20, RTRA sects 5, 6 & 8, TSRGD regs 10, 26 & 27, RTA 1988 sects 21(1) & 36

    241
    You MUST NOT park in parking spaces reserved for specific users, such as Blue Badge holders, residents or motorcycles, unless entitled to do so.
    Laws CSDPA sect 21 & RTRA sects 5 & 8

    242
    You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
    Laws RTA 1988, sect 22 & CUR reg 103

    243
    DO NOT stop or park

    near a school entrance
    anywhere you would prevent access for Emergency Services
    at or near a bus or tram stop or taxi rank
    on the approach to a level crossing/tramway crossing
    opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
    near the brow of a hill or hump bridge
    opposite a traffic island or (if this would cause an obstruction) another parked vehicle
    where you would force other traffic to enter a tram lane
    where the kerb has been lowered to help wheelchair users and powered mobility vehicles
    in front of an entrance to a property
    on a bend
    where you would obstruct cyclists’ use of cycle facilities except when forced to do so by stationary traffic.

    244
    You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.
    Law GL(GP)A sect 15

    245
    Controlled Parking Zones. The zone entry signs indicate the times when the waiting restrictions within the zone are in force. Parking may be allowed in some places at other times. Otherwise parking will be within separately signed and marked bays.

    246
    Goods vehicles. Vehicles with a maximum laden weight of over 7.5 tonnes (including any trailer) MUST NOT be parked on a verge, pavement or any land situated between carriageways, without police permission. The only exception is when parking is essential for loading and unloading, in which case the vehicle MUST NOT be left unattended.
    Law RTA 1988 sect 19

    247
    Loading and unloading. Do not load or unload where there are yellow markings on the kerb and upright signs advise restrictions are in place (see pages 115-116). This may be permitted where parking is otherwise restricted. On red routes, specially marked and signed bays indicate where and when loading and unloading is permitted.
    Law RTRA sects 5 & 8

    If you are found guilty of causing danger to other road users, the penalty is discretionary, and unlikely to be of this magnitude, but:
    “the Road Traffic Act 1988 Section 22A(1)(a) states that causing danger to other road-users could result in a fine up to £5,000, and/or a maximum of seven years imprisonment”. (redhillandreigatelife.co.uk)

    I think the issue that causes so much conflict between drivers and cyclists is the lack of enforcement of existing laws, rather than whether or not the laws exist. Many road users choose to flout the law, rather than being unaware of it. And if you’re doing something questionable on public roads, then that fact alone should make you stop and think about why you are behaving this way in the first place. As well as obeying the law, it’s your duty as a good citizen to be considerate of your fellow human.

    The writer of the article seems to think it’s ok to break the law because “everyone else is doing it”. Well, I hope they never have to use that argument in court, because they are going to get laughed at. The Highway Code and all of the legisation governing vehicles and road use applies to ALL ROAD USERS. Not just drivers, not just cyclists, not just pedestrians. Everyone.