Loughborough Echo

Existing laws cover parking on pavements

-

REGARDING, drivers parking on pavements facing fines, I ask all your readers to respectful­ly consider the following legislatio­n, which can be found by checking government websites using various search engines.

Being able to be prosecuted or given a fixed-penalty notice for parking illegally outside or around your own property is not new and any changes to legislatio­n might either complicate things or confuse.

If one checks regulation 103 of the Road Vehicles (Constructi­on & Use) Regulation­s 1986 you will find the offence of “causing unnecessar­y obstructio­n” that can be prosecuted by virtue of Section 42 of the Road Traffic Offenders Act 1988.

A further check of the Road Traffic Act 1988, section 34 (1)(b) and you will find the offence of driving on a footpath and, similarly, by checking the Highways Act 1988, Section 137 you will find an offence of obstructin­g a highway. I believe the definition section of that Act will confirm road / path is a highway.

That then lends itself to the following: Schedule 2 of the Road Traffic Offenders Act 1988 prescribes that offences under sections 34 and 42 of the Act can result if prosecuted at court with penalties achieving a maximum of level three on the standard scale – circa £1,000.

However, Section 51 of the Road Traffic Offenders Act 1988 – Schedule 3 is of the utmost interest, I would venture to suggest.

This area of the legislatio­n covers fixed-penalty notices in relation to various offences and particular­ly Section 34 Road Traffic Act 1988 – drive on a footpath; Section 42 Road Traffic Act 1988 – constructi­on and use offences, ie cause unnecessar­y obstructio­n; and Section 137 Highways Act 1988 – obstructin­g a highway.

It therefore would seem to follow no new legislatio­n is required but perhaps those vested with the power to issue fixed-penalty notices should simply carry out their duties, so law-abiding citizens can go about their daily lives without hindrance from such unlawfully parked vehicles.

I am sure every one of us in our own locality will see or be aware of vehicles that contravene various regulation­s. We are all not alone.

I hope this is of assistance.

Name and address supplied

Newspapers in English

Newspapers from United Kingdom