Dropped Kerb, no driveway.

Geckovich

Geckovich

Geckovich

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Ayia Napa
Afternoon. The parking situation in my street has always been bad, however it has recently taken a dive with an "arms race" of driveways and dropped kerbs being installed.

Though personally not affected (I've had a driveway for yeas) home owners who neither drive nor own a car have been exacerbating things by having dropped kerbs installed without a driveway. I appreciate that this is well within their rights if the council have provided planning permission, I'm more interested in their claims of people not being allowed to park there.

My understanding is that parking in front of a dropped kerb is illegal if it prevents access, blocks entry/exit to a cycle lane, or is across a pedestrian crossing.

These properties fit none of those criteria, they have dropped kerbs that provide no access, leading into garden walls etc. Common sense says that people should still be able to park over these kerbs, I'm after confirmation either way from a legal standpoint.

Tl;dr: Can you park over a dropped kerb which doesn't give vehicular access to a property?
 
I was led to believe you can park over a dropped kerb provided you weren't blocking a vehicle in. So empty drive is fair game.


Obviously I'd be more than happy to be told otherwise
 
mattyg said:
I was led to believe you can park over a dropped kerb provided you weren't blocking a vehicle in. So empty drive is fair game.


Obviously I'd be more than happy to be told otherwise
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I think that was the case up until the last few years, The issue here is that there's not even an empty drive on a few of these properties, just great access to a brick wall :p
 
What is a drop kerb?

A drop kerb is a roadside kerb / pavement that is angled downwards towards the road to allow vehicles to easily drive up and down the kerb.

Parking in front of drop kerbs is not allowed. It causes obstructions to driveway access, road crossing access and both pedestrian and driver visibility. Blocking driveway and crossing access is inconvenient and selfish but obstructing visibility can be very dangerous to pedestrians and road users.

Parking in front of drop kerbs has been against the rules in London since Section 14 of the London Local Authorities and Transport for London Act 2003 came into force.

"Part 6 of the Traffic Management Act 2004 repeals section 14 and gives all local authorities in England with civil parking enforcement powers the ability to take action when a vehicle is parked alongside a dropped kerb in a Special Enforcement Area (that is, an area where parking is, in all other instances, permitted)."


http://www.newparkinglaws.co.uk/post/Parking-Next-to-a-Drop-Kerb


and

Rule 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.
 
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mattyg said:
I was led to believe you can park over a dropped kerb provided you weren't blocking a vehicle in. So empty drive is fair game.


Obviously I'd be more than happy to be told otherwise
Click to expand...

That is however a really scummy attitude to employ regardless of whether its legal or not.

We had someone block our drive (but they also blocked a delivery driver which is why the police responded) and with a really bad attitude - police dealt with him pretty swiftly and none too gently.
 
Rroff said:
That is however a really scummy attitude to employ regardless of whether its legal or not.

We had someone block our drive (but they also blocked a delivery driver which is why the police responded) and with a really bad attitude - police dealt with him pretty swiftly and none too gently.
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You are correct.. I suppose I was reliving an issue I had with a taxi driver who lived opposite me. Who would regularly park hi car bang on the edge of our kerb meaning it was very very tight to get out. And very very hard to see if any traffic was there.
 
Hmm, so ignoring the London-relevant stuff (the property is in Coventry) "Part 6" seems to indicate that this is a local authority issue.

Or, being a bit cheeky with interpretation, are these not legally dropped kerbs because they don't provide any vehicle access?

Cosmetically the kerbs are dropped but physically they provide no access to a property.
 
mattyg said:
I was led to believe you can park over a dropped kerb provided you weren't blocking a vehicle in. So empty drive is fair game.


Obviously I'd be more than happy to be told otherwise
Click to expand...

So it's ok to park in front of a drive way, blocking cars from entering the driveway?
 
Clov!s said:
Read what I quoted again, he's said its ok to block an empty drive way by parking on a dropped curb.
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AKA he means those dropped kerbs with no driveways are fair game, you cannot take one part of his statement in isolation, that's the kind of thing the media does :p

HOWEVER

Dropped kerbs are used as crossing points where no driveway exists, for pushchairs, wheelchairs etc.

Parking in front of them is not legal.
 
Dr Who said:
AKA he means those dropped kerbs with no driveways are fair game, you cannot take one part of his statement in isolation, that's the kind of thing the media does :p
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AKA nothing..... You have completely changed the meaning of his post. Read it again.

He said parking in front of a drop kerb adjacent to an empty drive is fair game.

Which IS a crappy thing to do, you ARE blocking access to said drive.
 
mollymoo said:
We had a white line put in front of ours which does make it an offence to park in front of.
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Nope, white lines are advisory only.

However the TMA 2004 s.86 creates a civil contravention.

86

Prohibition of parking at dropped footways etc.

(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.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3)The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.

This exception does not apply in the case of a shared driveway.
(4)The third exception is where the vehicle is being used for fire brigade, ambulance or police purposes.

(5)The fourth exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

(6)The fifth exception is where—

(a)the vehicle is being used in connection with any of the following—

(i)undertaking any building operation, demolition or excavation,

(ii)the collection of waste by a local authority,

(iii)removing an obstruction to traffic,

(iv)undertaking works in relation to a road, a traffic sign or road lighting, or

(v)undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

(b)it cannot be so used without being parked as mentioned in subsection (1), and

(c)it is so parked for no longer than is necessary.

(7)In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).

(8)References in this section to parking include waiting, but do not include stopping where—

(a)the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b)the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

(9)The prohibition in this section is enforceable as if imposed—

(a)in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),

(b)elsewhere in England and Wales, by an order under section 1 of that Act.
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My local authority won't allow you to drop your kurb until your front wall has been knocked down / driveway built.

They have recently reissued all the parking rules and regulations mainly focused about when and where you can park with 0/2/4 wheels on the kerb. Part of that was blocking drive ways which is a no no - unless it's your property/driveway you're blocking and then it's ok. You have to match what the rules for the street are - ie 2 wheels will need to be off the street even with a dropped kerb.

This is a London borough though.
 
Geckovich said:
Afternoon. The parking situation in my street has always been bad, however it has recently taken a dive with an "arms race" of driveways and dropped kerbs being installed.
Click to expand...

I can relate to this. Parking where I am has been made much trickier as 3 new residents have moved in on the street. This has meant 3 more cars.

Couple this with the fact another neighbour has been parking selfishly for years meant I couldnt get parked some nights. As I dont get back from work till very late, its normally always myself who has the issues as I am the last person in.

The selfish neighbour has always parked so "his drivers door is opposite the gate" to his property (his words to me). The issue here is that he then makes it impossible to park behind him as it leaves only a circa 5 foot gap between him and edge of a driveway so doing so would mean you partially blocked a driveway and a 3-4 foot gap at the other side!!!... I have tried on a few occasions to speak with him about moving just a couple of feet up or down to allow others to park but he just shouts back and doesnt even try to be reasonable...

Recently, because he had trouble parking "opposite his gate" meaning he had to walk an extra 8-10 feet, he got the council to put in a disabled bay... Its not legally enforceable so I regularly park in it much to his annoyance but I dont care. I have tried to speak with him but he wants everything on his terms... Besides, his "disability" is self inflicted through smoking and alcoholism so I have no sympathy.


Hoping to move in the next 12-18 months. Very high priority - DRIVEWAY!!!! :D
 
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