On 18/12/2019 16:26, David Woolley wrote: > On 18/12/2019 15:59, Robert Skedgell wrote: >> It's parking a car on a >> footway which is illegal in London (an offence which is only subject to >> civil enforcement), unless explicitly allowed by the local authority. > > It's potentially a criminal offence anywhere see sub-paragraph 17 of > <http://www.legislation.gov.uk/ukpga/1980/66/section/184>. I think the > situation in London is just that the default position is reversed, and > everywhere is assumed to have a notice by default. The offence is > crossing the kerb or verge, not parking on the footway, which is a > separate offence.
I believe the general prohibition of driving on footways to be s. 72 Highway Act 1835 <http://www.legislation.gov.uk/ukpga/Will4/5-6/50/section/72>. In London, footway parking is prohibited by s. 15 Greater London Council (General Powers) Act 1974 <http://www.legislation.gov.uk/ukla/1974/24/section/15>, although it's illegal to park an HGV on a footway or verge anywhere under s. 19 Road Traffic Act 1988 <http://www.legislation.gov.uk/ukpga/1988/52/section/19>. Both of these are enforced only as civil parking contraventions, using codes 62 and 61 respectively. > > I think issue of civil enforcement is just that the police have > abdicated all this sort of thing to civil enforcement, rather that it > isn't a crime. About the only parking offences the police will > prosecute are dangerous and obstructive parking, but they could > prosecute any of them. In civil enforcement areas in England (most places now), the police cannot enforce a parking offence as a criminal matter other than for a pedestrian crossing contravention, see regulation 7 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 <http://www.legislation.gov.uk/uksi/2007/3483/regulation/7/made>. Complying with legislation isn't really an abdication of their powers. The police can act on a vehicle parked in a dangerous position under s. 22 Road Traffic Act 1988 <http://www.legislation.gov.uk/ukpga/1988/52/section/22>, but this isn't a parking offence per se. This may be fortunate as a CEO who may have an (officially denied) quota to fill shouldn't be serving PCNs based on their subjective judgement. -- Robert Skedgell (rskedgell) _______________________________________________ Talk-GB mailing list Talk-GB@openstreetmap.org https://lists.openstreetmap.org/listinfo/talk-gb