[Talk-GB] barrier=kerb on highways may be blocking OSRM (Car) routing

Robert Skedgell rob at hubris.org.uk
Wed Dec 18 16:54:46 UTC 2019


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)



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