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Thread: Law: Parking on lowered kerbs

  1. #1
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    Jan 2012
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    Default Law: Parking on lowered kerbs

    I have just been fined in Hove for parking outside a lowered kerb. The kerb did not have double yellow lines or a sign to warn me (I did not see it or know I was breaking the law). It is the type of kerb that lowers down to cross road and is about wheelchair width. Please can someone direct me to the latest government law on lowered kerbs and if they have to show a warning sign. Thanks

  2. #2
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    The offence you were charged with was almost certainly obstruction, as defined in the Road Vehicles (Construction and Use) Regulations 1986, Section 103:

    "No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road."

  3. #3
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    Thank you

  4. #4
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    As far as I know there is no need for signage as it is expected that the dropped kerb will speak for itself. A neighbour had a visitor 'ticketed' for parking adjacent to their dropped kerb as the parked car was blocking their exit.
    Be aware Parking, that ignorance of the Law is never accepted in a Magistrates Court. You are expected to 'know' these things.

  5. #5
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    We have a dropped curb, but its right in front of a Tree?? When I asked the council if we could remove one curb stone, so that we could at least get the benefit of half of it,.... they said No?

    Probably because, when the Nerk with the clip board, came out to see it, he didn't see any problem with the dropped curb in front of the tree, to which I replied, "it must have been a council worker who did that"

    It didn't effect his decision in any way, as I knew he was going to reject our request any way, as he had the mandatory row of pens in his top pocket, and the neatest clip board I have ever seen?

  6. #6
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    http://www.theaa.com/public_affairs/...ped-kerbs.html
    also Department of Transport Operational Guidance to Local Authorities March 2008 Parking Policy and Enforcement Traffic management Act 2004
    "The provisions in the Act mean that an authority can introduce such a prohibition
    without a TRO/TMO, but that outside London traffic signs or road markings must
    show where the prohibitions apply. Many such prohibitions are already indicated
    – for instance, at street corners. Authorities can get guidance on appropriate
    indicators from the Signs Branch in DfT. Restrictions on the situations in which
    an authority can use these powers means that they may be more suitable for
    tackling persistent problems than occasional ones. An authority that decides to
    use the power should publicise when they will or will not do so before using it."

    Unless there is a more recent version of this, it seems to indicate that outside of London dropped kerbs (not driveways) should have a warning sign.

  7. #7
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    Quote Originally Posted by Parking View Post
    http://www.theaa.com/public_affairs/...ped-kerbs.html
    also Department of Transport Operational Guidance to Local Authorities March 2008 Parking Policy and Enforcement Traffic management Act 2004
    "The provisions in the Act mean that an authority can introduce such a prohibition
    without a TRO/TMO, but that outside London traffic signs or road markings must
    show where the prohibitions apply. Many such prohibitions are already indicated
    – for instance, at street corners. Authorities can get guidance on appropriate
    indicators from the Signs Branch in DfT. Restrictions on the situations in which
    an authority can use these powers means that they may be more suitable for
    tackling persistent problems than occasional ones. An authority that decides to
    use the power should publicise when they will or will not do so before using it."

    Unless there is a more recent version of this, it seems to indicate that outside of London dropped kerbs (not driveways) should have a warning sign.
    Regardless of signs or markings, you can be nicked for obstruction. Presumably from your description you were obstructing access for pedestrians or wheelchairs.

    What does it say on your ticket?

    Have you paid the fixed penalty? - if not, you can go to court and plead not guilty, but you risk a higher fine (maximum 1,000). If you have already paid, it's too late.

  8. #8
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    It says' "Parked adjacent to a dropped footway". By all accounts many people have been 'tripped up' (excuse the pun) by this and, like me, did not notice the dropped footway. The enforcement officer seems to have a field day with it, as passers by told me when it was too late.

  9. #9
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    Jun 2012
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    This happened to me as well, as far as i know dropped curve have no marking, this is why you can easily make the mistake of parking in front of them. which I think is a money making "CON". I know its quite obvious that i shouldnt be blocked but in some situations you really cant notice them. I paid my fine and learned my lesson but i still think its not right not to mark them.

  10. #10
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    It is always worth writing a begging letter explaining that you are an ignorant non-local and you promise to never trangress again. They can let you off if they want to.

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