Parking - Pavements

Summary

The Council has a responsibility to keep the roads which include footways safe to use.

Damaged footways and grass verges cost the Council taxpayer thousands of pounds a year in repairs.

Damaged and uneven surfaces put pedestrians at risk of injury from trips and falls and this adds to the Council's financial burden arising out of claims from pedestrians that suffer injury.

Also frequently damaged are pipes and cables running beneath the pavement, and their repairs put up the costs of such services as gas, water and electricity.

Pedestrians most at risk are the blind, the partially sighted and people using wheelchairs, walking-frames and crutches.

An estimated ten million people in Britain (one person in every six) have some form of mobility handicap. People with wheelchairs, prams or pushchairs may even be forced out into the road because vehicles obstruct the footway.

Some three million adults each year fall over broken paving surfaces, many of them damaged by parked vehicles. Half a million of these people receive treatment under the NHS, and some may need support from their local Social Services.

Pavements are provided for pedestrian use only and are not constructed to carry vehicle loading.

Vehicles parked on pavements are :

• An obstruction to pedestrians, wheelchair and pushchair users that may result in them having to go into the carriageway putting them in danger.
• A hazard to pedestrians when driving on and off the footway
• Cause damage such as broken flags, etc. requiring repairs to prevent injury from trips and falls

Pavements are not made to withstand the weight of vehicles, and repairs are expensive.

Eligibility

The information contained in this section applies to everyone who uses the roads.

Drivers need to be aware of the problems that they cause for pedestrians and the possible offences that they commit by driving onto the footway.

It is also important to note that any parking restrictions that are in force normally apply to the whole of the road (footways and verges included) not just the carriageway.

Drivers should not :

• Cause an obstruction - either at a junction or where this may prevent traffic from moving freely along any road
• Park where a loading or unloading restriction is in operation
• Park in a Taxi rank, Loading bay, Bus Stop Clearway or School 'Keep Clear' marking.

Please ensure you check all signs and road markings when parking your vehicles.

Procedure

Any pavement parking that violates traffic orders, (i.e. Yellow Lines) should be reported to the traffic wardens.

Any parking that does not fall under the above will constitute an obstruction and should be reported to the Police.

If the vehicle is a heavy goods vehicle report this to the police.

Charges/Fees

There are no charges relating to reporting pavement-parking problems.

How the customer can help

You may be asked to make a statement, so be ready with as much information as possible. The following information will be helpful both to the police and the Council.

• Time and place of the offence
• Nearest shop or house number
• How long the vehicle was seen to be parked on the footway
• If the vehicle was driven along the footway for any distance
• If pedestrians had to step into the carriageway or were otherwise obstructed
• Vehicle Registration Number
• Colour and Make / Model of the Vehicle
• Direction the vehicle was facing
• Number of wheels on the pavement
• Approximate width of the pavement and width left for pedestrians to use.
• A sketch-map or, even better, provide a photograph.

If the offence leads to court, you may also be required to appear as a witness.

Application Form References

• Report.Obstructive Parking
• Report Obstructive Pavements
• Report a Pothole

Legislation

If there are waiting restrictions (yellow lines) on the carriageway adjacent to the footway then a Penalty Charge Notice can be issued by the police or traffic wardens since a vehicle parked in this manner is likely to be in contravention of the traffic order. Waiting restrictions cover highways from the centre of the carriageway to the back of the footway.

If there are no waiting restrictions on the highway adjacent to the pavement then this should be taken up with the Police since it constitutes obstruction.

The Department for Transport may empower Local Authorities to introduce their own anti-pavement parking legislation in the future.

At present it is unlawful to drive on the footway but a witness to the offence is required.

Heavy Goods Vehicles (lorries) commit an offence if parked on a footway unless there are unusual and extenuating circumstances.

Response Times/Next Steps

In general enforcement is the responsibility of the police who will inform the complainant of the expected response time.