Blocking the footway

problem-parking

I recently bought a mobility scooter, a case of “needs must”, because my arthritis is getting worse. I can only walk for about 100 yards now with the aid of a stick.

The mobility scooter is a Class 2 model, which means that it can only be driven on the footway, or pavement as it used to be called. The only time I can legally go on the roadway is to cross over. Top speed is 4 mph (walking speed) which doesn’t give me much time to get out of the way of the speeding cars. It doesn’t have lights, just rear reflectors, so crossing the road at night can be a bit dodgy, especially when some of our street lamps go off at midnight.

pavement_parking_news In some of the other roads there are one or two people who park on the footway, or halfway on it, making life difficult for the visually handicapped and elderly. Its the young mothers with their pushchairs who most at risk. I believe there was an incident a while back in another town where a child was killed and the mother injured trying to maneuver around a parked car.

My issue now is with the idle people who leave their wheelie bins out on the footway 24/7 and don’t bother to put them back on their own property. I wont go and ask them to remove the bins, because it is obvious that they don’t know the law and are probably people who think they have a right to flaunt it if they do know.

UPDATE (2 Dec 2016): The issue has now been resolved. The local Council came and had a look, and warned the householders that further action would be taken if they continued to obstruct the footway on non-bin days.

obstruction02

The local by-law states: “Wheeled bins should be stored on private land at all times and only presented for emptying on the day of collection. Bins should be moved back onto private land as soon as possible after emptying. Wheeled bins should not be stored on the highway (road, footpath or verge) as they can cause a nuisance, danger or obstruction to people including wheelchair/mobility scooter users, those with impaired vision and people pushing prams. Wheeled bins stored on the highway can also lead to vandalism, litter, fly tipping and arson. If you continue to leave bins out on the highway you will be prosecuted”.

 

Driving on the pavement with intent to park.
Although parking is generally permitted at the side of the road, except where there are restrictions or a specific offence has been committed, driving actually onto the pavement or footway (to park or otherwise) is an offence.

Under the Highways Act 1835, s.72, it is an offence to ride or drive wilfully on the footway, even though the driving may last for only for a few seconds ( McArthur v Jack 1950 S.C.(J.) 29). The offence will also apply to pedal and motor cyclists. Driving across the footway to get to a private park is held to be an offence in the absence of proof of long use or of its being a way of necessity.

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4 Responses to Blocking the footway

  1. Yes, not very pleasant negotiating parked cars on the pavement ~ I know through my baby buggy pushing days . . . 🙂

  2. helen says:

    I understand your frustration Keith, it drives me mad to. Although sometimes it can’t be helped, our road is narrow so some people have no choice but to park on the pavements, otherwise other residents would find it hard to access their homes.

  3. neena says:

    Isn’t it weird that there must be laws for things like this? Basic courtesy and caring for others should tell people it’s wrong.

  4. Keith says:

    Eddie >> I did state in the Update that the matter had been resolved, but it has not! The council sent a letter to the offenders threatening a court action and a possible fine. This worked for about a couple of weeks and now the cars and wheelie bins are back on the pathways 24/7 again! Unbelieveable!

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    Helen >> I know how you feel, and this ignoring the law seems to be the done thing now. The council told me that all they can do is to send a formal letter but can’t take the matter any further because they don’t have the funding or resources to take the matter to court.

    The same with the Dog Warden. I was having trouble with the dog from next door coming into my garden and threatening me. It’s a vicious big bastard (Pit Bull crossed with a Staffy)! The Dog warden can only offer advice to the neighbour to keep it on her own property, but she can’t take any action to force the neighbour to confine it to her garden. So I have to be careful when I’m in my garden and be on the alert, and I do carry a big knife with me in case it tries to attack me. Again another person breaking the law, and nothing is done about, the police are not interested until it actually bites me! I have been warned by the Dog Warden that if I kill or injure that dog I will face a charge of cruelty to animals.

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    Neena >> Since March the 1st talking or texting on a mobile while driving is a £200 fine and 6 points on their driving licence. When I’m waiting for my bus I take note of the passing traffic just to while away the time, the bus is always late incidentally. I still see drivers on their mobiles, either talking or texting as they go by. This morning I counted 5 out of 13 drivers breaking the law, safe in the knowledge that there are no police or traffic wardens oi our little town.

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    To All >> Why does our stupid Gov’t make all these Laws when they must realise the most of them cannot be enforced?

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