10/11/2009
It's a situation that can turn a calm morning into a frustrating ordeal: you're ready to leave, but your car is blocked in by another vehicle. Whether it's a neighbour's car encroaching on your driveway, or an inconsiderate driver parking on the pavement and impeding your exit, understanding your rights and the correct procedures is key to resolving the issue swiftly and legally. This guide will walk you through what to do when your car is blocked, with a particular focus on the nuances of UK road law, including the vexing issue of pavement parking.
Dealing with Pavement Parking: A Complex Issue
Pavement parking is a contentious topic in the UK, often causing significant inconvenience and even danger to pedestrians, particularly those with disabilities or pushchairs. While many councils in England and Wales can prohibit pavement parking through Traffic Regulation Orders (TROs), the process can be lengthy, taking up to two years to implement, and enforcement may be limited to daytime hours. Crucially, signs and road markings must clearly indicate where pavement parking is forbidden. If you believe pavement parking is an issue in your area, contacting your local councillor via the gov.uk website is a good starting point. It's important to remember that the police are not responsible for establishing TROs.
Even where not specifically prohibited by a TRO, parking on a pavement can still be an offence if it causes an obstruction. This means pedestrians, including wheelchair users, are forced into the road to navigate around the parked vehicle. This can lead to a fixed penalty notice for the offending driver. Furthermore, waiting restrictions indicated by yellow lines extend to pavements and verges, meaning parking alongside them on the pavement is also illegal. Driving on the pavement, even for a short distance, is an offence unless you are accessing your property via a lowered kerb driveway. These rules apply even if only one or two wheels are on the pavement and extend to motorcycles.
It's worth noting that London has a more comprehensive ban on pavement parking. Additionally, goods vehicles over 7.5 tonnes are prohibited from parking on verges or pavements anywhere in the UK.
Who to Contact for Pavement Parking Problems?
The authority you should report pavement parking to depends on the nature of the offence:
- Local Council: For vehicles breaching parking restrictions like yellow lines or parking in areas with a specific pavement parking ban.
- Local Police: For vehicles being driven on the pavement or causing a dangerous obstruction. You can usually contact the police on 101.
As mentioned, your local councillor can also be a valuable resource for advocating for TROs in your area.
Blocked Driveway: When the Police Can Intervene
If your driveway is blocked, preventing you from exiting your property, the police may be able to intervene. However, their involvement is typically limited to situations where a vehicle is physically trapping your car and hindering your ability to leave. For instance, the Metropolitan Police have issued guidance acknowledging the frustration caused by blocked driveways and outlining potential police action in such circumstances. If you find yourself in this situation, contacting your local police force on 101 is the appropriate first step.
While not directly related to being blocked in, it's crucial to understand how to react when an emergency vehicle approaches from behind. The primary goal is to allow them to pass as quickly and safely as possible. However, it's vital not to break any road rules in the process, as this could lead to penalties.
Key Rules for Emergency Vehicles:
- Obstruction: Under the Emergency Works (Obstruction) Act 2006, you can face fines of up to £5,000 for 'wilfully impeding' an emergency vehicle. This means deliberately preventing their passage.
- No Excuse for Violations: You cannot use the excuse of moving for an emergency vehicle to break traffic laws. Stopping in a yellow box junction or running a red light are serious offences, regardless of the circumstances, and will result in a fine and potential penalty points on your licence.
- Bus Lanes and Kerbs: Similarly, moving into a bus lane or mounting the kerb to let an emergency vehicle pass can also lead to fines. The Highway Code advises against mounting the kerb and stresses not to brake harshly near junctions or roundabouts, as following vehicles may not have the same visibility.
- Common Sense is Key: The advice is to use common sense. Emergency services understand that you may not be able to move immediately, especially in heavy traffic. The key is to react appropriately and within the law when you reasonably can.
Table: Actions to Avoid When an Emergency Vehicle Approaches
| Action to Avoid | Potential Consequence |
|---|---|
| Stopping in a yellow box junction | Fine and penalty points |
| Running a red light | Fine (up to £1,000) and penalty points |
| Entering a bus lane | Fine (location dependent) |
| Mounting the kerb | Potential danger and advisory against in Highway Code |
| Braking harshly near junctions/roundabouts | Risk of accident with following vehicles |
Remember, the rules regarding emergency vehicles are not changing with new Highway Code updates, which do, however, prioritise cyclists in certain situations. The most important thing is to remain calm, assess the situation, and act in a way that is both safe and compliant with traffic regulations.
Frequently Asked Questions
Q1: My neighbour consistently parks their car blocking my driveway access. What can I do?
A1: If a vehicle is consistently blocking your driveway, you should first attempt to speak with your neighbour directly to resolve the issue amicably. If this fails, you can report the obstruction to your local police on 101. They can investigate and potentially issue a warning or penalty notice if the obstruction is deemed illegal.
Q2: Is it always illegal to park on the pavement in the UK?
A2: In England and Wales, it is illegal to park on the pavement if it is specifically prohibited by a Traffic Regulation Order (TRO) or if it causes an obstruction. London has a more general ban. Yellow lines on the road also apply to adjacent pavements, making parking there illegal.
Q3: I had to slightly mount the kerb to let an ambulance pass. Will I be fined?
A3: While the Highway Code advises against mounting the kerb, if you did so solely to allow an emergency vehicle to pass and did not cause danger or obstruction, enforcement action is unlikely. However, it is best to avoid mounting the kerb if possible and to ensure you do not break any other traffic laws in the process.
Q4: Can I park on a dropped kerb if it's not my driveway?
A4: No, parking on a dropped kerb is generally illegal as it obstructs access for wheelchair users and prams. This applies even if it's not your driveway.
Q5: What's the difference between reporting a pavement parking issue to the council versus the police?
A5: You should report pavement parking to the council if it violates a specific parking restriction (like yellow lines or a TRO) or if it's in an area with a blanket ban. Report it to the police if the vehicle is being driven on the pavement or causing a significant, dangerous obstruction.
Navigating parking issues can be challenging, but by understanding the regulations and knowing who to contact, you can effectively address these common motoring frustrations.
If you want to read more articles similar to Blocked In? Your Guide to Car Parking Nightmares, you can visit the Motoring category.