1Introduction
1.Drivers want, and often need, to park near their homes or places of work. Sometimes the only way to do this and maintain access for emergency vehicles, buses and refuse lorries is to park partly or wholly on the pavement.2 Pavement parking can make it difficult or impossible for pedestrians to walk safely on the pavement. We decided to look into what the Government can do to address these issues.
2.During the inquiry we received 430 pieces of written evidence, held two evidence sessions and a public engagement event in Bexhill-on-Sea. We are grateful to everyone who contributed to the inquiry.3 Our thanks also go to the UK Parliament Education and Engagement team.
3.The Department for Transport gave us a breakdown of parking offences, if an offence is criminal or civil and who can enforce these offences:
Table 1: Table of parking offences by scenario
|
Scenario |
Criminal or civil offence |
Who enforces it |
|
Parking a vehicle on a pavement; the remaining pavement is clearly wide enough for pedestrians to pass; the street is not subject to any parking restrictions |
No offence or contravention note 1 |
No enforcement action |
|
Parking a vehicle on a pavement; the pavement is clearly blocked and pedestrians are forced onto the carriageway; the street is not subject to any parking restrictions |
An obstruction offence may be being committed in this case |
Police service |
|
Parking a vehicle on a pavement; the remaining pavement is clearly wide enough for pedestrians to use; the street is subject to parking restrictions (eg. yellow lines) |
Civil contravention (contravention code 01 -parked where restricted during restricted hours) |
Local authority note 3 |
|
Parking a car or motorbike on a pavement; the pavement is entirely blocked and pedestrians are forced onto the carriageway; the street is subject to parking restrictions (eg. yellow lines) |
Civil contravention (contravention code 01–parking where restricted during prescribed hours) A separate obstruction offence may also be being committed. note 2 |
Police service for the obstruction offence; local authority for the contravention of parking restrictions note 3 |
|
Parking an HGV weighing more than 7.5t on a pavement to carry out unload that could not have been performed from the carriageway, on a road that is not subject to any parking restrictions |
No offence or contravention note 1 |
No enforcement action |
|
Parking an HGV weighing more than 7.5t on the pavement; regardless of the width of the pavement or whether the street is subject to any parking restrictions |
Civil contravention (Contravention code 61 - A heavy commercial vehicle wholly or partly parked on a footway, verge or land between two carriageways) |
Local authority note 3 |
|
Parking an HGV weighing more than 7.5t on the pavement for the purposes of loading/unloading which could not be satisfactorily performed if the vehicle was parked elsewhere, where the street is not subject to loading/unloading restrictions (eg. yellow kerb blips) |
No offence or contravention note 1 |
No enforcement action |
|
Parking a HGV weighing more than 7.5 on the pavement for the purposes of loading/unloading, where that street is subject to loading/unloading restrictions |
This would be a civil contravention (contravention code 02–parked loading/unloaded in a restricted street where waiting and loading/unloading restrictions are in force) |
Local authority note 3 |
|
Parking a vehicle on the footway and/or verge, where that street is subject to a prohibition of footway and/or verge parking (a TRO banning pavement parking) |
This would be a civil contravention, regardless of the type of vehicle or whether a criminal obstruction is taking place (contravention code 62 - |
Local authority note 3 |
Note 1: It is unlikely that an offence or contravention is occurring in these circumstances as a general rule of thumb, but some may argue that an obstruction offence is being committed; the Department understands that police services are generally likely to apply discretion towards obstruction offences and are unlikely to issue FPNs unless there is a clear and unambiguous obstruction, so any enforcement is likely to depend on the specifics of that particular case.
Note 2: Even where a Traffic Regulation Order imposes a civil contravention for parking on pavements, an obstruction offence may still be committed as these offences exist under separate legislation and are enforced only by police services. In practical terms, however, police services are unlikely to issue FPNs for low-level obstruction offences if the vehicle can be dealt with by the local authority as a routine parking contravention.
Note 3: This assumes that the local authority has taken on civil parking enforcement powers. If that local authority has not been designated as a civil enforcement area, the police service will remain responsible for enforcing all parking offences.
Source: Department for Transport (PPA0233)
3 A list of witnesses the Committee took evidence from, and written evidence submitted to the Committee, is printed in this report. Written evidence and transcripts of oral evidence are available on the Committee’s website.
Published: 9 September 2019