What can I do about parking on pavements ?

What is the problem ?

Moving around safely on pavements is essential for blind and partially sighted people. However, in too many places drivers park on the pavements, often mistakenly thinking they are doing the right thing by keeping the road clear. This means that people with sight loss may collide with cars parked on pavements potentially causing injury. If the car does not leave enough space, or there are other obstacles, pedestrians may have to walk out into the road to be able to get past and this obviously means they will be at risk of being hit by other traffic.

Inconsiderate parked vehicles can cause a hazard and restrict the freedom of many people with sight difficulties who need to use pavements without worrying about obstacles that might be blocking the way.

Parking in this fashion not only causes obstruction, but also damages the pavement. According to Guide Dogs [1], cars and lorries parking on pavements and mounting kerbs, are one of the main contributing factors to damaged pavements. The weight of vehicles either cracks paving or contributes to tarmac surface subsidence. Damaged pavements can be difficult to negotiate so can also be a hazard to blind and partially sighted people. As well as this, it is costly for local authorities, both through reactive repairs and in compensation paid due to accidents caused.

RNIB wants to see greater awareness amongst car drivers about the difficulties they cause to blind and partially sighted people and other pedestrians if they park on the pavement. We want the police and local authorities to take this issue seriously and take action against those who obstruct pavements.

Parking on pavements and the law

Highways Act 1980

Section130 (1) of the Highways Act 1980 imposes a duty on the Highways Authority to assert and protect the rights of the public to use and enjoy the highway. This general duty is reinforced by s.130 (3) which states that the highway authority have a duty to prevent, as far as possible, the obstruction of the highway.

Not every obstruction of the highway will be unlawful, for example vehicles in some areas are permitted to unload. This may be considered a reasonable use of the highway. Use of the highway is a matter of give and take. However, in RNIB's view, obstructions to the highway caused by parking on pavements are unlikely to be considered a reasonable use of the highway.

Equality Act 2010

Under the provisions of the Equality Act 2010, it is unlawful for service providers and those exercising public functions, including highways functions, to discriminate against disabled people. This includes a duty not to indirectly discriminate and to make reasonable adjustments where existing arrangements place a disabled person at a substantial disadvantage. In RNIB's view, a failure by a Highways Authority to exercise its duties under the Highways Act to prevent highway obstructions, places blind and partially sighted people at a particular (substantial) disadvantage and therefore is in breach of the Equality Act.

As the duties under the Highways Act are statutory duties, we consider that it is unlikely that a local authority will succeed in arguing that exercising their duties under the Act would be unreasonable or not proportionate.

Other legislation

In London, parking on pavements is illegal and therefore banned under the Greater London Council Act (1974), except for specifically designated areas. In the rest of the UK the law is more complex. Heavy commercial vehicles are banned from parking on the footway [2], except when they are unloading or the vehicle is not causing an obstruction. It is also illegal to drive a vehicle on the footway [3] and, as already mentioned, to cause an obstruction [4].

Enforcement of the law

Clearly, it is illegal to drive on the pavement. The Central

Scotland police say:

“It is an offence for any person to drive on or obstruct the footpath. However, to take enforcement action the police require evidence of the vehicle being driven.” [5]

Local authorities have powers to make a Traffic Regulation Order (TRO) under the Road Traffic Regulation Act 1984 to restrict or prohibit pavement parking on individual streets. However, this is an expensive, laborious process to go down on a street by street basis and creates additional clutter through street signs. It appears that using TROs to ban parking across an entire area may be simpler and more effective. Exceptions could be allowed in specific areas, where pavement parking would be acceptable.

Parking and government policy

The Highway Code states in rule 244:

‘you MUST NOT park partially or wholly on the pavement in London and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or push chairs’ [6]

Decriminalisation

The Government is calling for decriminalisation of parking, which encourages local authorities to apply to take over parking responsibilities from the police. It is called decriminalisation because parking offences become civil rather than criminal. All London councils have been responsible for parking since 1986. However, there are many parts of the country where decriminalisation has not yet happened.

According to Living Streets [7], those local authorities that have taken over from the police are issuing many more parking tickets than the police did previously. The local authority employs parking attendants and is able to keep the money from parking fines to spend on local transport improvements. Consequently, enforcement of the laws can be self-financing and no cost to the public purse.

What have RNIB and campaigners been doing about this?

RNIB's regional campaigns team has already been supporting local campaigners on this issue. For example, in Essex a coalition has formed involving the local MP, the county council, the district council, the county Access Forum, National Federation of the Blind, RNIB and the police. They have developed a traffic light system to warn drivers. This begins with a "green" general information leaflet to raise public awareness. An "amber" leaflet is then placed on the windscreens of cars parked on pavements by neighbourhood police teams. They record the licence plate number of the car and take photos of the offence. A "red" leaflet is the final warning, and if the car is seen again obstructing the pavement the police will take further action. The positive news is that the campaign is working so far. During the first months of the leaflets, there have been no repeat offenders after an "amber" leaflet had been issued. It is important to involve the police and local authority fully in these kinds of campaigns. Only police officers, PCSOs or local authority parking attendants should put leaflets on cars. Campaigners and members of the public should not place leaflets or stickers on cars, or take any other action which might cause damage or confrontation.

What can you do?

Start your own campaign. There are lots of actions you can take either on your own or in a group.

1. Collect evidence .

If there is a problem with cars parking on pavements in your area, try to collect evidence. You could keep a diary of the times and places where it is a problem. Another idea would be for someone with a digital camera which displays a date to take pictures over the course of a number of days. You could also have pictures taken of people struggling to get past the parked cars or having to walk in the road.

Please ensure the safety of anyone involved in this - no-one should put themselves at risk.

2. Contact your local police

The best way is to attend a local forum that the police are organising which are often advertised locally or on your local police force website. You can also write to your local sergeant, chief inspector or police commissioner asking them to take action against people who park on the pavement. Give them examples from your evidence. Ask them, if they have not done so already, if they will ask the Chief Constable to use his/her discretion to give PCSOs the power to remove vehicles which are "abandoned or left to rest”. Tell them about the campaign to stop cars parking in Essex and ask if they are doing anything similar, or what action they are planning to take.

You could also write directly to the Chief Constable or the Police Commissioner for the area and ask if they will consider using this discretionary power.

3. Write to your local authority

Find out if they have taken on the responsibility for parking from the police.

If they have not yet taken on the responsibility for parking, ask them if they are planning to do so and when. You could promote the fact that enforcement of parking is self funding for local authorities. They also still have a duty to promote the equality of disabled people. Therefore, highlight that parking on pavements limits the mobility and opportunities of disabled people and that local authorities are under an obligation to tackle this where parking on land which is the council's responsibility. You could send copies of your evidence or photos. You could also offer to show your councillor or council official the problem by taking them to visit problem areas.

If they have taken on the responsibility for parking from the police, then send them copies of the evidence and ask them to visit hot spot areas. Ask them what they can do about the problem and highlight the example in Essex and ask if a similar scheme can be developed in your area. You could ask local authorities if they would consider banning pavement parking through a single TRO covering an entire authority area. Exceptions would be allowed in specific areas, where pavement parking would be acceptable.

4. Write to your MP

Although your MP does not have a decision making power relating to cars on pavements, they are influential and will often be supportive. Ask them to write to the council and the police to find out what action they will take and how they intend to enforce it.

5. Write a letter to your local newspaper

If you get this published, it will help to raise awareness of the issue and other people may come forward and tell you it is a problem for them too. Local councillors and MPs are also likely to take notice.

6. Ask your local newspaper to run a local campaign .

Your local newspaper is likely to be interested in this issue, particularly if you can show them where it is a problem, and you have someone who is prepared to act as a case study and tell them how it affects their safety.

They may even be prepared to run a local campaign to stop cars parking on pavements; they could highlight places where it is particularly dangerous. For example, near schools where children are likely to be placed in danger.

7. Get a coalition together

You will need to work in partnership with other blind and partially sighted people, other disabled people and wider groups such as parents and older people. You will also need to work closely with your local and county council, and the police.

You will need to work out exactly how bad the problem is, and where the worst areas are, and what you want the police or the council to do. You can also think of ways to raise the awareness of drivers, who perhaps don't understand the effect of their bad parking.

Contact the RNIB campaigns team

We can help you plan your campaign. RNIB has a network of campaign officers and campaign volunteers throughout the country that may be able to provide support and assistance. Please contact us to tell us about problems with cars parking on pavements, we need to know!

Telephone: 020 7391 2123

Email:

References

[1] J. White and J. Geris (2010). Cracking under pressure. Guide Dogs.

[2] Road Traffic Act (1988 s19 and s20)

[3] Highways Act (1835 s72)

[4] Highways Act (1988 s51)

[5] www.safercentral.com/faq/motoring.php

[6] Highway Code, ect.gov.uk/en/TravelAndTransport/Highwaycode/index.htm (December 2012)

[7] Living Streets (2010). Parking and the pedestrian. Policy Briefing 01/10.