Parking on Pavements – Quick Wins for Local Authorities

How local authorities can work with blind and partially sighted people to build a better future

Based on RNIB's Quick wins and missed opportunities report, June 2012.

What is the problem?

Clear pavements are essential for blind and partially sighted people, however, most report parking on pavements is a regular problem which impacts their ability to get around.

Drivers often mistakenly think they are doing the right thing by keeping the road clear, but fail to realise the consequences of their vehicle now blocking the footpath. The impact is that people with sight loss cannot see the obstruction until it is too late, and collide with the parked vehicle.

To compound the problem, where there is insufficient space for the pedestrian to get past the parked vehicle and remain on the footpath, they will be forced to walk out into the road. For blind and partially sighted people.This puts them at much greater risk from on-coming traffic.

Parking on pavements 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 create another hazard for blind and partially sighted people. The damage also creates extra costs for local authorities, both through reactive repairs and in compensation payments for personal injury claims.

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

Parking on pavements and the law

Highways Act 1980

Section130(1) of the Highways Act 1980 imposes a duty on the Highways 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.

RNIB believes that obstructions to the highway caused by parking on pavements are not 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 obstructions to the highway, places blind and partially sighted people at a particular (substantial) disadvantage, and thereforeis a breach of the Equality Act.

As the duties under the Highways Act are statutory duties, we consider it is reasonable and proportionate for a local authority to exercise their duties under the Act.

Other legislation

In London, parking on pavements has been made illegal 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, totake enforcement action the police require evidence of the vehicle beingdriven.”[5]

Local authorities have powersunder the Road Traffic Regulation Act 1984 to restrict or prohibit pavement parking onindividual streets by means of a Traffic Regulation Order (TRO). However, it is a street by street process, expensive and time consuming, and createsadditional clutter through street signs. It may prove simpler and more effective to use TROs to ban parking across entire areas. Exceptions can be allowed in specific areas, where pavement parking can be justified.

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 else where 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]

In February 2011 the Minister for Transport wrote to councils prompting them to use their powers to prevent parking on the pavement where it is a problem.

The letter stated that 'vehicles parked on pavements can cause particular problems for people in wheelchairs or with visual impairments and those with pushchairs'. Along with the letter, the Department for Transport gave all councils in England permission to use signs to indicate a local pavement parking ban. Until now councils have had to gain special signs authorisation from Government each time they want to put a pavement parking ban in place.

Decriminalisation

The Government is calling for something called 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.

Quick Wins for Local Authorities

Local authorities should embed accessibility into everything they do; this includes the obstructions caused by parking vehicles on pavements.

Local authorities should:

  • Understand the impacts that parking on pavements has on the navigability of streets by proactively engaging, consulting and gathering feedback from local blind and partially sighted people who walk the streets.
  • Build partnerships with, listen and involve blind and partially sighted people in addressing the problems that parking on pavements causes. Councils have local assets such as societies of blind and partially sighted people, who may be very effective ‘go to people’ for reaching those who live in the local area.
  • Take up Decriminalised Parking Enforcement (refer to note below).

Note, The Road Traffic Act 1991 (c. 40) provides for the decriminalization of parking-related contraventions committed within controlled parking zones (CPZ) administered by local councils across the UK.

Local authorities who have already taken on this responsibility should use government guidance to ban pavement parking through a single Traffic Regulation Order covering an entire authority area. Exceptions would be allowed in specific areas, where pavement parking can be justified. Local authority enforcers should issue warning letters to all pavement parkers with a follow up, and fines for repeat offenders.

Examples of good practice

Pavements for People - in Leeds

Pavements for people, is a partnership project between Leeds City Council, West Yorkshire Police and local disabled people. To tackle pavement obstructions the 'Pavement for People' project undertook a mail out to all residents, which included the following information:

'By blocking the pavement with vehicles, wheeled bins or building materials, you are causing danger to pedestrians, especially children, elderly people, blind and partially sighted people, parents with prams and other disabled people. You could be committing an offence. Pavements are not built to take the weight of vehicles, so the local authority may also have a claim for damagecaused to the footpath too'.

Neighbourhood policing teams then began to issue warnings to residents, whilst the local authority bin operatives ensured that wheelie bins were placed in positions that reduced the pavement obstruction caused.

Exeter, Hereford, and Worcester

These are councils which have a similar framework to that in London, whereby pavement parking is banned through Acts of Parliament.

Peterborough

A Traffic Restriction Order was made in 2006, covering some of the city.

For more information contact your local RNIB campaigns team

RNIB have Regional Campaign Officers all over England (and campaigns teams in Wales and Scotland).

Telephone the RNIB Campaigns Team on 020 7391 2123

Email:

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

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

[3] Highways Act (1835 s72)

[4] Highways Act (1988 s51)

[5]

[6] Highway Code, (December 2012)

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