Parking on the Pavement in Croston - is it illegal? Information from the R.A.C.
24th of February, 2024
Parking on the pavement - is it illegal? Please note : The Following is taken from the R.A.C. Website 2024 and is not written by the Parish Council
The whole of the UK could soon follow London in making parking on pavements illegal - but is it the right thing to do?
The Department for Transport (DfT) has announced it’s considering bringing the rest of the country in line with the capital’s rules – which could land drivers with a £70 fine Fixed Penalty Notice.
Here we look at the current laws.
Is it illegal to park on the pavement?
Parking on the pavement is not illegal outside of London. You can, however, still get a fine for doing so in some instances, which makes the law quite a grey area.
Since 1974, Highway Code rule 244 has stated that drivers "MUST NOT park partially or wholly on the pavement in London and should not do so elsewhere unless signs permit it."
The key things to note here are the words must not and should not.
In London, you must not park on the pavement, the must indicating there is legislation behind this rule and you could receive a fine for breaking it.
However, outside of the capital or “elsewhere”, the Highway Code states drivers should not park on the pavement, meaning it is advisory and not, therefore, backed up by any legislation.
Rule 242 is where it gets a little less clear, stating: "You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road."
This is a must not, again, meaning if your car is reported or seen by a police officer and judged to be either in a dangerous position or causing an unnecessary obstruction of the road, you could receive a Fixed Penalty Notice.
What the RAC advises: ( Please Note: Examples in bold added by Parish Council)
Outside of London, we advise people to use common sense when faced with no other option but to park on the pavement.
If you are parking along a narrow road (eg roads in Croston), where parking wholly on the road would stop other cars, and particularly emergency vehicles, from getting through, then it is a sensible option to park partially on a pavement, providing there are no parking restrictions and providing you are not blocking a wheelchair user or pram from using the pavement.
If there are restrictions, or your parking would cause wheelchair users or people with prams to have to walk into the road, then you should find somewhere else to park (e.g. Out Lane Car Park).