New rules protect dropped kerbs

15 Oct

The Traffic Management Act 2004 (section 86) introduced to protect dropped kerbs from parked cars. It also covers places where the carriageway has been raised to meet the level of the footway for the same purpose.

To quote my local authority ‘ If an enforcement officer observes a vehicle parked fully or partly on a dropped footway provided for ease of access to cross a road or at a pedestrian crossing the motorist will receive an automatic penalty charge notice.’ This change means that it will finally be an offense for which a vehicle owner can be given a penalty notice to do this:

A Prius parked across a dropped Kerb is now always an offence

Again, this is now an offense (ie parking across a dropped kerb)

Car parked on dropped kerb

Conveniently for motorists the same regulatory change appears to allow home-owners to ‘claim’ the highway outside their house for their own private us! Our authority explains ‘If you find an inconsiderate motorist blocking the dropped kerb access to your home you can get in touch with Ipswich Borough Council’s Parking Service and action will be taken’.

Notice that it is only the owner of the property who can complain in this instance. This of course means that anyone who replaces their front garden with a parking place and a dopped-kerb now gets two protected spaces for the price of one. The first being in their (ex) front garden, the second right outside their house on the highway. I have created a separate post about why the car on the pavement is not currently causing an obstruction. Which all means that we can probably expect a lot more of this:

Dropped kerb creating parking for 2 cars

Finally… this car is not covered by the 2004 Regulation because it is not on the carriageway and my authorities would probably consider that it was not current obstructing anyone!

Probably not an offense!

In the above photo notice, yet again, a roadways sign that is obstructing the pavement. See my post about obstruction warning signs that cause an obstruction!

5 Responses to “New rules protect dropped kerbs”

  1. Rob March 10, 2014 at 2:50 am #

    You seem to be missing the point of dropped kerbs,Dropped kerbs outside residences are there for the benefit of the property owner,not the general public,which is why residents are not prosecuted for parking on their own dropped kerb,One cannot commit an offense against oneself..and neither can a visitor to their property.Workmen and delivery drivers may park on dropped kerbs too,dropping off and picking up is allowed too and most local authorities don’t have special enforcement areas in all places of their boroughs,so most dropped kerbs cannot be enforced as a parking offense.

    • Boris October 23, 2014 at 7:15 pm #

      What you also fail to realise that parking offences were de-criminalised in 1993 I think it was so if you parking charge notice has the word offence, I.e date/time of offence you need to appeal as offence relates to criminal law and you have not committed an offence only contravened a by-law

      • PeterEastern October 23, 2014 at 7:25 pm #

        Needless to say, this blog is focused on creating good laws that are effectively enforced. Thank you for the information, we will highlight the need to get notices formulated correctly.

        By way of clarification re the earlier comment – dropped kerbs for accessing private property can be blocked with the permission of the property owner unless there are other regulations that prohibit this. Dropped kerbs used by pedestrians to cross the road must however not be blocked.

  2. John Fitzgerald June 30, 2015 at 8:29 am #

    very good excellent advise

    • James Barnes February 5, 2018 at 10:50 am #

      What is the situation where a householder with a dropped kerb has fenced off the access to his front of house space. Can he still claim the space on the public road is his private parking space?

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