Avon and Somerset police have just responded to a fine freedom of information request about their policies, instructions, strategies and powers in relation to pavement parking in Bristol (and in particular within the BS7 and BS8 postcodes). Their response is more informative by what it omits than for what it says.
Here is my summary of the questions and their answers. Refer to the FOI request for exactly what the questions were and the responses.:
Q: Details of any parking enforcement policy (or part of any policy), strategy or instruction (informal or informal) provided to officers/staff.
A: They have no particular policies, strategies or formal/informal advice and officers are expected to use their discretion taking all the circumstances into account at the time. I know that the police in my area are hazy about all the complex and ever changing legislation even thought they have a leaflet (which is incomplete and contains errors). Judging by the rest of their response Avon and Somerset Police are also ‘hazy’ on the legislation and on at least one occasion they have concluded that parking completely across the pavement on a blind residential street is not obstruction. Also… of course there will always be informal advice/practice on an inflammatory issue as parking where there is an absence of formal guidance.
Q: Your organisation’s responsibility and powers in relation to enforcement against pavement parking.
A: To act where they have powers, but not in response to yellow lines etc as responsibility for these has been transferred to the council. See below for details of the list of powers they identify and the apparent gaps in their knowledge.
Q: Have you undertaken an Equalities Impact Assessment in relation to the above?
A. No response provided.
In detailing their powers in relation to pavement parking they identify the following (all of which are valid as far as I know):
- Highways Act 1980 (section 137.1) Wilful obstruction of a highway by a motor vehicle £30 non endorsable)
- Road Vehicles Construction and Use Regulations 1986 (regulation 103) Cause unnecessary obstruction by motor vehicle /trailer £30 non endorsable
- Road Traffic Offenders Act 1988 (section 52) Powers to issue a fixed penalty notice
- Road Traffic Act 1988 (section 19.1) Park an HGV partly/wholly on a footway/verge £60 non endorsable
- Road Traffic Act 1988 (section 22) Cause vehicle to be left in a dangerous position. £60 endorsable
- Road Traffic Act 1988 (34.1b) Drive vehicle on a footpath/bridleway etc. non endorsable. £30 offence
- Road Traffic Act 1988 (section 42) Cause unnecessary obstruction by motor vehicle /trailer £30 non endorsable
- Road Traffic Offenders Act 1988 (schedule 2) Cause unnecessary obstruction by motor vehicle /trailer £30 offence
They do, however, fail to mention the following additional powers which I believe are relevant:
- Highways Act 1980 ( Section 148 and Section 149) it is an offense if ‘a person deposits any thing whatsoever on a highway to the interruption of any user of the highway without lawful authority or excuse‘
- Road Traffic Act 1988 Act (Section 21). An immediate offense to park ‘wholly or partly’ on a share-use path
- Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (Section 18 and schedule 4). Pedestrian crossing (including the area marked by the zig-zag lines. Enforceable by police even in civil enforcement areas (The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 – Section 7.1).
- Traffic Management Act 2004 (section 86). Dropped kerbs for pedestrians to cross road (including places where the carriageway has been raised to meet the level of the pavement).
- Highway Code (rule 238) prohibition of parking, waiting, stopping or setting down/picking up on School zone (identified by the yellow zig-zag lines).