Tag Archives: legislation

When the law is optional….

5 Apr

I promised to post a photo showing how carefully these socially-minded fitters from Express Glass had created a safe route for pedestrians around their vehicle when while they fitted a heavy plate-glass window to this shop in central Ipswich. They seemed surprised when I said that I found this level of consideration and awareness of the law and the Highway Code unusual.

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Many other businesses who should know better seem to see what they can get away with… 24 hours earlier I had spotted fitters from another glass company, who were installing a window in our local MP’s office, and who didn’t seem to have gone to any great effort to accommodate the needs of pedestrians. Possibly the staff in Ben Gummer’s office could have said something?

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And this was not a one-off, here are another set of workmen with a large vehicle up on the pavement outside his office.

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Needless to say, it is MPs who create the laws, and people who break the laws may end up being taken to court in one of these vans. It does seem a bit ironic then that Serco park up on the pavement outside the back of Ipswich Magistrates’ Court on double-yellows in a no-loading zone. They do this regularly, and the receptionist explained that traffic warden has given them permission to do it. Doesn’t exactly send a good message to wrong-doers does it!

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And of course yellow Lines don’t just appear by magic, they need to be painted onto the road by people who drive heavy lorries like this ones. Seems ironic then that they have chosen to park it up on the pavement across a cycle lane on a section of double yellows in a no-loading zone. Possibly they shouldn’t bother painting them at all?

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Speaking of double yellow lines, privatized of the Royal Mail by our MPs has regrettably not stopped their staff from blocking pavements on a regular basis. In this picture we have not one, but two Royal Mail vans blocking the same pavement which takes some skill! When I ask them to not do this, they typically point to the royal crest and say that they are on queen’s business. Needless to say, they no longer serve the queen, and unfortunately I can’t see anything much that is ‘royal’ about them any more.

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Privatisation of mail delivery was of course designed to create competition which is good and drives down prices and gives choice. One unfortunate expression of this competitions seems to be for these companies to attempt to deliver fastest with fewer drivers in larger vehicles (where did postman Pat and his bike go?) and explore which laws can be ignored in pursuit of profit. Here is a very large TN lorry up on the pavement on yellow lines in a busy city-centre street.

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And it’s not just TNT – here are UPS delivering to an address in the same street, one which happens be a major pedestrian route between the town centre and the waterfront. Notice the muddle of people trying to pass each other on the bit of remaining pavement. This particular driver appears however to take pleasure in ignoring all requests to be more considerate, and has reassured me that ‘he has never got a ticket’.

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Needless to say, police forces are not always that keen on enforcing the law, as in this famous case where the police in Bristol apparently deemed that this car, parked fully across the pavement on a bend was not causing an obstruction!

Police in Bristol said that this car was not causing an obstruction

What really worries me however, is when I saw this milkman parking up on pavements on double yellows just as kids are on their way to school. He evidently choose to avoid the hassle of driving all the way into the free car park visible in the left of the picture because it was more convenient for him to simply dump his vehicle on the pavement.

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All of the above seems to confirm that authority has no great interest in pedestrians and their needs. The people who make the laws don’t seem to be too worried about them, nor are the people paid to implement the related regulations, nor are those employed to deal with people who break the other law interested in obeying them. Creating a competitive market for deliveries in these conditions only increases the chaos, where competing companies are incentivised, indeed almost compelled, to see which laws are optional in pursuit of greater profits!

 

To be continued….

 

Avon and Somerset Police: policies, strategies and powers

23 May

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).