Tag Archives: section 143

Anyone for a burger?

6 Apr

A while back I blogged about the ‘toilet van’ that is regularly parked across a pavement near where I live. The latest arrival is a burger trailer which now appears to have taken up permanent residence half on/half off a pavement on a road close to a local shop which is used by over 1,000 pedestrians a day during term-time. I wrote to the local police a few weeks ago asking them to do something about this, and to various other very badly parked vehicles with no response – and the trailer is still there. In case anyone is interested, authorities have the power to remove “any structure [that] has been erected or set up on a highway“, including “any machine, pump, post or other object of such a nature as to be capable of causing obstruction notwithstanding that it is on wheels”.(Highways Act 1980 Section 143)

Burger trailer being illegally ‘stored’ half on the pavement

Leaving structures on the highway

8 Oct

Section 143 of the Highways Act 1980 gives authorities powers to remove any “structure [that] has been erected or set up on a highway“, including “any machine, pump, post or other object of such a nature as to be capable of causing obstruction notwithstanding that it is on wheels”. This is interesting. This covers things that ‘are capable of causing an obstruction’ with no requirement to prove that it was an ‘unnecessary obstruction’ and a ‘willful obstruction’ and that anyone was actual obstructed all of which make other obstruction regulations pretty much useless.

So… the question of course is when is a vehicle a structure and covered by this act. I have been looking out recently for mobile homes and similar stuff. Here are a few examples. The first one is, I understand, owned by an active member of the green party who prefers to leave it on the road / pavement rather cluttering up his pretty front garden. The second one is appropriately called a ‘highwayman’ (as in highway robbery?). The final three pictures show a very large caravan which has been left on the verge for so long that the grass has died under it. Possibly the magic ingredient is the number plate – even the caravan has a number plate (even though one doesn’t actually need to pay any vehicle tax for a number plate for a caravan). I would so love to stick up a shed on the highway and see how long it took for the council to come round an complain! My guess is that they would be round within 24 hours demanding that it was removed. Possibly I should put a number plate on it?

Mobile home left almost permanently on the pavement

This one is even called ‘Highwayman’

Huge caravan almost permanently on the verge

A 4×4, caravan, car and large van outside one house

Clearly this caravan hardly ever moves from here