Discriminatory/Hypocritical UK laws in either concept or enforcement

[Dentonian]

I just wonder how many laws passed by the National Government/Judiciary are discriminatory? As most on this forum will be aware, different laws govern bus services outside Greater London to those in Greater London and have done for over three decades. Sticking with transport (and sending a similar message), I have only recently learnt that parking on pavements is illegal in London, but not outside London. This is not only further Regional discrimination, but surely contravenes accessibility legislation.

What it basically means is that if you park a (motor) vehicle in such a way as to obstruct a wheelchair user or someone pushing a pram etc, then you can be prosecuted in London, but wheelchair users outside London have no such rights to independently get around. How is this morally, never mind legally justifiable?

And then there is the discrimination in terms of enforcing the law. Notwithstanding reduced patrols, which crimes/offences would Police Officers stop to prosecute if they witnessed it themselves, and which would they turn blind eye to? Similarly, which parking offences do Wardens deliberately ignore? And then there is the question of which areas are patrolled and why?

 

[transmanche]

I have only recently learnt that parking on pavements is illegal in London, but not outside London. This is not only further Regional discrimination, but surely contravenes accessibility legislation. What it basically means is that if you park a (motor) vehicle in such a way as to obstruct a wheelchair user or someone pushing a pram etc, then you can be prosecuted in London, but wheelchair users outside London have no such rights to independently get around. How is this morally, never mind legally justifiable?

Well, it's not quite as simple as that.

The prohibition of parking on pavements in Greater London originally comes from powers under the Greater London Council (General Powers) Act 1974. This is a 'local act' promoted by a local authority and thus only having effect in that area. All local authorities (can) do this. For example, City of Newcastle upon Tyne Act 2000 gives the council (amongst other things) the power to regulate the distribution of free literature in public places. Or the Birmingham City Council Act 1991 which allowed the council to dispose of Cannon Hill House. So local acts allow local councils to obtain powers (with the consent of Parliament) to control things that are deemed to be important locally.

The effect of the Greater London legislation means that you can get a ticket for parking on the pavement - even if it's just one wheel. There are many exceptions to this, especially on narrow streets and in places with wide pavements where signs (and lines) indicate where pavement parking is allowed. But the idea is that there will always be enough room for a wheelchair or buggy to get past.

So perhaps the question you should be asking is, why haven't other local councils sought similar powers to prohibit pavement parking?

 

[Bletchleyite]

A wonderful curiosity of the law in the UK is that it is an offence to drive a motor vehicle on the pavement, but finding one parked thereon is not considered adequate evidence of that offence having taken place, because it could technically have been pushed there which is not an offence (though somewhat unlikely unless it was broken down).

 

[Dentonian]

Well, it's not quite as simple as that.

The prohibition of parking on pavements in Greater London originally comes from powers under the Greater London Council (General Powers) Act 1974. This is a 'local act' promoted by a local authority and thus only having effect in that area. All local authorities (can) do this. For example, City of Newcastle upon Tyne Act 2000 gives the council (amongst other things) the power to regulate the distribution of free literature in public places. Or the Birmingham City Council Act 1991 which allowed the council to dispose of Cannon Hill House. So local acts allow local councils to obtain powers (with the consent of Parliament) to control things that are deemed to be important locally.

The effect of the Greater London legislation means that you can get a ticket for parking on the pavement - even if it's just one wheel. There are many exceptions to this, especially on narrow streets and in places with wide pavements where signs (and lines) indicate where pavement parking is allowed. But the idea is that there will always be enough room for a wheelchair or buggy to get past.

So perhaps the question you should be asking is, why haven't other local councils sought similar powers to prohibit pavement parking?

Hmm! Interesting. Possibly one for the Elected Mayor(s)

 

[PeterC]

If you actually *obstruct* the footway you can be prosecuted but only by the police which is most unlikely to happen. In London having wheels on the footway will make you liable to a Penalty Charge Notice which can be issued by a local authority Civil Enforcement Officer.

I got a PCN once after parking at 1am at the end of a row of cars all with two wheels on the pavement, it was late and I didn't notice that the permissive area stopped with the car in front of me. The joke was that there was far more room to pass where I was parked than in the area permitted for pavement parking.

 

[PeterC]

A wonderful curiosity of the law in the UK is that it is an offence to drive a motor vehicle on the pavement, but finding one parked thereon is not considered adequate evidence of that offence having taken place, because it could technically have been pushed there which is not an offence (though somewhat unlikely unless it was broken down).

strictly speaking it is an offence to drive along the pavement. You can drive by the shortest route across it to access roadside property.

 

[Dentonian]

If you actually *obstruct* the footway you can be prosecuted but only by the police which is most unlikely to happen. In London having wheels on the footway will make you liable to a Penalty Charge Notice which can be issued by a local authority Civil Enforcement Officer.

I got a PCN once after parking at 1am at the end of a row of cars all with two wheels on the pavement, it was late and I didn't notice that the permissive area stopped with the car in front of me. The joke was that there was far more room to pass where I was parked than in the area permitted for pavement parking.

Just to clarify, out of interest; when you say you parked at 1 am, I assume it was at least 8 hours later you were ticketed, and you were parked somewhere close to a suburban centre?

 

[Bertie the bus]

There are certainly laws which can be used against people who block pavements outside of London. Don’t ask me which ones because I don’t know, but there are problems with parking in Preston city centre these days, mainly because nobody is quite sure what a shared space actually is. This has made the media and the police say that although parking is a matter for the council if cars block pavements so there is not enough space to get a double pram through they will remove them. I doubt they have though.

 

[TheNewNo2]

strictly speaking it is an offence to drive along the pavement. You can drive by the shortest route across it to access roadside property.

And if your route is 1mm longer than necessary it's 6 penalty points.

 

[yorkie]

We really should be stricter when it comes to selfish individuals obstructing footpaths with vehicles.

strictly speaking it is an offence to drive along the pavement. You can drive by the shortest route across it to access roadside property.

Or any route shorter than the shortest route, or no longer than 3 metres longer (except where permitted by an easement)

 

[PeterC]

Just to clarify, out of interest; when you say you parked at 1 am, I assume it was at least 8 hours later you were ticketed, and you were parked somewhere close to a suburban centre?

In a London borough and it was about 6 hours later. It wasn't so much the ticket that annoyed me but the fact that it was already on the car at 8am.

 

[Jonny]

I got a PCN once after parking at 1am at the end of a row of cars all with two wheels on the pavement, it was late and I didn't notice that the permissive area stopped with the car in front of me. The joke was that there was far more room to pass where I was parked than in the area permitted for pavement parking.

A case of regulation first, and any safety gained is merely a side effect?