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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70527
Experience:  Over 5 years in practice.
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I understand that the law relating to access protection has

Customer Question

I understand that the law relating to access protection has been changed.Could you please explain how the key points will now affect my attempts to dissuade drivers from blocking our vehicle access which has an access bar and dropped curb.
Please tell me the name and date of the law or regulation containing the new requirements.
Please communicate via email:
Clifford ***** *****
*****@******.***
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Please be more specific as I thought I my request for information was quite clear and explanatory .

Expert:  Jo C. replied 3 years ago.
I'm sorry if I'm missing the point I don't understand your question?

What do you mean by access protection?

Do you mean causing an obstruction?

Would it be possible to ask a specific question?
Customer: replied 3 years ago.

Local authorities paint an advisory white line in front of the vehicular access to of a property.This is currently known as an Access Protection Bar.It tells drivers that vehicles require space left to access the entrance.


 


Yes its all about trying to understand new law and what that law is known as which penalizes drivers who obstruct the entrance.


 


Please ask any relevant questions you like.

Expert:  Jo C. replied 3 years ago.
So, in short, you mean drivers who obstruct the highway?

Customer: replied 3 years ago.

Where I drive into my driveway from the highway.

Expert:  Jo C. replied 3 years ago.
And people park across that entrance?

Is it a dropped kerb?
Customer: replied 3 years ago.

Yes but to varying degrees of obstruction.


 


It is a dropped kerb.

Expert:  Jo C. replied 3 years ago.
There is a criminal offence of causing an obstruction here

http://www.legislation.gov.uk/ukpga/1980/66/part/IX/crossheading/obstruction-of-highways-and-streets

What is 'obstructing' is very badly defined as its not only rarely used for parking matters as opposed to objectionable protests but it generally leads to a fixed penalty if the passage cannot be negotiated by reason of the parking.

There is also a de criminalised contravention for which the local council can issued a fixed penalty in parking across a dropped kerb. This is generally contravention code 27. The Traffic Management Act 2004 allows councils to issue a fixed penalty to deal with this matter.

You do not need to block the entire dropped kerb. Overhanging even a few inches is normally suficient.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thank you.


I will be replying later today as i will probably ask for clarification on a few points.

Expert:  Jo C. replied 3 years ago.
Ok.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.


Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

For jo C


 


re the de criminalised contravention:


 


Could my local authority refuse to issue a fixed penalty notice by claiming that the whilst the overlapping vehicle makes passing through difficult with care I could nevertheless negotiate it safely? Does the law demand they take enforcement action or can they opt out of same?

Expert:  Jo C. replied 3 years ago.
Yes, they can do that but that won't be the reason.

The local councils just don't patrol anywhere that isn't profitable for them. Unless they independently come across this they will not act.

The police do respond to complaints whereas the local council do not generally.

The local council can refuse to become involved in anything.
Customer: replied 3 years ago.

For jo C


 


I usually attach a request to regular overlappers to desist but it is getting worse and when I heard that the law now applied to dropped kerb overlappers I started looking for a form of word to advise any overlapping vehicle user that they run the risk of a fixed penalty in accordance with the provisions of The Traffic Management Act 2004.


Can you confirm that this act is the latest one as when I think about it 2004 is 10 years ago.?

Expert:  Jo C. replied 3 years ago.
yes, its the latest statute.

Customer: replied 3 years ago.

Thank you.


I have no more questions on this matter and I have already rated your answers.

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.