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vehicle obstructing view pulling out of my street

Foster

Distinguished Member
So for about 5 weeks now this vehicle has been parked at the bottom of the street blocking view of traffic coming down, its seriously a hindrance, I've know idea who it actually belongs to at all. What are my options with regards to the law?
20190127_220144.jpg
20190127_220217.jpg
 

mjn

Distinguished Member
You may have luck with the fact it’s a work vehicle parked in a residential area/street.

Some councils have rules to to permit that.
 

Foster

Distinguished Member
I've googled the company and it's a van hire company.
 

MrFraggle

Distinguished Member
It may well be a hire vehicle but it looks like it is contracted to a road maintenance company, not sure how you would fibd out who as no doubt the data protection act will be trotted out if you asked the hire company.

Have you tried a note on the windscreen or the police as the vehicle is also parked on a pavement which I am sure is a no no?
 

Foster

Distinguished Member
It may well be a hire vehicle but it looks like it is contracted to a road maintenance company, not sure how you would fibd out who as no doubt the data protection act will be trotted out if you asked the hire company.

Have you tried a note on the windscreen or the police as the vehicle is also parked on a pavement which I am sure is a no no?

I've tried the police but as its not completely blocking the road they said that it's a council problem.
 
D

Deleted member 498601

Guest
Rule 242
You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.

Laws RTA 1988 sect 22 & CUR reg 103

This van causes unecessary obstruction of the road.

Rule 243
DO NOT stop or park:

  • near a school entrance
  • anywhere you would prevent access for Emergency Services
  • at or near a bus or tram stop or taxi rank
  • on the approach to a level crossing/tramway crossing
  • opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
  • near the brow of a hill or hump bridge
  • opposite a traffic island or (if this would cause an obstruction) another parked vehicle
  • where you would force other traffic to enter a tram lane
  • where the kerb has been lowered to help wheelchair users and powered mobility vehicles
  • in front of an entrance to a property
  • on a bend
  • where you would obstruct cyclists’ use of cycle facilities
except when forced to do so by stationary traffic.

The van is parked within 10 metres of a junction.

Rule 244
You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

Law GL(GP)A sect 15

Not sure if you're in London or not, but the van still should not be blocking the pavement.

Rule 250
Cars, goods vehicles not exceeding 2500 kg laden weight, invalid carriages, motorcycles and pedal cycles may be parked without lights on a road (or lay-by) with a speed limit of 30 mph (48 km/h) or less if they are:

  • at least 10 metres (32 feet) away from any junction, close to the kerb and facing in the direction of the traffic flow
  • in a recognised parking place or lay-by.
Other vehicles and trailers, and all vehicles with projecting loads, MUST NOT be left on a road at night without lights.

Laws RVLR reg 24 & CUR reg 82(7)

The van is parked within 10 metres of a junction.

As far as I can tell from the photos, the van is illegal in various ways. I'm not sure the local council will be too happy about the way the verge has been destroyed either...Give them a bell.
 

noiseboy72

Distinguished Member
I would imagine that it belongs to a local resident who does not have off street parking.

To be fair, the obstruction is less than it might be, as you can see the lane closest to you is free and then pull out slightly to see the oncoming traffic. It could do with being pulled forward a little further to clear the junction, but as the road is lit, I don't see a need for the vehicle to need to have the side lights left on.

Perhaps a note on the wind screen just asking them to move forward a little and explaining it's making pulling out of the side road dangerous would do the trick.

The council are unlikely to get involved, as it's not abandoned or infringing on any signed local by-laws. Their enforcement officers are unlikely to have any powers in this respect and they will probably refer you back to the police.
 

Foster

Distinguished Member
Everywhere on that street has off road parking they are just lazy so and sos, I've contacted the council this morning so i'll see what response I get. But if like magic it was gone when I went to work so we'll see.
 

Sandman

Distinguished Member
If the Highway Code says “must not” then it is a law that must be obeyed. If it says “do not” it is just advice.

For obstruction the road or footway must be blocked to the extent you cannot get past. This is not the case here.
I’m afraid there is nothing that be done about this apart form ask nicely if the driver can move it.
 
D

Deleted member 498601

Guest
If the Highway Code says “must not” then it is a law that must be obeyed. If it says “do not” it is just advice.

For obstruction the road or footway must be blocked to the extent you cannot get past. This is not the case here.
I’m afraid there is nothing that be done about this apart form ask nicely if the driver can move it.

I'm not a wheelchair user, but I think that gap would be quite narrow to fit one down. This would then require a wheelchair user to attempt to go around the van, either by crossing the road (in a now dangerous place) or going on the road and around the van (again dangerous).

I'm not saying the guy is breaking any laws, but he's definitely being an inconsiderate driver.
 

ufo550

Distinguished Member
I would suggest this vehicle has been left in a dangerous position

Road Traffic Act 1988

by virtue of the fact, it’s potential to cause injury i.e. the OP is having difficulty manoeuvring from the junction.
It’s also obstructing the highway, which includes the footpath.

Whether the police would carry out a prosecution is another matter.

It’s another example of employees taking home large vehicles and parking them in unsuitable locations.

I would suggest consulting other residents, to see if they have the same opinion, then taking a collective complaint to police or local authorities. I doubt whether approaching the driver, would have any benefit.
 

Delvey

Distinguished Member
I would phone the police. It may be fine for an abled body person to get past with ease, but not enough for a wheel chair user by the looks of the picture. Therefore they are blocking the footpath. i know GMP move vehicles parked like the above (they post it on their GMPTraffic twitter feed), and maybe given a TOR
 

IronGiant

Moderator
Those traffic pillows have a single white line painted on either side of them that the van/lorry is parked on. While they have no legal meaning as far as I am aware, I think they are there to discourage parking, and as such the Council may take an interest.
 

Foster

Distinguished Member
I would phone the police. It may be fine for an abled body person to get past with ease, but not enough for a wheel chair user by the looks of the picture. Therefore they are blocking the footpath. i know GMP move vehicles parked like the above (they post it on their GMPTraffic twitter feed), and maybe given a TOR

I've spoken with the police via 101 and they said as it's not physically blocking the road and is just obstructing it then it isn't a police matter :facepalm:

That is West Yorkshire police.
 

Foster

Distinguished Member
Those traffic pillows have a single white line painted on either side of them that the van/lorry is parked on. While they have no legal meaning as far as I am aware, I think they are there to discourage parking, and as such the Council may take an interest.

Yeah I've contacted my local council so i'll see how that goes.
 

Delvey

Distinguished Member
I've spoken with the police via 101 and they said as it's not physically blocking the road and is just obstructing it then it isn't a police matter :facepalm:

That is West Yorkshire police.
From GMP Twitter.
Screenshot_20190128-134546_Twitter.jpg

I'd question why West Yorkshire Police will not act if GMP do. Sounds like they are being lazy
 

ufo550

Distinguished Member
I've spoken with the police via 101 and they said as it's not physically blocking the road and is just obstructing it then it isn't a police matter :facepalm:

That is West Yorkshire police.

That’s the trouble speaking to a civilian operator, they don’t know the law. A vehicle ‘legally’ parked, is causing an obstruction of the highway, but it would unjust or ill thought to prosecute.

You would need to build your case, if there is one, by getting together residents of the same mind, and then make a complaint to the neighbourhood police team.
 

IronGiant

Moderator
I'd question why West Yorkshire Police will not act if GMP do. Sounds like they are being lazy
To be fair, the distance between that van and the lamp-post is about a foot and a half. No way it's not an obstruction. You could still get a single buggy past that lorry in Foster's photos
 

Foster

Distinguished Member
To be fair, the distance between that van and the lamp-post is about a foot and a half. No way it's not an obstruction. You could still get a single buggy past that lorry in Foster's photos

Yeah you could just about get a single through
 

Delvey

Distinguished Member
To be fair, the distance between that van and the lamp-post is about a foot and a half. No way it's not an obstruction. You could still get a single buggy past that lorry in Foster's photos
Could you get a wheel chair though? That is the issue. The chances of someone in a wheel chair wanting to get thought are slim, but it is a possibility
 

Foster

Distinguished Member
Well it wasn't there tonight either so maybe it has buggered off.
 

Delvey

Distinguished Member
It doesn’t look like GMP are actually doing anything other then shaming the driver on twitter though.
I imagine they'll get a letter through the post, much like when you get a speeding ticket
 

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