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IMHO the random roadside parking of vehicles is absolutely appalling, and like many things in our now seriously blighted country, has got totally out of control. !!! I personally agree with your suggestion to paint double yellow lines and force people to park off road, but because this will force many people out of their cars and the government will lose too many millions in lost taxation, this will never happen. I know in many instances in urban areas, parking space is at an utmost premium, and off road parking is out of the question, but I feel that where motorists have front garden space that could be utilised, goverment should offer grants to assist in getting these vehicles off the public highway !! Rant over !!!!
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If the cars obstructing your view were legally parked (ie: not obstructing access or subject to parking restrictions indicated by single or double yellows), they bear no responsibility at all, moral or otherwise, for any potential accident. The onus is on you to proceed with extreme caution if visibility is restricted to this extent - annoying, I know, but...
Parking around my office is a classic example - large building, built late sixties, totally inadequate car-parking reflecting the commuting patterns of the age, leading to increasing pressure on the nearby housing estate. I do feel sorry for those householders who don't have off-road parking, and are forced to compete for road space, but not to the extent of giving up the comfort and convenience of my car!
Many of the residents seem to believe erroneously that they have title to the piece of public highway in the vicinity of their property, and (naturally) become argumentative when corrected.
In an effort to ameliorate the problem slightly, the council has recently laid down yellow lines in sensible places - to stop parking around bends and the like - so they do listen if the residents shout loud enough. On the other hand, if clear visibility from every driveway was a criteria for yellow-line painting, there would be little or no off-road parking left in many urban streets!
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Even if the cars were parked illegally, you would still bear responsibility if you pulled out in front of something and caused an accident.
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I have exactly the same problem in my road, teabelly.
One thing that annoys me in particular is that there are several junctions in the road, and many people park right up next to the junctions so that visibility is almost zero.
Isn't there a certain distance which must be left free when parking near a junction? And would those parking too close be considered to be parking illegally?
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Permission to join your Club Teabelly of which it seems HF is also a member.Have the same problem trying to get out of DVD Towers onto the main road due to parked vehicles. Below is some notes I have made to approach L.A. to provide passing places and clear junctions.
No person in charge of a motor vehicle shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction.
(Regulation 103, Road Vehicles (Construction and Use) Regulations 1986). The punishment for this offence being £1000.
(Section 42, Road Traffic Act, 1988 and Schedule 2, Road Traffic Offenders Act, 1988.)
Obstruction can be caused by actual physical obstruction of an essential line of traffic, e.g. taking up half of a busy road, so that single line working has to be employed. While there must be proof of unreasonable use, whether or not use amounting to an obstruction was or was not unreasonable use is a question of fact, depending on all the circumstances, INCLUDING THE LENGTH OF TIME the obstruction continued, the place where it occurred, the purpose for which it was done and whether it caused an actual as opposed to a potential obstruction. Or, it may be the unreasonable use of the right of stopping even though there is plenty of room for others to pass.
In Soloman v Durbridge (1956) it was held that a motor vehicle left on a road for an unreasonable time (5 hours) might be unreasonable obstruction. Further, in Gill v Carson (1917) and Nelmes v Rhys Howells Transport Ltd (1977) ? an important consideration is the purpose for which the road was being used by the vehicle causing the obstruction. The highway provides a means of transit and is not intended as a store.
HF mentions not to park within so many feet of a junction. All that is mentioned on this point is that an exemption from displaying parking lights on vehicles in a BUA only applies if no part of the vehicle is within 15 feet of a junction.
But parking right on a junction totally blocking a view may depending on the circumstances may be construed as causing or permitting a vehicle to remain at rest in such a position or in such circumstances as to involve a danger of injury to other persons using the road. (Section 22 Road Traffic Act, 1988)
As Mark states it is incumbent on the driver joining the main road containing parked vehicles to exercise care; in hitting a vehicle on the road he can be held responsible. O?Connel v Fraser 1963 ? High Court reluctantly upheld a conviction of a driver who edged from a park onto a road when his view of it was obstructed by parked vehicles.
Hell of a lot of law on the subject but I would submit that the sheer scale of the problem due to the number of vehicles that require ?resting places? is such that it is virtually impossible to enforce in parts.
DVD
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DVD - I would guess that "obstruction" laws are kept on statute for use in "convenient" cases. Highways were designed originally for the passage of vehicles and the scale of the parking/storing problem was never anticipated. Removal of the laws would mean a total free for all. There must be very few streets now where there is any sufficient off-road parking.
In my street, most people have double garages and drives long enough for 3 or 4 cars. The garages are never used. Most families now have 4 cars or more (at least 2 for mum/dad, plus 1 each for the 2 or 3 teenagers), and end up parking at least 2 cars on the road.
Unfortunately, as you confirm, illegally parked cars (1st party) are not held liable for resulting accidents between 2nd and 3rd or other parties.
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Thanks for posting that information, DVD. Interesting, and it appears I have been labouring under a misapprehension all these years.
Still, as always, there is no black and white here, and I guess the grey areas are open to different interpretations according to circumstances.
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