Blocking driveways etc:what is the legal position? | Motoring discussion | Back Room Forum

Sun 22 Feb 2009 23:07

Blocking driveways etc:what is the legal position? - Petel

Not wishing to hi-jack the first thread on this question but would wish to raise the same question of " What is the legal situation? "

I live in a housing estate just across the road from the large factory where I work. I use a pedal cycle to go too and from.

However, the firm is trying to get everybody back onto a single day shift ( it remains to be seen how far they will get down this road ) and with an ever increasing number of contractors appearing on site, car parking will become a major issue.

The last time that anything like this happened ( admittedly this was many years ago ) all the local roads, residential parking areas, grass verges, any hard standing private or not, became fair game and blocked garages were an every day occurence.

I can see this starting again, so would wish to ask what the current legal situation will be in these cases?

Thank you.

re-titled to avoid confusion with the "other thread"....!

Edited by Pugugly on 22/02/2009 at 23:16

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Sun 22 Feb 2009 23:27

Blocking driveways etc:what is the legal position? - dacouch

I believe that the government just brought a law in that makes it illegal for someone to block with a vehicle on the highway access to a private home eg stop you getting your car out, but it is not illegal for them to stop you getting your car back in.

Hopefully someone could confirm whether I imagined reading this recently or not

Edited by rtj70 on 22/02/2009 at 23:30

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Sun 22 Feb 2009 23:31

Blocking driveways etc:what is the legal position? - rtj70

I said that in another thread tonight. I wonder if this can be confirmed too.

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Sun 22 Feb 2009 23:32

Blocking driveways etc:what is the legal position? - Pugugly

Not sure myself - back in work tomorrow so I'll check it out if I remember. DVD might be along in a minute.

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Sun 22 Feb 2009 23:34

Blocking driveways etc:what is the legal position? - Petel

Thank you, would also welcome confirmation on this point.

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Sun 22 Feb 2009 23:41

Blocking driveways etc:what is the legal position? - dacouch

www.thisislondon.co.uk/standard/article-23641256-d...o

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Mon 23 Feb 2009 08:24

Blocking driveways etc:what is the legal position? - Dwight Van Driver

Section 137 Highways Act 1980 states that if a person without lawful authority or excuse in any way obstructs the free passage along a highway he is guilty of an offence.

A like offence is under Section 28 Town Police Clauses Act 1847 in that every person who in any street, to the obstruction, annoyance, or danger of the residents or passengers, wilfully causes any obstruction in any public foot path or other publuic thoroughfare commits and offence

What amounts to obstruction is a question iof fact for the Magsitrates to decide having regard to 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 or potential obstruction the case DPP v Jones [1999] stated confirming that stated in Nagy v Weston [1965].

In the scenario of the vehicle parked across an exit/egress to a property the argument is that the right of use of the highway is denied when wanting to join but not so when when wanting to pull off onto what will be private land. In the former an offence seems to be commited in relation to one of the two offences outlined above above.

Section 86 Traffic Management Act 2004 creates the offence of parking across a dropped footpath but this only applies in a Special Enforcement Area so an Order is needed and it should have signs to this effect.

There are exemptions to this
:
Permission given by the occupier of property effected,
Vehicles used by Emergency services and other Statutory Undertakings,
Delivering/Loading goods too heavy to be carried from a legal place - max period allowed 20 mins.

A somewhat similar offence of unecessary obstruction is at Reg 103 Motor Vehicles (Con and Use) Regs 1986 but that specifically mentions obstruction by vehicles standing on a road.

dvd

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Mon 23 Feb 2009 09:19

Blocking driveways etc:what is the legal position? - b308

DVD... would it make any difference to the person trying to get back into their drive/garage if they'd put up a sign saying "Access required 24hrs" (or similar)?

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Mon 23 Feb 2009 09:41

Blocking driveways etc:what is the legal position? - L'escargot

........ put up a sign saying "Access required 24hrs"

Adding "by psychopathic owner" might be of value!

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Mon 23 Feb 2009 10:33

Blocking driveways etc:what is the legal position? - martint123

I posted something earlier this year

www.honestjohn.co.uk/forum/post/index.htm?v=e&t=70...4

A new law brought in last year means drivers in England could be fined £70 for obstructing a driveway, and the penalty in London is £120.

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Mon 23 Feb 2009 12:24

Blocking driveways etc:what is the legal position? - Petel

Thanks to DVD and Martint123 for the information provided.

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Mon 23 Feb 2009 12:33

Blocking driveways etc:what is the legal position? - FotheringtonThomas

If these things obstruct our right of way, are we entitled to remove them?

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Mon 23 Feb 2009 12:53

Blocking driveways etc:what is the legal position? - Dwight Van Driver

b308:

No. But a sign (must not be on the road) to the effect that the driveway is in constant use may deter?

martint 123:

Not aware that it is a common and garden offence. My understanding is that a Special Enforcement Area (See Schedule 10 TMA 2004) Order has to be applied for and if granted then offences under TMA can be reported/ticketed by CEO. Effect of Order has to be signed.

FT

One has to be very careful on this as tampering with a motor vehicle is an offence and if damage caused may open the realms of charge of criminal damage.

dvd

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Mon 23 Feb 2009 14:24

Blocking driveways etc:what is the legal position? - Mick Snutz

What if the obstructee were to purchase their own wheel clamp and erm, kind of use it on a car blcoking their drive?

Would this still be classed as tampering?

And if this is tampering, how do those wretches in supermarket car parks get away with putting flyers on car windscreens without prosecution?

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Mon 23 Feb 2009 16:46

Blocking driveways etc:what is the legal position? - Dwight Van Driver

To clamp you would need to take out a Licence with the Private Security Industry otherwise again in the do do....

dvd

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Mon 23 Feb 2009 17:22

Blocking driveways etc:what is the legal position? - nortones2

DVD: I got the impression that the offence of interference under Criminal Attempts Act 1981 was connected to intent to steal contents , or TWOC. I may be wrong. Further, RTA 1988 S25.

"Tampering with motor vehicles

If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person?
(a)gets on to the vehicle, or
(b)tampers with the brake or other part of its mechanism,without lawful authority or reasonable cause he is guilty of an offence."

This vehicle is not on road or LA parking place, and the brakes do not need to be tampered with to get it away. Four tea trays under the wheels?

Edited by nortones2 on 23/02/2009 at 17:23

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Mon 23 Feb 2009 18:25

Blocking driveways etc:what is the legal position? - GroovyMucker

I think we're getting into the realm of what is a lawful excuse, now.

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Mon 23 Feb 2009 18:38

Blocking driveways etc:what is the legal position? - FocusDriver

Id be tempted to insert something soft and bananary into the rear tube. Just don't forget to set up your motion-sensing wildlife camera so we can enjoy the spectacle.

There are myriad laws governing wheelie bin crime, why on earth isn't obstruction taken equally as seriously? I suspect because it wouldn't be a "green" law.

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Mon 23 Feb 2009 18:51

Blocking driveways etc:what is the legal position? - dacouch

Focus Driver if you had taken notice of all those emails you received offering to help you then you would not have to resort to this...Id be tempted to insert something soft and bananary into the rear tube.

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Mon 23 Feb 2009 19:17

Blocking driveways etc:what is the legal position? - FocusDriver

Good point dacouch. Very good! Innuendo still makes me laugh...

How about a potato?

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Mon 23 Feb 2009 19:34

Blocking driveways etc:what is the legal position? - retgwte

having seen up close an personal (it was my car) how the police contractors take away vehicles they want for evidence (and dont want to enter to turn the key etc for evidential reasons) it involves dragging it onto the back of a low loader tyres just scraping along the ground

id be tempted to pay some garage to do this and have it delivered and parked blocking the garage or entrance of the local police station, you can be pretty sure the police will get round to figuring out who it belongs to...

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