Driving test tips - Parking on pavements - you could be breaking the law

No way past

Pavements are for people

Parking a vehicle on the pavement, either wholly or partially happens all around the UK every day and has become a habit for millions of drivers. This often thoughtless and unnecessary act can cause all sorts of problems for pedestrians, especially those with pushchairs, wheelchair users, mobility scooter users and of course blind pedestrians. 

During your driving lessons you are taught to choose a safe, convenient and legal place - along with all the other rules around parking, this doesn't generally include using the pavement.

What does the Highway Code say?

Rule 244 of the Highway Code states: “You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it.” 

Despite a number of efforts to implement a blanket ban on pavement parking over many decades, none has ever been implemented so we currently have no national ban on pavement parking. The reason for this is probably down to the enormous cost of additional resources the police and local authorities would need to tackle the problem. However, following a report into the problem in 2019 and further consultation in 2020, there may well be a ban in store within the near future.

Apparently it is difficult to bring a prosecution for simply parking on the pavement and so the police often turn a blind-eye. This said, there are circumstances in which the police will take action, especially if a vehicle is parked 

• on zig-zag lines at a pedestrian crossing
• within 10 metres or opposite a junction
• over a dropped kerb or obstructing a driveway
• blocking a road or pavement which causes pedestrians to enter the road
• preventing an emergency vehicle from accessing an area

The offence of unnecessary obstruction of the highway, which includes the road as well as the pavement, already exists and can be prosecuted under criminal law.

You may well be tempted to pull up on the pavement because "everyone does it". 

If you were to park on a pavement during the driving test, unless signs permit this, a serious fault will be recorded and you will fail your test. 

This is because although there is no blanket ban and there's a very slim chance of being prosecuted, you are breaking a law in the act of driving on the pavement and an examiner does not have the discretion to turn a blind-eye to this. 

The law in question is in the Highways Act 1835 Section 72 

Highway Code Rule 145 states "You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency"

Since January 1999 a fixed penalty notice (FPN) can be issued for this offence. This can include penalty points and a fine for the offender. 

For a new driver, under "The New Drivers Act" these points could prove disastrous and eventually lead to losing their licence, should they tot up six points within the first two years of holding a full licence. 

Can you imagine how you'd feel losing your hard earned licence for this easily avoidable reason?

The key to making any driving decision and avoiding danger or prosecution is answering yes to these three questions

Is it necessary?

Is it legal?

Is it safe?

Apply this to your driving and you are unlikely to get into trouble.

Check out this video illustrating the danger caused pavement parking .

https://youtu.be/6jOT41gnXlo

For expert driving tuition or more driving tips, visit my website www.udidit.co.uk

For more Highway Code rules follow this link. 

https://www.gov.uk/guidance/the-highway-code/waiting-and-parking-238-to-252

Driving Test Tips - Follow This Easy Method to Pass the Hazard Perception Test

Before we go into any more detail about the test, let's first be clear on what a hazard is and how your perception affects your reaction to them.

A hazard is anything that will cause you danger. When driving this means something that will cause you to take action such as; change speed or direction or both.

Perception is your interpretation of the information you are picking up. The correct interpretation is essential to you being able to respond with the correct action.

The hazard perception test is designed simply to check that you can recognise a developing hazard and can respond accordingly. 

It's likely that you've used hazard perception many times in your life, so it's nothing new to you. The only new bit is applying it to driving. 

Here's an example using a situation you may have experienced before. You're walking home when you see a group of kids making snowballs and think to yourself “yep, I bet one of those is coming my way, so I'll keep an eye on them.” You've just identified a potential danger and carrying on walking but with more caution.

What you're doing is gathering information and using past experience to interpret it. This forms your perception which then influences your decisions and actions.

As you carry on walking you see the situation developing as a couple of the kids point towards you and then begin throwing the snowballs at you. This potential danger has just developed into a real danger and you have to duck to avoid being hit.

When driving, instead of the snowball being the developing hazard it will be either a person, a vehicle or even an animal which makes you change speed or direction.

In the hazard perception test, it's the developing hazards that have a score attached, but there's no problem when clicking for potential hazards, so think of it like this.

In real-life when driving, the potential hazard makes you check your mirrors and the developing hazard makes you press a pedal or move the steering wheel. 

During the computer based test you register your response by clicking a mouse button.

You will need to scan the screen as if you are driving. If you imagine splitting the screen into three horizontal bands - Top - Middle - Bottom.

The hazard will most likely be somewhere across the full width of the middle band of the windscreen.

As soon as you spot a potential hazard – click the mouse to record your response.

As soon as the hazard begins developing – click the mouse to record your response.

This is important because the sooner you spot the developing hazard and click, the higher your score. Many people tell me that they see the hazard and click too soon but don't follow this first click with a second click. 

Example;
You're driving along and see there's a side road on the left - no click needed, but keep an eye on it just in case.

Potential hazard (I might). You see a car slowly approach the end of the side road on your left and it comes to a stop, it might pull out – click (mirror check in real-life)

Developing Hazard (I will). As you get closer you see the car start to move forward – click (brake or steer in real-life)

A third click helps ensure that you haven't clicked a fraction too soon.

Developed Hazard (I am). In real-life further action might be needed.

My pupils know this 3 click method as “The Mighty Will.i.am Method"

If you know the song "boom boom pow" by the Black-eyed Peas try clicking to the same beat as the bit in the song that goes "boom, boom boom, gotta get that" We have a laugh about it (and I can imagine the look on your face as you read this) but it produces outstanding results.

This method also reinforces the real-life actions you take because when you see a potential danger you think "I might" have to react, when it is developing "I will" have to react and after it has developed "I am" reacting.

Go on try it!

The developing hazard has a scoring "window" that begins counting down 5 – 4 – 3 – 2 – 1 – 0 the moment the developing hazard appears.  If you don't react soon enough you may miss the scoring opportunity completely.

There are 14 video clips, but there are 15 scoring hazards. This means at least one of the clips has two scoring hazards. You won't know which clip this is or which hazards have a score, so make sure you stay alert throughout and respond to every developing hazard you see. Some hazards require you to react quickly. These especially occur when driving around bends in the road or over the brow of a hill.

The key to being alert and spotting the dangers is to scan & plan and anticipate. Keep scanning from side-to-side and along the road, starting with the far distance, the middle distance and the near distance and anticipate danger by saying to yourself – What if?

What if there's a pedestrian crossing the road just over the next hill?

What if there's an obstruction just around the next bend?

Try to avoid clicking continuously or in a rhythm as this might be interpreted as cheating and the computer will give you a zero score for that clip. You shouldn't have to worry about this at all if you follow the previous advice of scanning, planning and anticipating and then clicking for potential and developing hazards as you see them (Boom Boom Boom).

Practising – You can of course practise by using the hazard perception apps that are available.

Recommended are Driving Test Success and Theory Test Pro. You can do these online too. However, a word of caution. You cannot improve your perception by going over the same clips over and over as once you've seen the clip you are testing your memory not your reaction.

The best way to develop your perception and reaction is to practice while out and about. You can do this as a pedestrian, passenger, cyclist etc. (People might look at you as a bit strange if you're walking around saying 'click' so it's best to do this silently in your head).

Check out this official video from the DVSA 

https://youtu.be/7womeV0brCo

Driving test tips - Animals In The Road - Emergency Stop or Not?

An alert driver who is planning ahead and driving at a suitable speed for the road and traffic conditions should have plenty of time to see a hazard and reduce speed safely or even bring the car to a gentle stop. Awareness, anticipation and planning are the key to avoid sudden braking or performing an emergency stop.When learning to drive or during the driving test your instructor or examiner will ensure that it is safe to perform the simulated emergency stop by checking that there is no one following close behind.

There are, of course, some occasions when even the best of us get caught out by a sudden danger, such as a vehicle or child crossing our path and it is entirely reasonable to perform an emergency stop. If the following driver hasn't left a sufficient gap and cannot stop in time then it can be successfully argued that they could have avoided the collision had they done so. However, slamming on the brakes for no apparent reason is clearly potentially dangerous and the Court would look at the reasonableness of doing so.

When it comes to making an emergency stop for an animal it would appear that reasonableness is based on the type and size of the animal. It may be deemed more reasonable to perform an emergency stop for an animal large enough to cause damage to the vehicle or injury to the occupants and by law you must report hitting some types of animals, as specified in the Highway Code, such as, dogs; horses; cows or sheep.

A Court may deem it unreasonable to perform an emergency stop for a small animal or bird but as any reaction could simply be instinctive they will look at each case individually and it could again be argued that the following driver could have avoided the collision.