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 - Who has right of way? - You could have been doing it wrong.

There's no such thing as a driver's right of way

"It's my right-of-way you idiot" or words to that effect are often voiced by a driver who believes that the driver of the on-coming vehicle should have given way - but is the angry driver correct to claim it's his right-of-way?

Let's look at what the Highway Code says; 
"The rules in The Highway Code do not give you the right of way in any circumstance, but they advise you when you should give way to others. Always give way if it can help to avoid an incident."

That's pretty clear advice right? Then why is it that many drivers believe they have the right to force another driver to swerve or stop in any circumstance just because the obstruction is not on their side of the road?

I believe that this is largely down to what they have been told by an influential person during their learning to drive process. This person passes on their own received wisdom or misguided theories which in turn goes unchallenged, resulting in a whole lot of aggressive, obnoxious drivers. 

It obviously makes good sense to give way to any oncoming vehicle, regardless of which side of the road they happen to be on when faced with the prospect of either crashing into a parked vehicle or causing an head-on crash with the oncoming vehicle. It's a no-brainer!

If you compare the way two drivers deal with one another on a two-way single-tracked road with how they deal with one another on a wide two-way road with obstructions, the mindset is often totally different. Cooperation is easier to come by on the single-tracked road but equally required in both situations and yet you often meet an oncoming driver who simply drives straight at you regardless of the fact that you are most of the way through a long channel of parked vehicles, with no place to wait safely. I've experienced this myself, where a taxi driver insisted that it was her right-of-way and that I should reverse 12 car lengths when she'd had plenty of space and time to stop before entering the channel. She would have had to reverse 1 car length. The stereo-type became a reality.

Priority is based on safety. 
Who goes first isn't based simply on which side of the road the obstruction is on, it's based the safest option in every changing situation. Whether it be in a meeting situation or a junction, including traffic light controlled junctions (Green doesn't mean GO! it means go, if it's safe to go!).

The road is a shared space and especially with today's busy driving conditions, we need to work together to make safety work.

With an obstruction on our side of the road we generally have three options when  encountering an oncoming vehicle: 

1) Keep going because we can safely pass the obstruction and get back onto our side well before the oncoming vehicle gets there. 
2) Slow down and arrive at the obstruction after the oncoming vehicle has passed. 
3) Stop and wait until the oncoming vehicle has passed.

The key to surviving is - Don't expect the oncoming driver to do the right thing. 

Even when you see this sign, if someone is already occupying the space you should give way if that's the safest option!

Choosing the correct option relies on you being aware of the situation well in advance, anticipating the approach of oncoming vehicles and planning your actions in good time in order to avoid any sudden changes of speed or direction.

There's no such thing as "my right-of-way" so be prepared to give-way.

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

BULLYING - Stop BULLYING Learner Drivers

A note to bullies. Stop BULLYING learner drivers, in fact stop bullying anyone.

What's that? This doesn't apply to you because you're not a bully! 

If you've ever been behind a learner driver and felt anger towards them because they aren't as proficient as you and you've let your anger manifest itself into causing danger, you need to take a good long hard look at yourself. 

Don't forget that a lot of learners are only 17 years old children, so you like bullying kids eh?

Learner drivers are trying their very best to get things right, however, they often do unpredictable things. They are even more likely to be unpredictable when they're being pressured by bullies tailgating them, honking the horn because they are taking a few seconds longer than an experienced proficient driver or because the learner can see the bully's hand gesturing or facial expressions and they become even more anxious.

There are two things which are sure to bring out the childish behaviour in someone and that's social media and driving.

Being behind a learner driver brings out the worst in some people. Let's look at some of the justifications you bullies use.

"You're driving too slow"
Well, they're either driving as fast as the law allows or as fast as the road and traffic conditions allow, or (shock, horror) they haven't yet built the confidence to drive faster. Have you tried driving within the speed limit since passing your test? Here's a bit of news for you bullies. Just because the vast majority of drivers speed, it's still against the law - period.

"Can't you find somewhere else to learn?"
If you recall your lessons, no there isn't anywhere else except PUBLIC roads. Learners, pedestrians, cyclists etc are as legally entitled to use public roads as a full licence holder is. A full licence doesn't give you any more rights. All it means is you can drive without supervision. 

Here's some more news for you. Your 'road-tax' doesn't pay for the roads, it's a tax on producing vehicle emissions. 

"You're making me late"
If your only strategy for getting somewhere on time is by consistently speeding, you're onto a loser anyway. If being behind a learner causes you a few seconds or even just a couple of minutes delay, you weren't going to make it on time anyway. Try working on your time-management skills. Learners are often overtaken only for the overtaking driver to turn at a junction 3-4 seconds later. I guess it made them feel better about themselves, because it serves no other purpose. 

More news for you. There are all types of vehicles on the road with you, driven by drivers with the full spectrum of proficiency and experience.

"You're taking too long to move away"
They're taking as long as they need to get it right. Would you rather they rush and stall or move away a little slower than you? We could practice even more on quieter roads but there is no substitute for dealing with moving away on demand, in real-time traffic or at traffic lights. 

Further news for you. Honking your horn will not change this, getting irate will not change this, it's only likely to make things worse.

"You're taking too long to look"
The most common cause of failure on a driving test is 'ineffective observations at junctions'
The pupil is being trained to make effective observations to avoid causing danger. They're just the same as you when you are in a new environment or new job role. Things take longer to do. They haven't yet developed the quickness of processing and interpreting information that an every-day, experienced driver has. Honking your horn or revving your engine won't change this either. We even have drivers further back in a queue at a closed junction honking their horn when they can't even see what we're waiting for.

"You could have gone then"
Maybe they could...If the other drivers were signaling properly or using the correct lane or driving at the right speed. A learner doesn't have the years of experience it takes to interpret the mess of information or lack of information given by "drivers". You licence holders should learn to follow the published rules instead of making up your own and expecting everyone else to know which bits of the Highway Code you've decided you don't like or is a stupid rule you don't agree with.

Here's a message for parents - your behaviour around your children when you are driving, and especially when you're harassing a learner driver, has a direct effect on the way they feel when they become the learner. So if you are wondering why they are taking longer than you to learn to drive, you may well be part of the reason.

To end this rant, there is no justification for bullying - EVER!

The Dummies Guide to Dealing with Learner Drivers Part Deux

Following on from my previous blog where I touched upon the bizarre situations driving instructors and their pupils experience on our roads, here are a few more top tips for the dummies out there. These too are inspired by the real-life and bewildering antics of retired learner drivers - or full licence holders as they are better known.

#11: Driving instructors are keen to ensure their pupils cover a full learn-to-drive syllabus. Amongst the more obvious topics, such as car control and road safety, are the less obvious but equally essential Morse code classes. Morse code provides a solid foundation for dealing with drivers who use the flashing of headlights in the style of the movie “Close Encounters of the Third Kind”. For example; One quick flash means “I’m waiting for you to go” (or this can be one long flash), two quick flashes means “thank you” (or this can be one long flash) and multiple quick flashes means “You f#%king idiot, I'm waiting for you to go!” (or this can be one long flash).

#12:  Drivers suffering the debilitating effects of coming into contact with a full licence (chemical coating causing amnesia, see Top Tip #6) often find great difficulty in using the complex external communication system fitted to motorised vehicles. Whilst there is currently no known cure, (and euthanasia not yet considered ethical) scientists are working around the clock looking for a solution. In the meantime experts believe that sufferers can overcome this problem by signalling either left if they intend going left or right if they intend going right.

#13: Those drivers suffering from the acute form of signal confusion (Latin – Unpredictilitus) can take some comfort in the knowledge that they are creating opportunities for driving instructors to teach their pupils the fundamental principles of mind-reading. Roundabouts are a great place to put this into practice. Try signalling left two exits before the one you want, or swapping lanes at least twice without signalling. When faced with this test, by attempting to pull out in front of you, the learner may demonstrate that they are at the early developmental stages of mind-reading. In these situations try developing their lip-reading skills using words of no more than two syllables. No doubt you will already be familiar with many of these. (Note: if following a learner who is at the early stages of mind-reading see Top Tip #1)

#14: It is essential that learner drivers develop a good understanding of the law. You can help demonstrate its importance whenever you see a learner practising a manoeuvre outside your house. (Caution; avoid contact with the instructor, see Top Tip #6). Instead, whilst stamping both feet, shout from across the road “I'm going to call the police” The police will welcome your request to stop chasing bad guys and be grateful of the opportunity to arrest two people carrying out a legitimate manoeuvre in a safe and legal manner. “999 what’s your emergency?” “Yes operator, send someone quickly there’s a learner driver parallel parking around my car... quick, quick they’re slowly getting away....”

#15: An alternative to top tip #14 is to play hide-and-go-seek. When you see a learner preparing to reverse around your car, quickly run to it and drive off down the road or around the block pretending that you have to be somewhere urgently. The learner finds this game highly amusing and can’t wait to have another go, especially as they are hilariously left in the middle of the road looking like they are reversing around an invisible car. Bear in mind that most driving lessons are at least an hour long, so to avoid being found, it is recommended that you keep driving around the block for around 55mins. (Caution: As this game is so amusing, the driving instructor is likely to tell all their colleagues which car owners are willing participants, so be prepared for a long day)

I hope you've enjoyed the light-hearted humour I've used to highlight some of the issues faced by both learner and instructor at the hands of some experienced and apparently responsible drivers. I would like to point out that most days go without anything noteworthy happening and when it does we are trained well enough to avoid incident. I've managed to stay collision free since I passed my test in 1983 and as an instructor have had one very minor rear end bump in the 1990's. (We'd been stopped at a junction for 30 seconds when the driver behind misjudged his braking, well when I say misjudged his braking, he'd forgotten he was driving a Mini Metro and not a car with proper brakes).

Learning with a qualified instructor is actually pretty safe and people are surprised at the relatively low insurance premiums we enjoy. I'm led to believe that almost three-quarters of collisions involving a learner are actually the other driver's fault - rear end collisions mainly. 

There is a serious message behind all this humour. It raises the question of how full licence holders transform their habits from the safe practices we teach them during the learn-to-drive process, into the obvious complacency which no doubt contributes to the number of people each year who are injured or worse, on our roads.

We could point the finger at the learn-to-drive process and the limitations of the traditional techniques used, and in recent times we have done exactly that and have extended the range of techniques to include a more client-centred approach. This is an attempt to ensure learners take responsibility for their learning and future actions. Even so, this is a long-term strategy and we appear to be fighting a losing battle when it comes to continued learning for existing drivers. 

I've jokingly called full licence holders 'retired learners' In actual fact they were learning from life experiences years before getting behind the wheel for the first time - many are told by the people who care for and influence them the most that "you only learn to drive properly once you've passed your test". I wonder if this "properly" includes tailgating; speeding; cutting corners or crashing? 

No one stops learning and as soon as they're let loose on the roads they continue to learn from the environment and unfortunately begin to practice what they regularly see and experience - or in many cases, what they can get away with now that the UK's roads are so lightly policed.

A couple of questions being asked regularly are "Should driver education start at school age? and should drivers be retested periodically? Now that sounds like a good topic for another blog.

© Stu Walker 2014


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The Dummies Guide to Dealing With Learner Drivers - Part One

These tongue-in-cheek top tips have been inspired by the real-life “dummies” who every driving instructor encounter on our roads at some point in their career - if not daily. These are here for your enjoyment, but if you do recognise something in your own driving - well, maybe now is the time to change.

#1: When following a learner driver who inconsiderately stalls, quickly sound your horn a number of times. This has an instant calming effect on the learner and miraculously turns them into an experienced driver.

#2: Learner drivers need to frequently practice the ‘emergency stop’. When you see a learner who is driving slower than everyone else it's because they're giving you the chance to help. In these situations wait until they are really close before you surprise them by pulling out. The learner finds this highly educational and the instructor finds it highly amusing and greatly appreciates your kind assistance.

#3: When you want a learner driver to go faster, drive at high speed up to or close to their bumper. Many people believe this action compresses the air between the two vehicles, which in turn creates a shock-wave forcing the learner's foot down on the accelerator. (Caution: avoid this if someone is following Top Tip #2)

You know you're in trouble when even the dash looks scared....

#4: Learner drivers love the added pressure of having to move away quickly in front of an audience. If you encounter a learner driver who is waiting patiently at a crossroad, insist they take priority even if it isn’t theirs. You should do this by flashing your headlights and waving vigorously. If the learner doesn’t respond immediately, shake your head and drive on. Alternatively when they begin to emerge wait for 3 seconds and then implement Top Tip #2. (Note: If following a learner driver in these situations also see Top Tip #1)

#5: Learner drivers and their highly trained instructors frequently forget which type of vehicle they are driving, so if you see one driving along a temporary bus lane please pull alongside and shout "Do you know you're in a bus lane? You're not driving a bus hahaha!” Alternatively, you can draw the instructor’s attention by smugly driving past whilst shaking your head in disbelief.

#6: A full driving licence is coated in a chemical substance causing amnesia. Sadly this causes many people to forget that they too had to learn to drive. One of the many side-effects of this condition is an extreme feeling of possessiveness, making you believe you own the road generally but especially the bit outside your property or a nearby junction. Unfortunately there is no known cure for this condition. Caution: If you see a learner practising a manoeuvre outside your house; avoid contact with the instructor; avoid standing at your lounge window with your hands on your hips; instead go into a darkened room and scream into a pillow.

#7: Many new cars are fitted with hill-start assist. However, to be on the safe side, should you see a learner driver stopped at traffic lights on a steep hill, you can help by pulling up as close behind their vehicle as possible. Firstly, your show of confidence in their expert clutch control instantly reassures them and secondly your car prevents them from rolling backwards if they have a sudden lapse of expertise. (Also see Top Tip #1)

#8: Driving instructors go through three stringent exams before being allowed to teach. However, no one is perfect and bearing in mind that nothing has changed since the 1960’s, please feel free to correct their errors by sharing the in-depth knowledge of driving you gained during the six hours of tuition you had way back when.

#9: The space in front of a learner vehicle is subject to an optical illusion known as the "Tardis Effect". This phenomenon - similar to a ‘mirage’ - is caused by light reflecting off the L-plate and thus making a space big enough for one vehicle, appear capable of accommodating at least four vehicles. (Also see Top Tip #2) 

#10: When encountering a learner in lane one of a two lane road you can help their instructor demonstrate the blind spots by playing “now-you-see-me-now-you-don’t”. Here’s how; when you see them approaching an obstruction, quickly dart into lane two without signalling and hide in the learner driver’s blind spot and remain there for some time. If you suspect the learner has seen you, drop back until you're confident they can't. Stay where you are until they signal, then quickly reappear. This helps them practice braking. Alternatively sound your horn to keep them calm. (See Top Tip #1)

Remember, if you are a dummy, I don't want to be patronising (that means treat you like you're stupid) but these tips are for comedy value only, please don't take them literally. 

Thankfully, in reality, the vast majority of road users we encounter whilst we're out there teaching are patient and courteous. Both the learner and their instructor try their best not to inconvenience anyone and always appreciate your understanding if we do delay you slightly - even if we can't say thank you personally :)

Continued in Part Deux..... http://studidit.blogspot.co.uk/2014/02/the-dummies-guide-to-dealng-with.html



©Stu Walker 2014