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 - Parking on the right - Do this to avoid failing

In this blog I'm going to focus on the relatively 'new' driving test manoeuvre of pulling up on the right-hand side of the road and reversing two car's lengths parallel and reasonably close to the kerb and then rejoining any traffic flow on the left. Although you will not be asked to park between vehicles, the reverse element simulates reserving to improve your view before emerging from between parked vehicles.

The skills being tested are; 

• choosing a safe, legal and convenient place to pull up on the right and pulling up safely
• reversing under control, with effective observations before and during the reverse, reversing accurately
• moving away safely and under control using effective observations before and during the move away to rejoin the flow on the left

The important skill it doesn't test is deciding whether or not you should choose to do this manoeuvre - this element is vitally important.

Introducing this manoeuvre to the test has caused the biggest stir among driving instructors, who for many years have passed on the best advice in the Highway Code (rule 239) which advises, among other things, "do not park facing against the traffic flow". 

This is still good advice and parking with the flow of traffic is preferred unless there's a very good reason not to.

It's important to note that during daylight hours it isn't actually against the law to park against the flow, it's just more risky than parking on the left, hence the Highway Code's good advice. However, if you choose to ignore this advice and cause a collision, this may be used against you to form a prosecution for careless driving or worse. 

"You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space. Laws CUR reg 101 & RVLR reg 24"

What a driver with a good understanding of the rules and laws knows is that there are often exceptions for circumstances beyond their control. Highway Code rule 248 specifically tells you when this exception is. Your responsibility as a driver is to know when it is necessary to do something; when it is safe to do it and when it is legal.

Parking against the flow of traffic has additional dangers, such as; oncoming drivers misunderstanding your intentions; your headlights may be dazzling oncoming drivers and when parked your vehicle is displaying the wrong colour reflectors which can mislead other drivers in poor visibility conditions. 

If the Highway Code advises against this and it involves higher risk, then why would the DVSA include this in the driving test? 

Well, the key factors include the real-life 21st century issue where parking in many places has become more and more difficult due to increased car ownership. This has in turn forced local authorities to manage on-road parking more heavily. In my local city of Nottingham, it's almost impossible to park anywhere except in a recognised parking place and often there are parking restrictions on the left, leaving only the recognised spaces on the right. 

For years driving instructors hadn't been teaching pupils to park against the flow and yet as soon as they pass their driving test, these pupils, just like millions of other drivers each day, take to parking against the flow as if it's acceptable in any circumstance. Because driver education hasn't focused much attention on this, the risks weren't highlighted well enough. By including this in the test, driver educators can raise awareness of the risks and produce drivers who can make sound decisions - 

Is it always necessary? No!
Is it always safe? No!
Is it always legal? No!

It's a driver's responsibility to know when it is acceptable to do this manoeuvre.

Just like every other aspect of driving, if you do not recognise how risky your actions are likely to be in the particular circumstances you are facing, it can be very dangerous. A good risk assessment should always be made and you may even conclude that it would be best to find somewhere to turn around so you can park with the traffic flow.

Most on-road recognised parking places are well lit, however, at night you need to consider; will I dazzle the oncoming drivers? Should I switch to side-lights? Is it legal on this road to use only side-lights? Is visibility seriously reduced? Should I park off road? Will my reflectors confuse another road-user?

Another huge risk factor is crossing oncoming traffic to rejoin the flow on the left. Would you have a good view of the road? Are you aware of the vehicle's blind spots (van drivers especially)? If you can't see, is someone able to help (just like reversing into a side-road)? How could you improve your view (reverse, creep and peep)?

You see, there's always some level of risk in driving whatever you're doing but the decision to park against the flow - or anywhere else - is more than a matter of habit or because "I live there." 

Parking on the right can be done safely as long as you are aware of the problems you might have and by considering and managing the risks. 

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