Parked cars blocking shared use path

Commuting, Day rides, Audax, Incidents, etc.
GarethF
Posts: 105
Joined: 16 Sep 2008, 9:00pm

Parked cars blocking shared use path

Post by GarethF »

Just wondering if there's a legal position on this. The car rental place round the corner from us has started using the shared use path in front of their forecourt to park their cars. The space on the pavement means a pedestrian can get past, but a cyclist has the option of either squeezing past and risk taking some paint off the car(s) or else going into the road which is at a pinch point in a 40 limit 100 yards after a set of lights. A wheelchair user would have no chance of getting past and nor would a pushchair.

I'm going to be towing my kids past there most days with a trailer from September and I can see this being a regular bone of contention. Just wondering if they are actually committing an offence other than rudeness.
G
pwa
Posts: 17371
Joined: 2 Oct 2011, 8:55pm

Re: Parked cars blocking shared use path

Post by pwa »

Pop in and point out your problem in a friendly way. Then take it from there.
beardy
Posts: 3382
Joined: 23 Feb 2010, 4:10pm

Re: Parked cars blocking shared use path

Post by beardy »

I would mention it to the next traffic warden that I came across.
blackbike
Posts: 2492
Joined: 11 Jul 2009, 3:21pm

Re: Parked cars blocking shared use path

Post by blackbike »

It is worth having a word with the police too.

Apparently blocking the pavement is obstruction, a police matter, something I found out when I complained to the council about cars almost completely blocking the pavement on a very narrow road.
User avatar
mjr
Posts: 20308
Joined: 20 Jun 2011, 7:06pm
Location: Norfolk or Somerset, mostly
Contact:

Re: Parked cars blocking shared use path

Post by mjr »

I think it is usually an offence under section 21 of the Road Traffic Act 1988 to park on such a thing because a mixed-use path is a cycle track with no pedestrian prohibition, legally created by stopping the footway and creating it as a cycle track.

As others have mentioned, try asking nicely first or telling local traffic wardens - don't open by marching in and citing the law at them. I doubt police will handle this as a priority in this time of cuts, based on my experience with similar obstructive parking, unless you and the child trailer get in the newspapers and so on and really embarrass the police commissioner. :(
MJR, mostly pedalling 3-speed roadsters. KL+West Norfolk BUG incl social easy rides http://www.klwnbug.co.uk
All the above is CC-By-SA and no other implied copyright license to Cycle magazine.
GarethF
Posts: 105
Joined: 16 Sep 2008, 9:00pm

Re: Parked cars blocking shared use path

Post by GarethF »

So far I've only had to ask them to move cars on one occasion. There was no problem, except that it took a few minutes for them to locate the correct keys for each car. That was a Saturday morning on the way home from swimming lessons. Once I start the regular school/nursery drop off in September I'm going to be on the clock and that kind of delay will be a real pain in the backside. I suppose they may soon also tire of it if I'm at their desk every morning sweating and wheezing over their customers.
Mark1978
Posts: 4912
Joined: 17 Jul 2012, 8:47am
Location: Chester-le-Street, County Durham

Re: Parked cars blocking shared use path

Post by Mark1978 »

Report it to the local council. Who may or may not do anything about it.
User avatar
mjr
Posts: 20308
Joined: 20 Jun 2011, 7:06pm
Location: Norfolk or Somerset, mostly
Contact:

Re: Parked cars blocking shared use path

Post by mjr »

Mark1978 wrote:Report it to the local council. Who may or may not do anything about it.

Look up their planning permission on the local council website. That sort of behaviour may be in breach of their conditional permission. It's not fast but we did use that route to get a local garage to remove an illuminated animated sign that was distracting drivers passing through a busy crossroads that's already a bit iffy for cycling.
MJR, mostly pedalling 3-speed roadsters. KL+West Norfolk BUG incl social easy rides http://www.klwnbug.co.uk
All the above is CC-By-SA and no other implied copyright license to Cycle magazine.
GarethF
Posts: 105
Joined: 16 Sep 2008, 9:00pm

Re: Parked cars blocking shared use path

Post by GarethF »

Mark1978 wrote:Report it to the local council. Who may or may not do anything about it.


Waiting for their response to my message left through their website. Mark, you will probably know the spot, just south of Neville's Cross.
Rob Archer
Posts: 297
Joined: 10 Apr 2007, 8:25pm
Location: King's Lynn, Norfolk

Re: Parked cars blocking shared use path

Post by Rob Archer »

We had an issue in King's Lynn a few years ago where a local garage was using a contraflow cycle lane for parking. I went in and politely pointed out that is was very dangerous as it forced cyclists to ride (illegally) against the flow on a one-way street into a blind bend. I was politely told to f*** off - followed the usual anti-cycling rant! The next step was the police who, much more helpfully, went and told them in no uncertain terms to move the cars. The following week the police ticketted 4 cars who's owners weren't too happy as it was the garage, not the vehicle owners who'd parked them there. It all got a bit nasty with the police being involved again when a driver got stroppy demanding the garage pay the fine. Sorted the problem though!
User avatar
gaz
Posts: 14649
Joined: 9 Mar 2007, 12:09pm
Location: Kent

Re: Parked cars blocking shared use path

Post by gaz »

Here's one I found earlier.

DSCN0968a.jpg

Initially I reported it to the local council as an obstruction (their website includes a nuisance vehicles option) only to be told, rather unsurprisingly, that it would be a police matter. They gave me a contact e-mail for the relevant policing team.

The police were very helpful:
I am an officer in the local Town policing team and attended the vehicle and carried out relevant checks. I have contacted the stated number on the vehicle and have explained to them re offences and have given them 24hrs notice from 16:00 hrs today to remove the vehicle. They agreed to do this and it has been explained to them that any offences will be dealt with if this is not carried out and removed from the location tomorrow.


Sure enough there's been no sign of it since.
High on a cocktail of flossy teacakes and marmalade
thirdcrank
Posts: 36776
Joined: 9 Jan 2007, 2:44pm

Re: Parked cars blocking shared use path

Post by thirdcrank »

As I've posted from time to time, the general offence is "unnecessary obstruction" which is a "con and use" offence. This once strong bit of legislation has been rendered almost useless by a succession of decided cases. However, afaik, it has never been held that advertising can amount to a necessary use of a motor vehicle. Around forty years ago, I had a superintendent who had a bit of a thing about this offence which was made worse by having several secondhand car sellers operating from premises just round the corner who treated the main road as an extension of their various display areas. That police station is now long-closed, and that superintendent is no more. There's a part-time bus lane on the relevant bit of road but yellow lines have never been installed where the used cars are rolled out each morning for display.
Mark1978
Posts: 4912
Joined: 17 Jul 2012, 8:47am
Location: Chester-le-Street, County Durham

Re: Parked cars blocking shared use path

Post by Mark1978 »

GarethF wrote:
Mark1978 wrote:Report it to the local council. Who may or may not do anything about it.


Waiting for their response to my message left through their website. Mark, you will probably know the spot, just south of Neville's Cross.


ahaha! I do indeed. When I saw your post I was thinking of posting that place as an example of where the path is always blocked, but I see there's no need.

I always use the road past there, but granted that's usually on a Sunday morning, not rush hour.
User avatar
Audax67
Posts: 6001
Joined: 25 Aug 2011, 9:02am
Location: Alsace, France
Contact:

Re: Parked cars blocking shared use path

Post by Audax67 »

Near here there's a compulsory cycle path, separated off from the road, that always has a car parked in it. I've passed it a dozen times. Once a couple of blokes even had it up on axle trees and were doing funny car-ish things under it.

I guess the police don't give a rat's ass - but will still penalize any cyclist who gets hit by a car while riding on the road.
Have we got time for another cuppa?
Mark1978
Posts: 4912
Joined: 17 Jul 2012, 8:47am
Location: Chester-le-Street, County Durham

Re: Parked cars blocking shared use path

Post by Mark1978 »

Audax67 wrote:Near here there's a compulsory cycle path, separated off from the road, that always has a car parked in it. I've passed it a dozen times. Once a couple of blokes even had it up on axle trees and were doing funny car-ish things under it.

I guess the police don't give a rat's ass - but will still penalize any cyclist who gets hit by a car while riding on the road.


What's the penalty for riding in the road when there is a compulsory path?
Post Reply