Can anyone advise me on the law relating to the parking of trailers on the public highway?
Like many of us I live on a congested street which only has on street parking. I'm not really fussy about who parks where, or even what they park, be it large box van, motorbike, transit whatever, we all need to park somewhere.
There is enough space outside each house to accomodate one car with a little extra space in parts for families with two vehicles. Many months ago one family decided to park an unhitched low level camping type trailer outside a house where it has remained since before Christmas, as far as I am aware the trailer has never moved from the spot in all this time, it is unsightly, has a puncture, is taking up a valuable parking spot and is causing a nuisance to neighbours who cannot park near their homes because of it. What makes this all the more galling is the offending family already have three cars in their household so you think they'd try and be a little bit more considerate instead of dumping box carts on an obviously crowded street willy nilly.
Can anyone advise me on the law relating to parking unhitched trailers on the public highway and/or how to get the thing shifted? We've tried reasoning with them but to no avail.
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The point to remember is that you do not own the public highway and thus you do not own any parking space in the street. Whoever gets there first can park there for as long as they like unless there is a parking restriction. The fact that they have 3 cars is not relevent. We had a very similar problem some years back in Liverpool. Our road was full of people (who didn't even live in the street) parking caravans and trailers leaving very little room for residents car parking. The council, after some complaints from the residents, came up with parking restrictions which solved the problem. Overnight parking between 5pm and 9am was permitted, daytime parking was limited to 1 hour with no return within 2 hours. Weekend was unrestricted. A couple of traffic wardens during the first couple of weeks soon solved the problem. OK so there were a few 2 car families who were inconvenienced but the majority benefited. Where the caravans and trailers went I know not and neither do I care. So, contact you local council highways dept. , its their road.
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I would have thought it would constitute a nuisance,or possibly obstruction.Have a look here tinyurl.com/elwd4
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Not sure if badgering the council for a Traffic Regualtion Order is the best route to go down it's a bit like cracking a walnut with a sledgehammer. I fear this may cause more problems than I need solving at the moment, especially if it could mean me having to be on 8 hour car moving duty every time I have a day or holiday off work (unless these restriction were part of a resident's permit scheme-you never said)
I was hoping someone might have had previous experience of dealing with a similar matter from a legal perspective, maybe calling up some section of the Road Traffic Act or the Highways Act which deals with the parking of trailers or caravans on the highway.
Contacting the highways authority is an option of course, but let's see what comes up here first.
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You could suggest to the police that the trailer is causing an unnecessary obstruction or, alternatively, the council who normally now deal with this type of problem.
This link's information will apply to all (English?) councils:
tinyurl.com/pkdag
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
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Well it requires reflectors and it needs to be parked facing the correct way !, no road tax or other documents. As much right or otherwise as a any other vehicle parked in that road. Talking to a local MP (Labour) recently he was bemoaning the fact of crowded terraces and front gardens and asked an open question "maybe we (HMG Presumably) should pass a law".
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Wouldn't a large wheeled vehicle, even one without an engine, parked on the carriageway need to be insured?
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No - the words Mechanically propelled are they key. Check your local by-laws there may very well be a prohibition on parking trailers in a street.
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Much easier. Tell the council it's abandonned. They'll remove it foc.
madf
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aye and get locked up for theft....
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I'm tempted to go down the 'abandoned vehicle' route, apparently the authorities give the owner at least 7 days to respond to a note they leave on the vehicle (according to the Road Traffic Act a trailer is a vehicle, and so is a caravan :)) so if anything it will give them a start.
Also on sections 3 and 5 of the Road Traffic act it could also be construed as a nuisance on the grounds that it looks unslightly and is causing an obstruction to householders wanting to park in the limited spaces on the street.
I was curious as to whether trailers/caravans and the like need some form of road tax or should at least be parked on a private drive when not hitched up to a vehicle. I mean what's to stop me pitching a tent outside someones house in the road or ordering a row of skips? Surely there must be some legislation that controls or regulates what can and can't be parked in the highway
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No need for a tax disc. Check the bylaws.
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How about this for an idea, assuming that the trailer is not already outside their house.
You'll need to have the help of some more friendly neighbours. Wait until there is a spare parking space outside the house of the trailer owner, and park a car there.
At a suitably quiet time, remove the car, and push the trailer into the spot.
That way the inconvenience will hit them the most.
Or, for the more adventurous, keep moving the trailer aound the street every few days.
They might get the message.
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Be very careful of CCTV if you go down this road - or you may end up starring on Neighbours from Hell.
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The best option is a friendly chat with the neighbours although I can understand that this does not always work.
I had a similar experince with my neighbour who parked a car on the road that was not taxed.
My other neighbour called the police and they got it shifted immediately.
You cannot use the public highway - even for parking if you do not have tax or insurance.
Even a skip has to be insured if it is on the public high-way.
My advice - call the police.
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If you lay hands on someone's property they may get irate even if you do no damage as such. People with three cars and a trailer in a crowded street are quite likely to be as assertive in defence of their space as they are in encroaching on everyone else's. Try talking, then complain.
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Yup, we had residents parking permits. You need to be very careful about moving anything not belonging to you. Carn't you just send the boys round to have a friendly word!!!
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It IS fitted with light at night?
It IS lit at night?
If not, it's a hazard if on the road..
Point it out very politely to them.. If no action advise police: unlit/uninsured etc..
madf
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Depending on how many tattoos, body piercings and baseball hats are in evidence at the trailer owners home I suggest that polite conversation may be pointles, that's your call. Having lived next to something similar and been assaulted by him during a discussion over parking I suggest you call plod and let him get on with it on your behalf. If you try to negotiate, get told to go away and multiply, and then plod turns up he is probably clever enough to work out that this is a result of you calling them and further unpleasantness may follow "I know where you live" etc.
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Not sure how relevant this is as it doesn't involve a trailer, but a van.
Van in question, marked with company name, was left parked opposite my house for ages. Eventually, it got wheel-clamped. However, the owner (or lessee, I am not sure which) has simply got a new van, same logo, same everything, which is now also parked in the street. Original van remains, still clamped, council has not come to investigate, remove it, or anything else.
Unfortunately, police do not respond to stuff like this any more. I would not even begin to dare making polite conversation, and where i live have had 2 or 3 completely unprovoked cases of criminal damage to either my car or my home, all of which were not judged as serious enough for police to attend. (Serious enough for blimmin' big repair bills for me though!)
Sorry, cannot recommend anything, just wanted to say I know how you feel.
HF
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I had a similar situation and I contacted my Council via their website and within a week the trailer was removed! Not sure if the rules are different in Scotland?
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This is my Council's website
tinyurl.com/pz9wx
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It is an offence contrary to Reg 103 MV (Con and Use) Regs 1986
for a person to cause or permit a MV or trailer to stand on a road and cause an unneccessary obstruction. There is a similar offence under the Highways Act 1980.
It was held in the case Nelmes v Rhys Howells Transport Ltd 1977 that the Highway provides a means of transit and is not intended as a store. Likewise in Solomon v Durbridge 1956 if was mentioned if left on a road for an 'unreasonable' amount of time may be an unreasonable obstruction.
However at the end of the day it will be the Magistrates to decide if it is an obstruction. The problem is getting the Police/ Local Authority (LA) to take a case of this nature to
Court bearing in mind the scale of other problems they face.
So what to do?
If anything along the legal lines then essential in my view that an approach be made to the culprit in an effort to resolve the problem. If they agree then problem solved, if not ammunition in the belt.
If they refuse then consider getting a group approach with the neighbours to try an get the LA to exercise their power under Section 149 Highways Act 1980:
Anything deposited on a Highway
('deposit' should be given a broad meaning - Scott v Westminster City Council 1995 )
as to constitute a nuisance LA by Notice require depositor to remove forthwith. Failure to do so LA can apply to Mags Crt by complaint for an order of removal/disposal Order.
If the LA has reasonable grounds that the object constitutes a danger to users of the Highway may remove forthwith.
Any costs involved can be claimed from the depositor.
Presume this is in a 30 mph which relieves the obligation on lighting at night.
Trailer parked detached from towing vehicle should have parking brake applied if fitted or if one not fitted then at least one of the wheels prevented from revolving by use of a chain, chock or other efficient device. Offence not to do so. Reg 89 MV (Con and Use) Regs 1986.
Also:
www.tinyurl.com/2mt93
scroll down to Form 1?
dvd
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Presume this is in a 30 mph which relieves the obligation on lighting at night. dvd
Don't want to tread on DVD's toes but HC says
"224: ... Other vehicles and trailers, and all vehicles with projecting loads, MUST NOT be left on a road at night without lights.
Law RVLR reg 24"
This implies trailer owner is offending if trailer isn't lit at night, 30 mph limit or no.
Hawkeye
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Stranger in a strange land
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A trailer or caravan or comercial vehicle wieghing over 1525Kg would have to be lit a night and is not exempt in the same way as cars. Report it and insist something is done.
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I see you have tried reasoning with them, but have other residents tried as well? If not then my advice may cause you problems.
I feel indirect attention must be brought to the owner of the trailer. Write a letter using the information from DVD to point out their liability. This will ensure they know the full legal position before anything happens. Do ensure there is no link to yourself and then drop it through their letter box.
If nothing is then done to remove the trailer within a reasonable time, then contact the local authority as it appears the trailer has been abandoned, do not forget mentioning the flat tyre.
You could also have a joke tomorrow morning (1st April). Put a large For Sale or Free to Good Home sign on it, with a condition it must be removed by noon!
--
Roger
I read frequently, but only post when I have something useful to say.
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Put a large For Sale or Free to Good Home sign on it, with a condition it must be removed by noon!
The sign, or the trailer?
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>> Put a large For Sale or Free to Good Home sign on it, with a condition it must be removed by noon! The sign, or the trailer?
I think I mentioned the date of 1st April, so interpret which ever way you like!
--
Roger
I read frequently, but only post when I have something useful to say.
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Whilst I agree with DVD's suggested legal remidies I guess that the CPS might be less than adventerous on this.
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The trailer on its own is probably not insured to cover third parties. In that case it would be an uninsured vehicle and so shouldn't be left on the road.
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Thanks for all your help, I've gleaned as much as I can from all the advice posted here and the bottom line seems to be that a) The trailer probably isn't insured on its own.
b) It has no lights on at night
c) It doesn't have any form of wheel restraint
d) It IS a nuisance
e) It is obstructing residents from parking.
Allied to this:-
a) It will be getting reported as abandoned (the flat tyre should help give this assertion some credibility)
b) It will be put up for sale, ce-soir, apres un peu de vino, all in the name of April Fool's of course :)
FOR SALE £10, MUST GO BY NOON!
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FOR SALE £10, MUST GO BY NOON!
Why not add? Please put money in an envelope and post through letterbox before towing away;)
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It doesn't need insurance.
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