When is a pavement not a pavement ? - skorpio
In my local town is a cut through road which links a main road to a large retail park. It's used as a rat run by many cars. The pavement on each side of the road is flush to the road surface along much of its length. Some of the pavement has a solid white line denoting the edge of the road and in other places there are kerb stones which only sit half an inch or so above the road surface.
Because it's a narrow road and has the occasional parked car, many motorists resort to driving on the kerb. I don't drive on it and have endured the frustration of many oncoming motorists who felt I should have moved over to let them past a parked car on their side of the road!

My question is if a pavement is not raised and in some parts not clearly marked by kerb stones or white lines, is it a pavement at all or just a different coloured piece of highway and if I was to drive on it could I be prosecuted by plod?

Edited by Pugugly on 07/12/2008 at 19:06

when is a pavement not a pavement - Happy Blue!
I think that you are being a little pedantic. In many cases in my job there is a block caused by a car parked on the road (or even half on the road), and the only way through is to drive partially on the footpath for maybe 10 yards. I don't have a problem with this, as long as it is done carefully, slowly, with no pedestrians in the vicinity.

You can cause a great deal of road rage by being technically correct but actually being awkward. Surely we should all drive so that we do not impede the flow of traffic, but help it along as much as we can without being the driving equivalent of a jobsworth.
when is a pavement not a pavement - Lud
I have never understood this squeamish attitude to driving or parking on pavements, citing a host of laws and regulations and using a lot of special and sometimes speculative pleading on behalf of the disabled, mothers with side-by-side twin pushchairs, the elderly, the fragile cable, plumbing, gas and sewage mains suspected of being just below a paper-thin surface, etc. If it is done with care and commonsense though I see nothing wrong with it at all.

The reasons for driving or parking on pavements are often overwhelmingly strong, unlike most of the reasons advanced for not doing these things. I once got a mouthful from a policewoman for putting two wheels on a wide, totally empty pavement behind King's Cross station while doing a U-turn. I put the two wheels on the pavement to allow a car to pass. This silly woman asked 'what if there had been a child there'. Obviously if there had been I wouldn't have done it, but the plodette was clearly unpleasant as well as almost half-witted. Fortunately her (male) partner managed to shut her up.
when is a pavement not a pavement - Mr X
The children, the children, won't somebody think about the children !!
It's become a National cry in this country.Perhaps we should photograph every police car and council services vehicle we find with two wheels on the pavement and make a big song and dance about it.
when is a pavement not a pavement - sierraman
Perhaps we should photograph every police car and council services vehicle we find with two wheels on the pavement and make a big song and dance about it.

Do you mean like this?


tinyurl.com/66zrhd
when is a pavement not a pavement - Lud
Do you mean like this?


You tryna be funny, shir? Bitva comedian are we? (BURP!)
when is a pavement not a pavement - Big Bad Dave
My street also has a pavement which is flush with the road but a different colour. It gives the impression of a pedestrianised area. Everybody drives on it, one or two people park on it but what's important is that nobody races down it so the overall effect is a good one.
when is a pavement not a pavement - MikeTorque
Lets be clear about this, driving and parking on a pavement is illegal, dangerous, selfish and socially unacceptable. The police can and do impose fines on offenders and the more the better as far as those who actually walk along and the use pavements or need fire access are concerned.

For those who think it is ok to park or drive along a pavement think again. Consider what it's like when a pavement is blocked or partially blocked with a car for those who drive a Mobility vehicle or push or use a wheelchair, or pram pushers, parents with children or walking with a dog or just walking.
when is a pavement not a pavement - Altea Ego
>For those who think it is ok to park or drive along a pavement think again. Consider what >it's like when a pavement is blocked or partially blocked with a car for those who drive a >Mobility vehicle or push or use a wheelchair, or pram pushers, parents with children or >walking with a dog or just walking.

As LUD said, we wouldn't drive on a pavement if there was a Mobility vehicle, pushchair wheelchair, parents with children or dog walkers.

But to block a whole road for minutes at a time because you refuse to briefly use a clear pavement to navigate round the obstruction is equally dangerous, selfish and socially unacceptable
when is a pavement not a pavement - Dulwich Estate
"For those who think it is ok to park or drive along a pavement think again. Consider what it's like when a pavement is blocked or partially blocked with a car for those who drive a Mobility vehicle or push or use a wheelchair, or pram pushers, parents with children or walking with a dog or just walking."

Please excuse my laughing - the carriageway in my own residential street is relatively narrow and when home owners very sensibly parked their cars with 2 wheels on the footpath to allow through traffic to move easily along the road the Council promptly ticketed the offenders because they were clearly breaking the law.

The next day, to avoid tickets, the residents all parked properly in the road and by evening rush hour the police were on the scene to direct through traffic around the huge jam.

A week later we got little grey poles with permitted pavement parking signs and white bays marked out on the footpath. Commonsense ruled and nobody, not even the council, gave a stuff about the apparent difficulty endured by pushchair owners etc.

This farce must have cost thousand of pounds and guess who paid?
when is a pavement not a pavement - Big Bad Dave
"those who ... push or use a wheelchair, or pram pushers, parents with children or walking with a dog or just walking"

Without exception, everybody on our street just walks down the middle of the road. As I said it gives the whole street a pedestrianised feel. It's a wonderful traffic calming measure yet uses no furniture or speed humps.
when is a pavement not a pavement - GJD
Lets be clear about this driving and parking on a pavement is illegal dangerous selfish
and socially unacceptable.


Oh for heaven's sake. Generalisations like that make you sound like a stereotypical small-minded, sanctimonious, pointless little letter-of-the-law jobsworth. I'd have thought you wouldn't want to sound like one of those.

Driving or parking on a pavement is sometimes dangerous and sometimes selfish. In those cases it is entirely appropriate that the law deals with the offender.

Driving or parking on a pavement is sometimes neither dangerous nor selfish, indeed quite the opposite. Examples have been given in this thread. If those cases happen to still be technically illegal then so what? Laws do not exist for their own glory, they are simply a means to an end - an attempt to produce some desirable outcome. Where a technical transgression of the law does not hinder that outcome that is simply an illustration of the fact that it is often difficult to write down a rule that sensibly covers every real world situation that may arise. To blindly and simplistically enforce a law without remembering this fact and without keeping the real purpose of that law in the forefront of the mind serves no positive purpose. It is simply petty and entirely misses the point of having laws in the first place.
when is a pavement not a pavement - Westpig
nicely put GJD.....the bigger picture etc....some just don't see it.

Sir Douglas Bader's quote springs to mind again: "Rules are made for the guidance of wise men and the blind obedience of fools".........
when is a pavement not a pavement - mjm
>>Sir Douglas Bader's quote springs to mind again: "Rules are made for the guidance of wise men and the blind obedience of fools"......... <<

A prime example of of a fool who thought he was a wise man.

"These rules don't apply to me -------- whoops, there goes my legs and an expensive aircraft"
when is a pavement not a pavement - Harleyman
Lets be clear about this driving and parking on a pavement is illegal dangerous selfish
and socially unacceptable......




.....and should be punished by public flogging, hanging, drawing and quartering! ;-)

Lighten up mate; the OP was about having to drive on a "pavement" to get past a parked vehicle. If we all sat and waited for such vehicles to be moved rather mount a kerb, having first checked that it's safe to do so, every road in the country would be gridlocked!
when is a pavement not a pavement - Hamsafar
Common Law dictates that you are not supposed to obey a law literally to the point of absurdity or to make mischief. Judges test for 'the absurdity rule' and the 'mischief rule' when judging cases.
when is a pavement not a pavement - Armitage Shanks {p}
A pavement is not a pavement when it is being used by cyclists. Also, SFAIK, it is absoltely, totally, 100% forbidden to go thru or ignore a red traffic signal, even if this action prevents or delays the passage of an emergncy vehicle, and even if common sense suggests that one should make way. DVD, Westpig, MLC?

Edited by Armitage Shanks {p} on 03/12/2008 at 21:57

when is a pavement not a pavement - Lud
If they give an opinion, it will favour commonsense where that runs contrary to the letter of the law. And so it should.
when is a pavement not a pavement - Mookfish
Lets be clear about this driving and parking on a pavement is illegal dangerous selfish
and socially unacceptable.


As I type this my car is parked with 2 wheels on the pavement, dosn't mean the pavements blocked though, I know for a fact that there is still enough space for the old lady up the street to get past with her 3 wheeled walking frame, I know that I can get the side-by-side double buggy out the front gate, turn witchever way I need to go without touching the car.

Pavement parking dose not have to mean the entire pavement is blocked, and as to "fire access" I assume you mean access for fire engines, well you wouldn't get a fire engine down here if we didn't all park with 2 wheels on the kerb.
when is a pavement not a pavement - welshlad
i have to ask what people would prefer the occasional car parked on the path in order to facilitate traffic flow or the local authority complusory purchasing 10 feet of your garden in order to widen the road, i think most of the people who complain about cars parked on the pavement even when its not causing a blockage to pedestrain traffic would not like the latter choice
when is a pavement not a pavement - grumpyscot
Local planning authority refused planning permission for a chap to build a garage. This would mean he would have to cross a section of the monoblocked "road" that was differently coloured - in their way the differently coloured section was deemed pavement. (The chap already had a garage, but wanted it moved to a different side of the house).

They used the same logic for a section of grass - they classed that as pavement / pedestrian area too. They exlained that if there had been a section on the other side of the street differently coloured, then they would have accepted that a pavement would still be available. But as the difefrent colours were only on one side of the street, then NO.
when is a pavement not a pavement - L'escargot
Councils usually point out that pavement parking can cause damage to underground services. For example tinyurl.com/5b4q27

I know I've made this point before, but on one occasion we had a gas leak outside our house caused by pavement parking. Gas leaks can lead to explosions.
when is a pavement not a pavement - Cliff Pope
Nobody has addressed the point actually made by the OP, What is a pavement?

In this particular example there appears to be little to actually designate that portion of the road as "pavement". How are you supposed to tell? Will the LA have a plan delineated the staus and extent of the carriageway v the pavement?
when is a pavement not a pavement - jbif
Sir Douglas Bader's quote springs to mind again: "Rules are made for the guidance of wise men and the blind obedience of fools".........


That should be made the first lesson taught to anyone who has to make decisions based on "rules" or "guidelines".
I only wish that the jobsworths would understand that "guidelines" are "guidelines", to be applied with discretion and common sense, and not rules written in tablets of stone
[ranging from the numpties who blindly follow anti-Money-laundering guidelines, to the Police who shut off Motorways for hours because APCO guidelines say so].

when is a pavement not a pavement - tyre tread
"Nobody has addressed the point actually made by the OP, What is a pavement?"

Probably because its a grey area :-)

when is a pavement not a pavement - Cliff Pope
Probably because its a grey area :-)


Very good. So not a psychopath then!
when is a pavement not a pavement - L'escargot
Some of the pavement has a solid white line denoting the edge of
the road and in other places there are kerb stones which only sit half an
inch or so above the road surface.


For the road in question are any parts at the edges not designated as pavements by either kerb stones or a white line? If there are undesignated parts are those parts both level with the highway and surfaced with the same material as used for the highway? If the answers are "no" then it should be quite apparent that the pavement is continuous.
when is a pavement not a pavement - L'escargot
My question is if a pavement is not raised and in some parts not clearly
marked by kerb stones or white lines is it a pavement at all or just
a different coloured piece of highway and if I was to drive on it could
I be prosecuted by plod?


After some research on t'internet it looks as if the relevant question is "what parts of the road have been designated as footways". The use of the correct word is important. The local council will be the relevant authority to answer this question.

Edited by L'escargot on 04/12/2008 at 10:50

when is a pavement not a pavement - Hamsafar
"Nobody has addressed the point actually made by the OP, What is a pavement?"

It is a footpath. There are three classifications of footpath and they have to be inspected and maintained to a standard dictated by their classification. (ie bus route, how busy etc...)
when is a pavement not a pavement - MikeTorque
Well look how many of you fell for my baiting with your remarks. Some of you are so predictable with your responses you're laughable.
Thanks guys you made my day.
when is a pavement not a pavement - Big Bad Dave
"Well look how many of you fell for my baiting with your remarks. Some of you are so predictable with your responses you're laughable."

lamest bit of back-peddling I ever did see...
when is a pavement not a pavement - L'escargot
Well look how many of you fell for my baiting .......


I thought your post made some sensible points.
when is a pavement not a pavement - skorpio
After some research on t'internet it looks as if the relevant question is "what parts
of the road have been designated as footways". The use of the correct word is
important. The local council will be the relevant authority to answer this question.


Thanks L'escargot. I knew if I waited long enough, someone would respond to the original thread.

when is a pavement not a pavement - busdriver
I am a part time bus driver in a rural town with a narrow high street The high street is often blocked with delivery vans and cars parked whilst driver is in the adjacent shop meanwhile the usual footpath users are passing by and stepping into the road to avoid chatting pedestrians. Got the picture sometimes the only way through is to 'kerb it ' Never heard of a problem yet. Its a fact of life. Just take care and avoid the shop signs etc.
when is a pavement not a pavement - Lud
In London, many of whose corners have been made tighter and more difficult for vehicles by misguided malevolence on the part of the authorities, these modern long-overhang double deckers sometimes sweep a front corner a foot over the kerb, and sometimes a back wheel will climb over a corner of kerb too. You wouldn't want one running over your toe...
when is a pavement not a pavement - Pugugly
Its not straightforward as you may imagine. There is a great deal of case law around it. I took on a case recently - I had excellent guidance from a Senior CPS Prosecutor. I'll post it here if I can find it on my Blackberry. Personally I disagree with pavement parking but the law is a mess and I'm happy to exploit loop-holes as it pays for mince pies. Lot on non-legal issues around this including damage to paving, services and the cars that mount the kerbs.

www.north-wales.police.uk/portal/blogs/acc/archive...7

Have a look at the above for another perspective.
when is a pavement not a pavement - Rumble
When it is not a highway.

?footpath? means a highway over which the public have a right of way on foot only, not being a footway; Section 329(1) Highways Act 1980.

?highway? means the whole or a part of a highway other than a ferry or waterway??.maintainable at the public expense? . Section 328 Highways Act 1980.

The above law is the bottom line and then what Judges decide if there is a dispute over meaning of words. IMO.

when is a pavement not a pavement - Rumble
And what do the Judges say:

As statute law does not fully define ?highway? reference is made to common law (law passed down by decisions in courts) and here, put simply, it says a ?highway? is a way over which all members of the public have the right to pass and re-pass without hindrance.

So it is a mixture of statue and common law. There are many decide cases on the subject and, as often in law, it is not a clear cut area. That is where your lawyers make a living.

Edited by Rumble on 07/12/2008 at 21:31

when is a pavement not a pavement - Pugugly
As rumble says its the stated cases that make a difference. Its an area of law that needs tidying up, especially brought into line with disability access laws.

Edited by Pugugly on 07/12/2008 at 21:50