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I said that in another thread tonight. I wonder if this can be confirmed too.
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Not sure myself - back in work tomorrow so I'll check it out if I remember. DVD might be along in a minute.
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Thank you, would also welcome confirmation on this point.
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Section 137 Highways Act 1980 states that if a person without lawful authority or excuse in any way obstructs the free passage along a highway he is guilty of an offence.
A like offence is under Section 28 Town Police Clauses Act 1847 in that every person who in any street, to the obstruction, annoyance, or danger of the residents or passengers, wilfully causes any obstruction in any public foot path or other publuic thoroughfare commits and offence
What amounts to obstruction is a question iof fact for the Magsitrates to decide having regard to the length of time the obstruction continued , the place where it occurred, the purpose for which it was done and whether it caused an actual or potential obstruction the case DPP v Jones [1999] stated confirming that stated in Nagy v Weston [1965].
In the scenario of the vehicle parked across an exit/egress to a property the argument is that the right of use of the highway is denied when wanting to join but not so when when wanting to pull off onto what will be private land. In the former an offence seems to be commited in relation to one of the two offences outlined above above.
Section 86 Traffic Management Act 2004 creates the offence of parking across a dropped footpath but this only applies in a Special Enforcement Area so an Order is needed and it should have signs to this effect.
There are exemptions to this
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Permission given by the occupier of property effected,
Vehicles used by Emergency services and other Statutory Undertakings,
Delivering/Loading goods too heavy to be carried from a legal place - max period allowed 20 mins.
A somewhat similar offence of unecessary obstruction is at Reg 103 Motor Vehicles (Con and Use) Regs 1986 but that specifically mentions obstruction by vehicles standing on a road.
dvd
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DVD... would it make any difference to the person trying to get back into their drive/garage if they'd put up a sign saying "Access required 24hrs" (or similar)?
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........ put up a sign saying "Access required 24hrs"
Adding "by psychopathic owner" might be of value!
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I posted something earlier this year
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=70...4
A new law brought in last year means drivers in England could be fined £70 for obstructing a driveway, and the penalty in London is £120.
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Thanks to DVD and Martint123 for the information provided.
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If these things obstruct our right of way, are we entitled to remove them?
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b308:
No. But a sign (must not be on the road) to the effect that the driveway is in constant use may deter?
martint 123:
Not aware that it is a common and garden offence. My understanding is that a Special Enforcement Area (See Schedule 10 TMA 2004) Order has to be applied for and if granted then offences under TMA can be reported/ticketed by CEO. Effect of Order has to be signed.
FT
One has to be very careful on this as tampering with a motor vehicle is an offence and if damage caused may open the realms of charge of criminal damage.
dvd
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What if the obstructee were to purchase their own wheel clamp and erm, kind of use it on a car blcoking their drive?
Would this still be classed as tampering?
And if this is tampering, how do those wretches in supermarket car parks get away with putting flyers on car windscreens without prosecution?
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To clamp you would need to take out a Licence with the Private Security Industry otherwise again in the do do....
dvd
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DVD: I got the impression that the offence of interference under Criminal Attempts Act 1981 was connected to intent to steal contents , or TWOC. I may be wrong. Further, RTA 1988 S25.
"Tampering with motor vehicles
If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person?
(a)gets on to the vehicle, or
(b)tampers with the brake or other part of its mechanism,without lawful authority or reasonable cause he is guilty of an offence."
This vehicle is not on road or LA parking place, and the brakes do not need to be tampered with to get it away. Four tea trays under the wheels?
Edited by nortones2 on 23/02/2009 at 17:23
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I think we're getting into the realm of what is a lawful excuse, now.
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