Enforcement of double parking and obstruction of dropped kerbs

Local Authorities' Traffic Orders (Procedure) (England and Wales) (Amendment) (England) Regulations 2009.  Traffic Management Act 2004 (Sections 85 and 86)

In June 2009 The Secretary of State for Transport made the above amendment in order to allow for the enforcement of the prohibitions imposed in the Traffic Management Act in regard to vehicles causing an obstruction by double parking or by parking in front of dropped or raised footways.

The purpose of this legislation is to help prevent inconsiderate and selfish parking which causes inconvenience to property owners and compromises road safety.

There is no requirement to place traffic signs on or near any road where enforcement of these prohibitions is to take place, as long as the road lies within the Special Enforcement Area (SEA) designated by the Secretary of State.

The SEA covered by Blackburn with Darwen Borough Council is the whole of the Borough of Blackburn and Darwen.  With effect from 1st May 2013, Parking Services, on may issue Penalty Charge Notices (PCN)s to any vehicle within the Borough found to be obstructing crossing points or driveways with dropped kerbs, or the flow of traffic on the highway, by being parked alongside another vehicle or more than 50cms from the kerb.

In an SEA, a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where it has been lowered (or the carriageway raised) to assist pedestrians crossing, or cyclists and motorists entering or leaving the carriageway.

This is subject to the following exceptions, where the vehicle:

  • is parked wholly within a designated parking place, therefore permitted
  • is parked outside premises by or with the consent of the occupier
  • is one being used by the Emergency Services
  • is being used for delivery of heavy goods or loading or unloading to premises
  • is being used for waste collection or for undertaking works nearby

The exception for loading is given where a vehicle cannot reasonably be parked anywhere else and is parked for no longer than necessary (no more than 5 minutes).  References to parking include waiting, but do not include stopping to allow people to board or alight from a vehicle or where a vehicle has broken down or has been forced to stop to avoid an accident.

Double parking is defined as a vehicle being parked alongside another parked vehicle on the carriageway and not actively involved in loading or unloading.  It also means vehicles parked more than 50cm away from the kerb or footway.

Any vehicle suspected of being parked in contravention of these two new parking prohibitions will be observed to ensure that any of the five exceptions listed above do not apply.  If a contravention is established following observation, a Penalty Charge Notice will be issued.

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