OK it's slightly complicated:thingamajig wrote: ↑14 Mar 2020, 00:07
I must admit I am confused.
If it's illegal that's it isn't it?
Highway Code rule 244 has states that drivers "MUST NOT park partially or wholly on the pavement in London and SHOULD NOT do so elsewhere unless signs permit it."
MUST NOT are the key words, but that's for London.
SHOULD NOT for the rest of the country means it's advisory but the other rules can kick in:
Highway Code rule 242 states: "You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road."
MUST NOT meaning if your car is reported or seen by the police and judged to be either in a dangerous position or causing an unnecessary obstruction of the road then they can act. But no mention of the pavement.
However, the Highways Act of 1835 says driving on to the foot-way has always been banned. So, if you are on the pavement then you must have drove on it and if there are witnesses, there could be a prosecution.
I think these contradictory rules are being looked at because the rules say it's not illegal to park on the pavement in places but you must have drove on it to get into that position which is against the law