14-07-2018

It must be confusing for this vans driver. On one hand they are parking on the pavement legally but on the other illegally. (The van`s been parked here for a few days now).

Confused, well…. by law, so far anyway, it`s not illegal to park on the pavement but it is illegal to block the pavement in such a way that other users can`t use/access the pavement. Even that can be confusing. For example: someone walking along the pavement might find the pavement still accessible, in that case the van is not blocking the pavement so is parking legally. Then someone else comes along whether it pushing a pram, a wheelchair, a class 2 or 3 mobility scooter or something else and they can`t get passed the van parked on the pavement the van is now parking illegally.

What to me makes this more annoying is my wife and I use this pavement to access Central Park on our mobility scooters to take our elderly dog for his walk around the park and since the only dropped kerb that allows us access to this access/exit point is at the entrance to this part of King Street. We have been getting past the van, by going part over the pavement edging to get past this van.

There are usually cars park on the pavement where the van is parked but they leave plenty of room, but this van not so.

I suppose I can phone the police and report this van for blocking access to the pavement for my wife and myself but if I did that for every vehicle blocking the pavement in such a way I can`t get passed around Cowdenbeath I would spend most of my time on the phone because there is a lot of inconsiderate drivers in Cowdenbeath.

I had got in touch with Police Scotland just to make sure I was correct about vehicles blocking access is illegal and was given “I believe the legislation you are looking for is sec 130(1) Highways Act 1980. If you were to enter that into a search engine you will be able to access the information you are seeking.”

This took me to

Highways Act 1980

130 Protection of public rights.

(1)It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.

There is more at http://www.legislation.gov.uk/ukpga/1980/66/section/130  but as far as I can tell it means that it is illegal to block a pavement in such a way (roadwork signs on the pavement instead of the road where they belong, household bins (council workers leaving them across the pavement), vehicles parked inconsiderately)  that anyone wishing to use the pavement whether it is an individual, a parent with child/pushchair, someone using a wheelchair or mobility scooter (class 2 or class 3 at low speed setting), etc to get them A to B.

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