Dropped Kerbs
There are two types of dropped kerbs, those outside driveways allowing easy access to the residents of individual houses and those used for pedestrian crossovers.
The law basically says that you should not obstruct dropped kerbs unless you are obstructing a dropped kerb outside a house with the permission of the owner. Of course, obstructing any dropped kerb will cause inconvenience either to the owner of the property who cannot obtain access or egress from their property, or in respect of pedestrian dropped kerbs you can even cause danger to pedestrians, particularly the elderly, disabled and mothers with prams. The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003. Parking across certain dropped kerbs is also contrary to Highway Code rule 243 which states:
DO NOT stop or park:
• where the kerb has been lowered to help wheelchair users and powered mobility vehicles;
• in front of an entrance to a property.
However, whilst we agree that it is wrong to block dropped kerbs, we also think that it is very wrong for local authorities to enforce dropped kerbs where road markings and signs indicate that you may in fact park across it.
From 16 February 2009 Westminster City Council in London will be one of those enforcing dropped kerbs. However, many of their dropped kerbs have double yellow lines across, so it is very clear to a motorist that they must not obstruct at any time. However, there are many kerbs within Westminster and also other boroughs, which have a single yellow line across them. Of course, dropped kerbs required for pedestrian access should always have double yellow lines across where they are located in a controlled parking zone. By enforcing dropped kerbs with single yellow lines, Westminster Council are enticing motorists to park on a Sunday and after 6.30pm in the evening because a single yellow line indicates that a motorist may park. However, they have confirmed that they will be enforcing dropped kerbs with single yellow lines at any time. So a motorist driving to central London on a Sunday and parking on a single yellow line (as he is entitled to do) albeit across a dropped kerb will receive a £120 ticket from Westminster.
We have carried out a relentless campaign and have told Westminster that it is tantamount to entrapment and that they should install double yellow lines across the dropped kerbs which they wish to enforce. We have pointed out that it will not help the disabled, the elderly and mothers with prams to enforce dropped kerbs with single yellow lines because in busy areas they will always be blocked. If they really wanted to help these types of people cross the road safety then they would install double yellow lines. However, Westminster say it will cost them almost £2,000 per dropped kerb to install a second yellow line! We have complained to the Department of Transport and we set out below text from two emails received, which is self-explanatory.
"The Traffic Management Act gives powers to enforce against parking beside dropped kerbs to local authorities. Such parking is contrary to Highway Code rule 243. There will be no new special signing for this situation.”
However I would agree that in areas of “surface treatment” where kerbs have disappeared or become minimal driver would have grounds to challenge on the ground that the no dropped kerb can be identified. That the area where parking has taken place should be dropped kerb in contrast to (un-dropped) nearby kerb side. These matters will have to be sorted in court or traffic adjudicators."
"I agree a double yellow line is unambiguous. I personally agree single yellow line could be misleading and will try to have that included in any guidance."
"Dropped kerbs in shopping street situation where there may be tactile paving guiding the partial sighted are definitely not a place that should be obstructed. This is contrary to Highway Code. Double yellow line would be best as the most unambiguous approach. I will continue to investigate what guidance we can give to London Local Authorities to avoid single yellow lines."
We have sent this information to Westminster City Council by email, but they will not respond to us. They say they have done an information campaign, but there is nothing on their parking home page and there is nothing in their latest edition of The Westminster Reporter.
What the Highway Code says is clear, however, unlike most sections of the Highway Code, there are no details of the law written underneath. We will wait to say what the adjudicators say when motorists who feel they have been trapped by Westminster take their case to appeal who are more keen to make money than keep the kerbs clear go to the adjudicator.
The highway code says that "you must not wait on single yellow lines during the hours of operation" so where you have a single yellow line across a dropped kerb there is a conflict.
Also under the 2004 act a dropped kerb must be dropped to the level of the road. Many dropped kerbs are lowered to just above the road and there is still a small step. We do not believe that these are dropped kerbs and they may be unenforceable.
Shown below: Double yellow lines across dropped kerbs are crystal clear to a motorists that waiting is not allowed so this kerb will always be free for pedestrians.
Shown below: Motorists are parked across the dropped kerb on a Sunday because the single yellow lines indicate that they may do so.
Shown below: Here you can clearly see 2 kerbs. As it is Sunday the one with the single yellow line is blocked and the one with the double yellow line is not. We call this entrapment as single yellow lines allow parking on a Sunday and after 6.30 in Westminster.
