Dropped kerb parking
The Traffic Management Act
2004 enables authorities with civil parking enforcement power to
enforce contraventions of parking at dropped footways (kerbs) in
Special Enforcement Areas.
Ashford borough is a Special
Enforcement Area, and the council has decided that, in certain
circumstances, enforcement action will be taken against vehicles
parked on the carriageway adjacent to dropped footways (kerbs).
Dropped kerbs are where the kerb has
been lowered to make a gentle ramp for pedestrians, pushchairs,
wheelchairs or vehicles. They can be across the pavement, verge or
cycle track and many are indicated by tactile paving.
Section 86 of the Traffic Management Act 2004
stipulates that in a Special Enforcement Area vehicles must not be
parked on the carriageway adjacent to a footway, cycle track or
verge where:
a) The footway, cycle
track or verge has been lowered to meet the level of the
carriageway to assist pedestrians to cross the carriageway, assist
cyclists entering or leaving the carriageway, or assist vehicles to
enter or leave the carriageway across a footway, cycle track or
verge.
b) The carriageway
has, for any of the above reasons, been raised to meet the level of
footway, cycle track or verge.
Exceptions to this parking restriction
are:
1.
Where the vehicle is parked wholly within a designated parking
place or part of the carriageway where parking is specifically
authorised.
2.
Where the vehicle is parked outside residential premises by or with
the consent of the occupier of the premises.
3.
Where the vehicle is being used by the emergency services
4.
Where (a) the vehicle is being used for the purpose of delivering,
collecting, loading or unloading of goods, and such actions cannot
reasonably be carried out without the vehicle concerned being
parked adjacent to a dropped footway and the vehicle is parked for
no longer than necessary and for no more than 20 minutes.
5. The
vehicle is being used in connection with any building, demolition
or excavation work; the collection of waste; removing an
obstruction to traffic; road signing or lighting work; maintenance
of water supply and sewers.
Why is parking not
permitted?
Dropped kerbs are there to assist those who
need to cross the road safely or for vehicle access. Blocking this
access causes obstruction and is a nuisance for other road
users.
This action will not be taken at
residential properties as it is the job of the police to deal with
this as an obstruction under their powers
I am a Blue Badge holder, does this
apply to me?
Yes - the Blue Badge is not a licence to park
anywhere and no-one should leave a vehicle where it will cause an
obstruction. Dropped kerbs are often installed to assist access for
pedestrians who have restricted mobility.
How much is the penalty?
Parking at dropped kerbs is a contravention
for which a Penalty Charge Notice can be issued. Penalties are £70
(£35 if paid within the 14 day period a discount is allowed).
This webpage was updated on
10/11/2011