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Reversing off a driveway onto the road


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#1 sportbilly42

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Posted 27 March 2009 - 11:34 AM

A quick question.... By the strict letter of the law, is it illegal to reverse from a private driveway and onto the carriageway?

A bit of a neighbour dispute is brewing in a quiet residential road where an elderly couple are being intimidated by a resident on the opposite side who is complaining about them parking on the road at a point opposite his new driveway. There is enough road width for the guy to manouevre without NEEDING to move the car on the opposite side of the road, PROVIDED THAT he reversed into his driveway on every occasion. Driving out rather than reversing out would then be easier as well.

Reg 106 of the construction & Use Regs 1986 state "No person shall drive, or cause ..(etc), a motor vehicle backwards on a road further than may be requisite for the safety or reasonable convenience of the occupants or other traffic....."

OR is the vehicle parking opposite the driveway guilty of unnecessary obstruction?

It's one I'll be passing to the Neighbourhood Specialist Officer for him act as referee, but would appreciate some advice for him to consider before he gets directly involved...

Cheers

Edited by sportbilly42, 27 March 2009 - 11:35 AM.


#2 blueb

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Posted 27 March 2009 - 01:51 PM

If it is a new driveway then presumably it would have been passed by the local planning authority.
Never apply the strict letter of the law in neighbourly disputes or they will come back and bite you.

#3 Alpachino

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Posted 27 March 2009 - 01:57 PM

My thinking was that you shouldn't reverse out of a driveway onto a road.

There always has been a dispute where i live with regards to parking....It's usually the people who no longer live here any more and are visiting relatives that cause the problems.

Does his driveway have planning permission? Is the curb lowered? has the curb lowering been approved? (This is a relative reeling these off for me who is a planning enforcement officer).

Edited by WannabePc4, 27 March 2009 - 02:01 PM.


#4 Molloy

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Posted 27 March 2009 - 02:02 PM

Reversing further than necessary isnt going to stick. The point to prove is that the vehicle is reversing on a road, and a driveway is not a road. Until the vehicle actually gets onto the highway there is no offence being committed and I suspect once it is on the highway that it is no longer reversing.

Parking opposite a driveway is extremely unlikely to constitute illegal obstruction.

Failing to comply with the highway code is not an offence, but it can be used in evidence to help prove another offence that has been committed.

This is what you might call a typical SNT issue, in that there are no offences being committed and its just a case of attempting to facilitate people growing up and acting like adults.

#5 TheGrimReaper

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Posted 27 March 2009 - 02:43 PM

here's what the HWC says

201
Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.


so it's not illegal at all to reverse out of your driveway. May not be prudent, but certainly within the law.

There can be many reasons why it would not be possible to reverse on to the drive; an obstruction at the road edge (tree, lamp-post, litter bin etc) may mean that driving in and reversing out is the ONLY option.

Also consider the scenario where when you get home at tea-time the road is very busy therefore it would be unwise to stop,block traffic flow, and then reverse (and that only works if the numpty behind realises what you are trying to achieve and doesn't stop 2 inches behind you :whistle2: ) . whereas at 7am when you go to work the road is deserted.

IMHO, some individuals need to act like grown ups and sort it out themselves

#6 Ernest Marsh civilian

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Posted 27 March 2009 - 03:30 PM

At the very least I would be suggesting it would be safer to drive out rather than reverse.

But also if they can drive INTO the drive with the neighbours car opposite, then it is clearly possible to reverse out while it is there.

#7 blueb

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Posted 28 March 2009 - 08:50 AM

Trouble with neighbourly things is that other neighbour being parked on the road is it absolutely belt & braces legit in the circs and if not, be prepared to take action for all concerned and open up a real rats nest of issues.

#8 sportbilly42

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Posted 31 March 2009 - 10:20 PM

Unsurprisingly, the Neighbourhood Specialist Officer wisely decided to keep a low profile when asked if he'd care to intervene in this parking related issue...... Unfortunately it has now escalated into physical assault and criminal damage of the cars involved so has moved up a peg, but at least is no longer in the 'grey area' of "Is it obstruction or is it parking......" :boxing:

#9 Panda Plodder

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Posted 01 April 2009 - 01:08 PM

Just a point here:

If you reverse out of a driveway and are hit by a another car, you are at fault and probably likely to be done with driving without due care.


I have this problem because I am near enough opposite a village school, the road is a narrow lane with pavement on the opposite side. People are coming from miles around (neighbouring towns as far as 15 miles away) to drop there kids at the school/nursery.

Several things:

If a car parks opposite your driveway whilst a car is on your driveway then they may be causing obstruction and can be ticketed appropriately, I asked the local Area PC who does not seem to want to get involved himself, just told me to phone it in and ask for RPU to attend.

They even park opposite the entrance to a long cul-de-sac road which stops larger vehicles entering and leaving.

We have problems with LGV's, Farm vehicles, Fire Engines (I don't no why but the Police always seem to think Fire Engines can bash their way through without damaging themselves - doesn't happen in the real world), Ambulances all getting stuck.

I have also seen 4WD's parked over foot away from the kerb.

I have complained to my County Councilor but won't hold my breath

#10 TheGrimReaper

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Posted 01 April 2009 - 01:49 PM

Just a point here:

If you reverse out of a driveway and are hit by a another car, you are at fault and probably likely to be done with driving without due care.



Likewise, If you drive forwards out of a driveway and are hit by a another car, you are at fault and probably likely to be done with driving without due care.

so makes no difference

Edited by TheGrimReaper, 01 April 2009 - 01:52 PM.


#11 Plod29

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Posted 02 April 2009 - 02:09 PM

'If a car parks opposite your driveway whilst a car is on your driveway then they may be causing obstruction and can be ticketed appropriately, I asked the local Area PC who does not seem to want to get involved himself, just told me to phone it in and ask for RPU to attend.'

That sounds like a total (excuse the pun) cop out. Asking RPU to attend for a parking issue, sounds like the NSO cant be bothered.

#12 The Black Rabbit

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Posted 14 April 2009 - 12:29 PM

'If a car parks opposite your driveway whilst a car is on your driveway then they may be causing obstruction and can be ticketed appropriately,


C'mon, you are so having a laugh.

You don't own a section of carriageway just because you have a driveway.