E&E Letters | Inconsiderate pavement parking – Let’s make it ‘cross-party’

E&E

13 October 2016

Inconsiderate pavement parking – Let’s make it ‘cross-party’

I welcome the recent thoughts of Cllr Peter Holland on the issue of inconsiderate pavement parking [Anger over inconsiderate pavement parking in ExeterE&E, 10 October 2016] as they echo the same comments I’ve been making for the past five years.

Cllr Holland is correct that section 30 of the Exeter City Council Act 1987 did outlaw the practice of parking on footpaths [ie pavements] and verges, and this provision was enforced by traffic wardens under the direction of Devon & Cornwall Police.

exeter-act-1987-cover

section-30-of-exeter-city-council-act-1987

However, Cllr Holland is mistaken in saying “when the responsibility for enforcement of the law was transferred to Devon County Council the law went into ‘decay’.”

The truth is that when parking enforcement was decriminalised in May 2008, those powers transferred to Devon County Council and now Civil Enforcement Officers [CEOs] enforce using powers issued by the Secretary of State for Transport [The Rt Hon Chris Grayling MP] under regulations contained within the Traffic Management Act 2004.

And in the rush to transfer powers to DCC, the provisions of the Exeter Act 1987 were missed.

A new power was conveyed by Statutory Instrument 2012 No.12 issued by the Government under the TMA 2004. Within its Schedules, the Statutory Instrument details which restrictions can be enforced by DCC’s CEOs.

statutory-instrument-2012-no-12Civil enforcement of offences in section 30 of the Exeter City Council Act 1987
2. In Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civilenforcement), in paragraph 4 (parking contraventions outside Greater London), after subparagraph
(2)(e) insert—
“(ea) an offence under section 30(1) of the Exeter City Council Act 1987 (c. xi)(prohibition of parking vehicles on verges, central reservations and footways).”(b)

However, the situation was complicated in that the Department for Transport informed DCC – as the Local Highways Authority – that it would require additional signage, at intervals of around 400m, to enforce the new legislation.

And, of course, there are some roads which would be blocked without pavement parking,

Indeed the P bus – which coincidently serves both my ward of St Thomas and that of Cllr Holland – would be unable to make its way down Barley Farm Road if all the vehicles parked on the road.

If the situation is complicated in Exeter, then it is even more complex nationally.

The only mention of pavement parking in the Highway Code is under Rule 244:
“You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.”

The direction MUST NOT is legally enforceable [under the Greater London Council (General Powers) Act 1974 section 15] but should not is an advisory direction, not an enforceable one.

There is little or nothing DCC’s Civil Enforcement Officers can do in this situation – unless the vehicle is causing damage to the pavement, when the driver *could* be prosecuted. In practice, this rarely happen, if at all.

Interestingly [as it pre-dates motorised vehicles], under section 72 of the Highways Act 1837 it is an offence to wilfully [but note, not park] “a carriage of any description upon the footpath.” But this can only be enforced by a warrant Police Officer, who needs to see the carriage actually driving on the footpath – even though to park on the pavement, the vehicle must have been driven onto it.

And it is also an offence under the Highways Act 1980 and also under s.28 of the Town and Police Clauses Act 1847 to “wilfully obstruct free passage along the highway or deposit anything which causes an interruption to, or obstruction of, the highway [including any public footpath or public thoroughfare].

In these cases, enforcement is the responsibility of warranted Police Officers and authorised PCSOs, rather than DCC’s CEOs.

At a meeting of the joint Exeter City Council and Devon CC’s joint Exeter Highways and Traffic Orders Committee [HATOC] held on 28 July 2015 [see minute 119], County Officers expressed confidence that a Private Members’ Bill  being brought forward by Simon Hoare MP [CON, North Devon], which would resolve the whole issue of inconsiderate pavement parking.

exeter-hatoc-minute-119

I wasn’t convinced at the meeting that the Bill would proceed, and so it came to pass that on 08 December 2015, after a debate in the House of Commons, Simon Hoare withdrew his Pavement Parking (Protection of Vulnerable Pedestrians) Bill 2015-16 because he had been promised that “DfT would undertake some work to examine more closely the legal and financial implication of an alternative regime.”

So Cllr Holland’s own Government appears to kicked the issue into the long grass.

I note he hopes to raise the issue when the Minister, the Rt Hon Chris Grayling MP, visits the city later this month.

Let me make this offer – we could make this a cross-party issue and I would be happy to meet the Minister along with him.

Paul Bull
Labour & Co-operative Councillor, St Thomas Ward

Advertisements

Exeter HATOC | Pavement parking

Exeter Highways and Traffic Orders Committee [HATOC] meets on 28 July 2015 and once again is set to discuss the issue of pavement parking

10. Update on Parking on Pavements

In accordance with Standing Order 23(2) Councillor Owen has requested that the Committee consider this matter

Presentation by the Head of Highways, Capital Development and Waste

Electoral Division: all in Exeter

When Devon County Council took over parking enforcement on 08 May 2008, there wasn’t time to transfer the provisions of the Exeter Act 1987 at the same time.

Since then parking on pavements has been a constant feature on Exeter HATOC’s agend

02/02/12

9. Parking on Pavements and Enforcement
In accordance with Standing Order 23(2) Councillor Owen has asked that the Committee consider this item

Report of the Head of Highways and Traffic Management ( HTM/12/4 – text only | pdf ) (Page 23) on details of the relevant Act and enforcement.

Electoral Divisions: All in Exeter

*118. Parking on Pavements and Enforcement
(In accordance with Standing Order 23(2) Councillor Owen had asked that the Committee consider this item)

The Committee noted the report of the Head of Highways and Traffic Management (HTM/12/4 – text only | pdf ) on proposals for the County Council to take over parking enforcement from the Police (decriminalisation) regarding provisions within an Exeter City Council local Act implemented in 1987 in respect of prohibition of parking on verges, central reservations and footways.

The Neighbourhood Highway Group Manager reported that the Department of Transport has now published a Statutory Instrument that amends the schedules in the Traffic Management Act 2004 to decriminalise prohibition of parking on verges, central reservations and footways in Exeter City. The County Council would now check that the signs indicating the restricted areas and publicise that the provisions would now be enforced by Civil Enforcements Officers (and not the police). Current exemptions where permitted would still be applicable.

It was MOVED by Councillor Hobden, SECONDED by Councillor Leadbetter and
RESOLVED that this development be welcomed and that the new provisions be implemented as expeditiously as possible following appropriate consultation and publicity.

19/04/12 

10.  Implementation and Enforcement of Parking on Footways and Verges
In accordance with Standing Order 23(2) Councillor Macdonald has requested that the Committee consider this item.

Electoral Division: All in Exeter

*132 Implementation and Enforcement of Parking on Footways and Verges
(In accordance with Standing Order 23(2) Councillor Macdonald has requested that the Committee consider this item).

(Councillor Bull attended in accordance with Standing Order 25(2) and spoke to this item).

The Neighbourhood Highway Group Manager reported that a review of the signage and their replacement was underway. Implementation of the new enforcement powers by the County Council (through the Civil Enforcement Officers) was planned for September 2012. Exemptions would be permitted under the regulations.

The Committee noted the position.

08/11/12

16. Various Highways Matters
In accordance with Standing Order 23(2) Councillor Bull has requested that the Committee consider the following items:
(b) Update on the pavement parking situation.

*162. Highways Matters
(In accordance with Standing Order 23(2) Councillor Bull had asked that the Committee consider the following items):
(b) Update on the pavement parking situation.

Although arising from a by-law from Exeter City Council, Devon County Council – as highways agency – are responsible for signage, etc. DfT have advised that additional signage is required (at intervals of around 400m) – how has this changed from the situation prior to 2008 change of parking enforcement operation? It is NOT a TRO matter but I’ve been advised that we should discuss a scheme for members to add additional exemptions to those that already have such exemptions (like Sussex Cl and Wiltshire Cl in Cowick).

The Head of Highways and Traffic Management reported that detailed discussion between the County Council and the Department of Transport were continuing. In the interim any suggested exemptions proposed by Members should be referred to the Exeter Neighbourhood Highway Team (Devon County Council) to assess.

22/07/14

10. Parking on Pavement
In accordance with Standing Order 23(2) Councillor Owen has requested that the Committee consider this matter.

Head of Highways, Capital Development and Waste to report.

Electoral Divisions: All in Exeter

*71 Parking on Pavements
(Councillor Bull attended in accordance with Standing Order 25(2) and spoke to this item).

In accordance with Standing Order 23(2) Councillor Owen had requested that the Committee consider what action could be taken to reduce parking on pavements.

The Head of Highways, Capital Development and Waste reported that following consultation with the Department for Transport he was developing proposals and options, in consultation with other local authorities and industry associations, to enable enforcement of parking on pavement restrictions whilst still maintaining, as appropriate, exemptions in respect of the more narrow and congested urban roads.

It was MOVED by Councillor Owen, SECONDED by Councillor Prowse and
RESOLVED that a report on proposals relating to enforcement of parking on pavements restrictions be presented to the next meeting of this Committee.

10/11/14

8. Parking on footways
Head of Highways, Capital Development and Waste to report.

Electoral Divisions: All in Exeter

*82 Parking on footways
The Head of Highways, Capital Development and Waste reported on the Pavement Parking Bill 2014-15 proceeding through Parliament to make provision for the safety, convenience and free movement on pavements of disabled people, older people, people accompanying young children, and other pavement users; to clarify, strengthen and simplify the law relating to parking on pavements in England and Wales; and for connected purposes. It was anticipated that the Bill would also cover inappropriate parking on verges. The County Council had made representation on this matter to the British Parking Association and the Parking and Traffic Regulations Outside London (PATROL) who would be consulting with other local authorities to ascertain best practice on how to deal with this matter in the interim.

Pending statutory and best practice guidance the County Council would not be proposing any policy changes but that a report would be submitted to Cabinet on future options at the appropriate time.

 

Private Members Bills and pavement parking

When  receiving updates on pavement parking from DCC Officers at recent Exeter Highways and Traffic Orders Committee meetings, elected members were told that some of the lack of progress on re-introducing the Exeter Act 1987 was that a Bill was progressing through Parliament. This is what was said at Exeter HATOC when we had our last update, on 10 November 2014:

*82 Parking on footways
The Head of Highways, Capital Development and Waste reported on the Pavement Parking Bill 2014-15 proceeding through Parliament to make provision for the safety, convenience and free movement on pavements of disabled people, older people, people accompanying young children, and other pavement users; to clarify, strengthen and simplify the law relating to parking on pavements in England and Wales; and for connected purposes. It was anticipated that the Bill would also cover inappropriate parking on verges.

What the officer didn’t say was that the Pavement Parking Bill 2014-15 was a Private Members’ Bill, introduced by Martin Horwood MP [LD, Cheltenham].

Although Private Members’ Bills are the same as other Public Bills in that they change the law as it applies to the general population, and so must go through the same set of stages, without the backing of the Government it is less likely that PMB will get through all the stages in time to be an Act, and therefore pass into law.

There are three ways of introducing Private Members’ Bills in the House of Commons: the Ballot, the Ten Minute Rule and Presentation:

1) The Ballot
Ballot Bills have the best chance of becoming law, as they get priority for the limited amount of debating time available. The names of Members applying for a Bill are drawn in a ballot held on the second sitting Thursday of a parliamentary session. Normally, the first seven ballot Bills are most likely to get a day’s debate.

The first reading (formal presentation – no debate) of ballot Bills takes place on the fifth sitting Wednesday of a parliamentary session.

2) Ten Minute Rule
Ten Minute Rule Bills are often an opportunity for Members to voice an opinion on a subject or aspect of existing legislation, rather than a serious attempt to get a Bill passed.

Members make speeches of no more than ten minutes outlining their position, which another Member may oppose in a similar short statement. It is a good opportunity to raise the profile of an issue and to see whether it has support among other Members.

3) Presentation
Any Member may introduce a Bill in this way as long as he or she has previously given notice of their intention to do so. Members formally introduce the title of the Bill but do not speak in support of it – they rarely become law.

As it stands under standing order 14 (9) Private Members’ Bills have precedence over government business on thirteen Fridays in each session – and on the first seven Fridays allotted to Private Members’ Bills, precedence is given to Ballot Bills.

Martin Horwood was voted 20 out of 20 in the 2014 Ballot and his Bill received it’s First Reading in the House of Commons on 02 July 2015 [Hansard 02 July 2014 : Column 900]. As well as allowing for the printing of the Bill [Bill 32], the First Reading also timetabled the Second Reading on Friday 12 September 2015.

Despite appearing on the Order Paper on 12 September 2015, and some subsequent Fridays, there was no guaranteed time to debate the Bill and it fell when Parliament was dissolved on Monday 30 March 2015.

That’s not the end of the story as the 2015 Ballot for Private Members’ Bills took place on 04 June 2015. Coming in at number 10 of the 20 successful MPs was Simon Hoare MP [CON, North Dorset]. He is sponsoring Pavement Parking (Protection of Vulnerable Pedestrians) Bill 2015-16.

This Bill received its First Reading on 24 June 2015 [Hansard 24 June 2014 : Column 905] where it was resolved that
Bill read the First time; to be read a Second time on Friday 4 December, and to be printed (Bill 16).

I hope this makes more progress than Martin Horwood’s Private Members’ Bill.

Further Reading:
James White: Parking Attitudes Survey 2013 – An independent survey uncovering the attitudes of drivers in the UK towards parking on pavements [Guide Dogs, January 2013]

Cover of Guide Dog's Parking Attitudes Survey 2013
Cover of Guide Dog’s Parking Attitudes Survey 2013

Some thoughts on Tony Hogg’s comments about pavement parking

Cllr Paul Bull with an end of Pavement Parking sign
Cllr Paul Bull with an End of Pavement Parking sign (Diagram P667.2)

As someone has long been concerned about pavement parking, it is good news that Tony Hogg, the Police and Crime Commissioner for Devon & Cornwall has come out with strong comments on the issue [Parking on Exeter pavements is ‘inconsiderate’ says police boss Tony Hogg E&E 23 June 2015].

It concerns me because it makes life difficult for many – pedestrians with mobility issues, those with visual impairments, users wheelchair and mobility scooters, and parents with buggies and pushchairs among them.

The article highlights section 30 of Exeter City Council Act 1987 which prohibits the parking of vehicles on verges, central reservations and footways.

s30 of Exeter Act 1987
s30 of Exeter Act 1987

It seems  since 1987 many motorists were prosecuted under s30.

However, the article make it clear that the situation changed dramatically in May 2008 (not January 2012) when parking violations became civil offences, with Civil Enforcement Officers [CEOs] enforcing regulations by issuing Penalty Charge Notices [PCNs].

Unfortunately, the terms of s30 were not transferred at the same so, despite the comments of both Tony Hogg and Cllr Percy Prowse, CEOs currently cannot issue PCNs for pavement parking.

This might come as a surprise to many who believe that pavement parking is against the Highway Code.

Rule 244 of the Highway Code states:
You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs. Law GL(GP)A sect 15

So rule 244 needs a little decoding by looking at those two phrases – MUST NOT and should not.

Many of the rules in The Highway Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence.

Although failure to comply with the other rules of The Highway Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

So parking on the pavement in Exeter is NOT illegal in itself.

However, my research has revealed that there TWO regulations that could result in fines. It is illegal to drive a vehicle on the footway (Highways Act 1835 s72) and to cause an obstruction (Highways Act 1980 s137). Both the latter carry fines (Road Traffic Offenders Act 1988, s51 and schedule 3).

However, it is difficult to enforce and prove guilt in these cases. Despite the obvious inference that a parked vehicle has been driven on the footway prior to being parked there, witnesses to the driving may be needed to secure a prosecution.

Similarly the offence of obstruction of the highway is difficult to prove, particularly if police claim that it is possible to negotiate the obstacle whilst remaining within the boundaries of the highway – even if this means a diversion for pedestrians off the pavement. Despite this reluctance of the police to prosecute, there is a good deal of case law on the general issue of ‘obstruction’ and ‘unnecessary obstruction’.

Back in 2009, The Department for Transport  stated that:
“There is currently no national legislation banning the parking of all vehicles on the pavement, due to the wide range of circumstances and locations where pavement parking occurs. For example in some narrow residential roads with a lack of off-street parking provision, drivers have little option but to park on the pavement to avoid causing traffic hazards.

“The Government has no plans at present to introduce new legislation specifically aimed at banning pavement parking on a national scale.”

During the 2014-15 Parliament, two Private Members Bills sought to address the issue: one by Mark Lazarowicz MP [LAB/Co-op], Edinbburgh North and Leith] to devolve powers to introduce a pavement parking ban to the Scottish Government; and one by Martin Horwood MP [LD, Cheltenham] to introduce a blanket pavement parking ban in England and Wales.

Mark Lazarowicz’s Responsible Parking (Scotland) Bill 2014-15 was instigated by problems Scottish MSPs have had introducing their own legislation in this area – such Sandra White MSP [SNP, Glasgow Kelvin] had proposed in her Responsible Parking (Scotland) Bill. Mark’s Bill received Second Reading in the House of Commons in September 2014, but was adjourned and then withdrawn

Martin Horwood’s Pavement Parking Bill 2014-15  was due to receive Second Reading, first in September 2014, then in January 2015 and finally in March 2015, but the Bill will make no further progress following the dissolution of Parliament on 30 March 2015.

In summary, pavement parking is anti-social, can be illegal and both the highway authority (usually the County Council) and the police can and should take action in many circumstances. I would like to see drivers being issued with a penalty charge notice (PCN) if they obstruct a dropped kerb or block a pavement.

I appreciate there may need to be exceptions to this ban as where the road layout might require vehicles to park on part of the pavement, whilemaintaining space for all pedestrians to pass. Local Authorities should be able to make exemptions based on local circumstances. However, I believe that such exemptions should be the exception and each such exemption requires adequate justification.

Diagram P667.2 from The Traffic Signs Regulations and General Directions [TSRGD] 2002
Diagram P667.2 from The Traffic Signs Regulations and General Directions [TSRGD] 2002
Further reading:
Highways Act 1835 s72
If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon;

House of Commons Standard Note SN1172: Parking – pavement and on-street [17 November 2014]
Download  HERE

Department of Transport discussion paper, Pavement Parking – Curbing an Abuse [December 1986]

Pavement Parking – the currrent situation in Exeter

living_streets_logo

 

 

Dear Living Streets

Well done over recent days and weeks on the street parking issue in support of Martin Horwood’s Private Members’ Bill.

I’ve been meaning to do this for some while – update you on the current situation in Exeter.

As the appendix to your execellent guide [Policy Briefing 01/10 – Parking and the pedestrian] from February 2010 points out – pavement parking USED to be illegal under the by-law contained within the Exeter Act

Unfortunately when parking enforcement moved from police (criminal offence) to county (civil), the powers that be didn’t transfer the powers they held under Exeter Act.

Over the last 3 years, Exeter Highways & Traffic Orders Committee have been trying to rectify this situation but have been stymied by Secretary of State for Transport who had decreed that current signs on all boundaries are not sufficient to allow enforcement and has told DCC officers that repeater signs would need to be installed every 400m or so.

Gateway sign as required by s30 of Exeter Act 1987
Gateway sign in Cowick as required by s30 of Exeter Act 1987

Even ingnoring the cost of several £100ks, this seems ot go against all other directives about reducing street clutter.

There are some roads (even in my own ward) where, if pavement parking was prevented, legal parking would make the streets too narrow for traffic to pass. We often have problems on one road, where legal parking prevents the only bus for the ward getting down the street!

So I’m keem to explore the option used by Oxford, Slough and maybe others – with a line denoting where cars can pavement park and if this line is breached, a PCN can be issued.

But for now, DCC officers are letting discussions in Parliament take their (extremely slow) course.

Keep up the good work

Paul

Exeter HATOC | Could the Slough model of pavement parking work in Cowick?

Yet again the issue of parking on pavements has surfaced, this time at the meeting of Exeter HATOC held on 22 July 2014.

 attended the meeting on in accordance with Standing Order 25(2) and spoke to this item:

When this debate started a few years ago when Exeter HATOC wanted the section 30 of the 1987 Exeter Act which banned pavement parking  implemented,  I knew what I wanted. 

I wanted the provisions reinstated as I knew that parking on the pavement was

–         bad for those with mobility issues

–         bad for those (like my dad) with visual impairments

–         bad for mums using buggies 

But then I look what would happen to some of the streets in in my ward of Cowick. 

–         Merrivale Road might need to become one-way? 

–         Buses would no longer be able to get down Barley Farm Road?

I’ve not experienced it but I have seen a picture taken by Cllr Heather Morris where she was stuck behind a bus for many minutes as the bus driver honked his horn to try and get some cars to move. 

So is there a middle way that helps both?

Slough have just been piloting a scheme in some areas where a white line is painted on the pavement to indicate how far cars can encroach onto the pavement

These would be positioned so as to ensure that a wheelchair or buggy could still pass safely on the footpath 

I understand that local highways authorities have the power under Traffic Regulations Act 1984 to make TROs that allow for specific parking restrictions in specific areas, to deal with the demands of local circumstances. 

There are some streets in Cowick that already allow for pavement parking – they are so narrow that there are few other options. 

Is there any scope for a further exploration of the Slough model partial pavement parking provision?

The minutes of the meeting are available here.

More on pavement parking

Many residents were interested to read the article about the Exeter Act 1987 in our latest Newsletter. Many Cowick residents have contacted me about this – and the information even seems to have reached other wards, I’ve heard that Alphington residents are asking Cll Margaret Clark abouthe Exeter Act and the proposed intention for Civil Enforcement Officers to issue penalty notices for pavement parking from the Autumn.

The Exeter Act 1987 states:

The matter has been discussed at many meetings of the joint Devon County Council/Exeter City Council Highways and Traffic Orders Committees [HATOC]

To summarise
HATOC considered a report on the meeting on 2 February 2012 which resulted in the following minute:

118 Parking on Pavements and Enforcement
(In accordance with Standing Order 23(2) Councillor Owen had asked that the Committee consider this item)

The Committee noted the report of the Head of Highways and Traffic Management (HTM/12/4 – text only | pdf ) on proposals for the County Council to take over parking enforcement from the Police (decriminalisation) regarding provisions within an Exeter City Council local Act implemented in 1987 in respect of prohibition of parking on verges, central reservations and footways.

The Neighbourhood Highway Group Manager reported that the Department of Transport has now published a Statutory Instrument that amends the schedules in the Traffic Management Act to decriminalise prohibition of parking on verges, central reservations and footways in Exeter City. The County Council would now check that the signs indicating the restricted areas and publicise that the provisions would now be enforced by Civil Enforcements Officers (and not the police). Current exemptions where permitted would still be applicable.

It was MOVED by Councillor Hobden, SECONDED by Councillor Leadbetter and
RESOLVED that this development be welcomed and that the new provisions be implemented as expeditiously as possible following appropriate consultation and publicity

Please note the resolution that the provisions of the Exeter Act be implemented as soon as possible.

The officers mentioned in the discussions on the report that they believed this could be in place to start enforcement in the autumn.

At the meeting of 24 April, this issue was again discussed by the committee:

*132 Implementation and Enforcement of Parking on Footways and Verges
In accordance with Standing Order 23(2) Councillor Macdonald has requested that
the Committee consider this item.

(Councillor Bull attended in accordance with Standing Order 25(2) and spoke to this item).

The Neighbourhood Highway Group Manager reported that a review of the signage and their replacement was underway. Implementation of the new enforcement powers by the County Council (through the Civil Enforcement Officers) was planned for September 2012. Exemptions would be permitted under the regulations.

My enquiry was based around people parallel parking over their own dropped kerbs, which it seems will be permitted as and when the provisions of the 1987 Act are implemented.

Yesterday I received the following response from the Highways Management Traffic Orders team about the timetable for implementation of the 1987 Exeter Act

Pavement Parking – Exeter
Thank you for your e-mail regarding pavement parking in Exeter.

We do not yet have a date when enforcement of Section 30 of the Exeter City Council Act 1987 will begin as we are still reviewing the signage required to enforce the restriction.

It appears that Devon County Council are in discussions with Department for Transport as there is a requirement to sign this restriction at each ‘gateway’ into the city (not too onerous) and provide repeater plates reminding motorists of the restriction every 450m or so similar to speed restriction signs (which is a major challenge).

The amount of signs needed would run into a cost of tens of thousands of pounds as well as adding to ‘signage clutter’ on the Highway.

DCC are approaching DfT to say this is rather a sledgehammer/walnut approach and trying to find out if there is there another solution.

Also, as this is a stationary vehicle offence, enforcement will be by Exeter City Council’s Civil Parking Enforcement Officers acting as agents for Devon County Council rather than D&C Police. I have been informed that their has been very little dialogue between officers at Devon County and Exeter City Councils since the spring.

So to surmise, the implementation if this is in the hands of the County Council, and I am doing my best to ensure this is implemented as soon as possible.