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Highways Act Section 184

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malagabob | 12:43 Sun 18th Feb 2018 | Law
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Is there any difference between someone mounting a kerb. Driving over a footpath to park on their property. Where a dropped kerb doesn’t exist. To someone mounting a kerb to park half on road half on footpath. Outside their property. Only difference I can see is the car makes the owner of the car/house easier to trace.
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If the car is just driven across the footpath so as to park on the owners property ,it is not causing an obstruction. But parked 1/2 on the footpath itis causing an obstruction. I do not think there is anything to say you can't drive across a footpath to park, dropped kerb or not.
It is illegal to drive on the pavement - s.72 Highways Act 1835 (still in force) - with the exception of gaining access to a dropped via a dropped kerb.

It is illegal to park wholly or partly on the pavements in London except where signs expressly allow it. Elsewhere, it is not illegal unless the vehicle is a HGV - s.19 RTA 1988 - but car drivers can be given a fixed penalty if they are causing an obstruction.

The key difference is that the driver has to be observed by an officer to be driving across the pavement otherwise there is no proof that an offence has occurred, unlike parking on the pavement. As far parking on the pavement most councils and police (except London) take a common sense view inasmuch as if there is still ample room for pedestrians, wheelchair users and pushchairs to pass then no action will be taken if parking wholly on the road would obstruct the free flow of traffic.
Parking on the pavement is classified as an offence of obstruction, see under Highways Act 1835, link explains it a bit better
https://www.askthe.police.uk/content/Q387.htm

However, a person/company that has obtained permission and had an approved dropped kerb installed also gets approved permission to cross the pavement within the dropped kerb limits. It's quoted in the conditions you accept when you pays your money.

So basically no dropped kerb, no permission to drive on the pavement.

Our local council has been taking people to court for having cars parked in their front garden/drive but no dropped kerb for quite some time.

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