DfT pavement parking "consultation"
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The DfT started a pavement parking consultation in Aug 2020. finishing in Nov 2020, but it is not a legitimate consultation because of the incorrect summary of the current law.

The consultation is online at https://www.gov.uk/government/consultations/managing-pavement-parking/pavement-parking-options-for-change
and a .pdf file of the consultation webpage can be downloaded from here.

The key errors


1. The "consultation" states
...elsewhere in England [outside London] ... parking on pavements and verges is permitted unless specifically prohibited by a local authority (either street-by-street or zonally)

but parking on pavements is generally illegal because it is an offence to drive on to a footway whether or not with the intention of parking - see http://pedestriansafety.org.uk/footway_parking_legality.html.

2. The "consultation" omits the current provision for local authorities to permit pavement parking on particular streets - see http://pedestriansafety.org.uk/best_practice_footway_parking.html.



Comment


It is extraordinary that the DfT has made this incorrect statement on legality as it is less than a year since the House of Commons Transport Committee published its report on pavement parking, which included the statement that
33. Driving onto the pavement is illegal and, in almost all cases, vehicles parked on the pavement will have been driven onto the pavement in breach of this law.
and the recommendation for an awareness campaign:
It is the responsibility of the Government to run an awareness campaign around the illegality of driving on the pavement and the negative impacts of pavement parking.
(See http://pedestriansafety.org.uk/footway_parking_legality.html.

Not only has the DfT completely ignored this recommendation, but it has published a misleading consultation document which is going to make the problem worse.

The public servants in the DfT are either extraordinarily incompetent or being deliberately deceitful, ignoring their responsibililty to ensure the safety of pedestrians, who have a right to travel freely and safely.


Complaint


A complaint has been submitted to the DfT as below.

Feel free to copy any part or all of this complaint as a basis of your own complaint. If copying the letter to your MP, remember to include your home address and postcode.


To: pavement.parking@dft.gov.uk
Subject: Complaint: Invalid DfT consultation "Pavement Parking: options for change" due to wrong summary of the current law
Copy: [MP]

To Baroness Vere of Norbiton
Parliamentary Under-Secretary of State
Department for Transport

Dear Lady Vere,

I am writing to complain about the DfT consultation "Pavement Parking: options for change" (August to November 2020) [1].

My complaint is that the summary of the law in the consultation document is wrong in that it states that pavement parking is currently permitted outside London whereas the current law is that it is illegal. The document omits a key part of the law: that it is illegal to drive on to a footway whether or not with the intention of parking. This is such a key part of the law that its omission renders the consultation illegitimate. It is particularly relevant to the DfT proposals in the consultation document to permit routine parking on pavements by delivery vehicles: the current illegality of driving on footways means that the DfT proposals represent a significant worsening in the legal position of pedestrians. This is not how the proposals are presented.

Basis for complaint
It is illegal to drive a vehicle on a pavement except in an emergency or where signs permit it.
This is stated in
1. the Highway Code (2007) section 145: "You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency. (Laws HA 1835 sect 72 & RTA 1988 sect 34)"
2. the House of Commons Transport Committee Pavement Parking report (2019): "33. Driving onto the pavement is illegal and, in almost all cases, vehicles parked on the pavement will have been driven onto the pavement in breach of this law." [2]
3. the House of Commons Library Briefing Paper (2020): "driving actually onto the pavement or footway (to park or otherwise) is an offence under section 72 of the Highways Act 1835, as amended." [3]

The "Pavement Parking: options for change" consultation document omits this, and incorrectly states that pavement parking is legal: "..elsewhere in England [outside London] ... parking on pavements and verges is permitted unless specifically prohibited by a local authority (either street-by-street or zonally)". This is the starting point for the options considered in the consultation. Since the whole basis of the consultation is flawed, it cannot be considered a legitimate consultation.

Consequences of driving on to a footway to park
Driving on to footway with the intention of parking has resulted in
1. frequent near misses when pedestrians are almost hit, which many find very distressing
2. actual deaths and injuries - the number is unknown but it includes at least two children killed by delivery vehicles (not mentioned in the consultation document): Esme Weir aged 4 years, was killed in front of her mother on her way home from playgroup [4] and Lennon Toland aged 5 years was killed on his way home from school [5]
3. a state of constant fear when parents are walking with children in areas where pavement parking is common

Options 2 and 3 in the consultation document would legalise driving on to a pavement in many circumstances and would inevitably increase child pavement deaths.

Standards to be expected
We have a right to expect that the public servants in the DfT adhere to proper standards of administration e.g. as set out by the Committee on Standards in Public Life [6]. This is particularly so in the case of protection of children and other vulnerable pedestrians. The DfT has fallen far short of these standards in this consultation.

Action needed
The DfT should
1. Acknowledge its error and apologise
2. Comply with the recommendations of the House of Commons Transport Committee report "to run an awareness campaign around the illegality of driving on the pavement and the negative impacts of pavement parking" [2].
3. Amend (as part of the current review) the misleading Section 244 of the Highway Code which implies that pavement parking is legal outside London.

The Government should ensure that police forces have sufficient resources to give proper protection to children and other vulnerable people from law-breaking drivers parking on pavements, e.g. by funding enforcement from fines (hypothecation) as was the norm until recently.

Local authorities should use their powers to permit and regulate parking parking at those locations where there is a community consensus that it should be permitted.


I look forward to your reply.


Sincerely


Ian Campbell MD FRCS FRCR

[Home address]

Copy to [MP]
Note to [MP]: please would you consider supporting this complaint and raising it with Baroness Vere


References
[1] https://www.gov.uk/government/consultations/managing-pavement-parking/pavement-parking-options-for-change or http://www.pedestriansafety.org.uk/files/pavement_parking_options_for_change.pdf
[2] House of CommonsTransport Committee report (2019) Pavement parking https://publications.parliament.uk/pa/cm201719/cmselect/cmtrans/1982/1982.pdf
[3] https://researchbriefings.files.parliament.uk/documents/SN01170/SN01170.pdf
[4] https://wacm.org.uk/files/echo_article_on_esme_weir.pdf
[5] http://www.eveningtimes.co.uk/news/15528643.Tragic_schoolboy_Lennon_Toland_s_mum___It_feels_like_they_are_blaming_my_boy_for_being_too_small_to_be_seen___/
[6] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/554817/Striking_the_Balance__web__-_v3_220916.pdf