Review of documents relating to the legality of footway parking

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. It is unclear how widespread public awareness is of this offence.

Some people are unaware that driving on the pavement is illegal. Some people are not aware of the detrimental effect pavement parking can have. 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.

1.4 Driving on the pavement with intention to park
Although parking is generally permitted at the side of the road, except where there are restrictions or a specific offence has been committed, driving actually onto the pavement or footway (to park or otherwise) is an offence under section 72 of the Highways Act 1835, as amended.
Wilkinsons Road Traffic Offences explains:

Under the Highways Act 1835, s.72, it is an offence wilfully to ride or drive on the footway, even though the driving may last only for a few seconds (McArthur v Jack1950 S.C.(J.) 29). The offence will apply to pedal and motor cyclists. Driving across the footway to get to a private park was held to be an offence in the absence of proof of long use or of its being a way of necessity (Curtis v Geeves(1930) 94 J.P. 71) but in Vestry of St Mary, Newington v Jacobs(1871) L.R. 7 Q.B. 47 the owner of land adjoining the highway was held to be entitled to convey machinery on trolleys over the pavement into his premises...

Not all police forces take active steps to enforce [this law], but many more are now doing so in order to prevent subsequent parking on the pavement.

Where there is doubt [over obstruction]; but the institution of proceedings is considered desirable; a possible solution is to proceed under section 72 of the Highways Act 1835 which creates the offence of wilfully riding or driving a carriage on the footway by the side of any road made or set apart for the use or accommodation of foot passengers. For the purposes of this provision, the term 'wilfully' means purposely, (Fearnley v Ormsby (1879)) and the term 'carriage' includes bicycles, tricycles, velocipedes and other similar machines, (section 85 of the Local government Act 1988) and motor vehicles, (section 191 of the Road Traffic Act 1988).

The driving of a carriage upon any footway of a street is also an offence, (section 28 of the Town Police Clauses Act 1847).

Proceedings for the above offences under the Highways Act 1835 and Town Police Clauses Act 1847 will often be dependent on the defendant admitting driving his vehicle onto the pavement.

8.1 In London, parking is not permitted on the footway or verge unless a resolution of the local authority under section 15(4) of the Greater London Council (General Powers) Act 1974 authorises the provision of parking places, either partially or wholly on the footway. Elsewhere, vehicles are not specifically prohibited from parking on the footway or verge (although it is unlawful to drive on the footway), unless (a) an order has been made (see para 6.11) or (b) there is a prohibition of waiting; this normally applies from the centre of the carriageway to the highway boundary (see para 6.2). Outside London, an order that bans footway parking may designate certain sections of footway as parking places.

It is an offence to drive onto a pavement and an offence to cause obstruction to other road users, including pedestrians. Vehicles causing obstruction may be issued with a fixed penalty notice and in some cases removed at the owner's expense.

Drivers are asked to have regard to pedestrians, particularly pram and wheelchair users and those who are disabled and partially sighted when parking their vehicles