Pavement parking Highway Code campaign
The current Highway Code text on pavement parking is inconsistent, confusing and dangerous. The Department for Transport (DfT) is currently consulting on changes to the Highway Code, so this is an ideal opportunity for the text to be rectified.
The changes on pavement parking that were made in 2007 have been a disaster - they've caused confusion, increased pavement parking, increased the danger to pedestrians, and contributed to the deaths of at least two children.
We want the wording on pavement parking to revert in line with the previous (2004) version:
"You MUST NOT park partially or wholly on the pavement unless signs permit it".
Please join the campaign and submit your comment to the (DfT) consultation so that the Highway Code accurately reflects the law.
The DfT consultation
See the DfT webpage at https://www.gov.uk/government/consultations/review-of-the-highway-code-to-improve-road-safety-for-cyclists-pedestrians-and-horse-riders, and the Guardian article here.
The consultation closes at 11:59pm on 27 October 2020.
We suggest responding with the following wording (but feel free to elaborate):
The current Highway Code text on pavement parking is inconsistent, confusing and dangerous. Section 244 should be changed to "You MUST NOT park partially or wholly on the pavement unless signs permit it".
Before the current version, the Highway Code has been clear that pavement parking is illegal, e.g. the preceding (2004) version stated in Section 218 "DO NOT park partially or wholly on the pavement unless signs permit it".
The current (2007) version introduced doubt and confusion by the new Section 244 "You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it". The wording "should not do so elsewhere" has been interpreted by many people as implying that pavement parking is generally legal outside London (as the wording is "should not" rather than "MUST NOT") - but in fact pavement parking is generally illegal throughout the UK since driving on to the pavement is generally banned. As pointed out in the 2019 House of Commons Select Committee Report on pavement parking, "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." *
The current (2007) Highway Code Section 145 does state "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", which indicates that parking on pavements is generally illegal, but this is in a different chapter to Section 244. So there is inconsistency between different sections in different chapters.
This inconsistency and confusion has contributed to a big increase in pavement parking, much danger and distress for vulnerable pedestrians, and the deaths of at least two children. The change in 2007 was for no good reason as the law did not change. A change to the Highway Code is needed to remove the distinction between London and elsewhere, and revert to the clear and unambiguous 2004 message by the text of
"244: You MUST NOT park partially or wholly on the pavement unless signs permit it".
* https://publications.parliament.uk/pa/cm201719/cmselect/cmtrans/1982/1982.pdf
How to respond
The easiest way is online via https://www.smartsurvey.co.uk/s/K736D5/:
• answer the first four questions: name, email address, whether responding as an individual, and how you identify yourself e.g. as a pedestrian
• either answer questions as you go along, or skip 38 pages to the final page: "Final comments: 46. Any other comments?"
• paste in the text as above (or your modification of it)
• click on "Finish Survey"
Alternatively:
• download the response form from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/consultation_response_form_data/file/792/highways-code-download-form.rtf,
• answer the first four questions: name, email address, whether responding as an individual, and how you identify yourself e.g. as a pedestrian
• go to the very end of the document and paste in the text as above (or your modification of it)
• answer any other questions that you wish to
• save the document and email it to HighwayCodeReview2020@dft.gov.uk . You only need some simple covering text that you are responding to the Highway Code consultation.
The campaign is also supported by Cycling UK Merseyside.