What is the Penalty for Driving on the Pavement

[simonhill]

I've done a bit of a search and everything says that it is illegal, but I can't find what the penalty is for actually driving on the Pavement (footway). Points, fine?? Can anyone help, please?

It has become increasingly common in my road when two cars meet each other for motorists to hop onto the pavement, drive along it and then drop off once clear.

I have raised it with my local Councillor and will have a meeting shortly. However, the attitude seems to be that they have to do this to get past each other rather than wait and let one go. The fact that it is illegal doesn't appear to matter.

Strangely anyone cycling on the pavement usually gets condemned in the press and media, but cars are OK.

[Jdsk]

I think that it would be a maximum fine of £1,000 for obstruction. Of course more serious offences could also be committed as part of the same manoeuvre.

Highway Code Rule 145:
https://www.gov.uk/guidance/the-highway ... 103-to-158

RTA 1988 section 34:
https://www.legislation.gov.uk/ukpga/1988/52/section/34

Jonathan

[thirdcrank]

Here's your legislation

https://www.legislation.gov.uk/ukpga/Wi ... section/72

PS In answer to the query in your title, a fine of level 2 = £500

[simonhill]

Thanks tc. Spot on.

Surprised it's only a fine, but presumably if you do it 'dangerously' then that could attract further sanctions for the 'dangerous' aspect rather than just the being on the footpath.

All grist to the mill, but if cars must (to avoid a short delay or inconvenience) then cars can is the policy of our Council.

[thirdcrank]

Actually, I'm having my doubts - an increasingly often occurrence as time slips by.

I've no doubt that using the footway as an extra running lane of the adjacent carriageway is an offence - and one that's becoming increasingly common around here. My doubts now concern the s 34 offence quoted by Jonathan which refers to "footpath." The definitions section 192 has this

“footpath”, in relation to England and Wales, means a way over which the public have a right of way on foot only,

https://www.legislation.gov.uk/ukpga/19 ... ection/192

That seems to ignore the modern distinction between footpaths and footways.

This is all academic if it's not enforced. I suspect the only way to stop it is with strategically placed bollards

==================================================================
PS What I referred to as the modern distinction is here in the Highways Act 1980

footpath” means a highway over which the public have a right of way on foot only, not being a footway;
“footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;

https://www.legislation.gov.uk/ukpga/19 ... ection/329

[Mick F]

TC
Thanks for clarifying this issue.

Clarifying?
Perhaps not, but at least what you post is clear.

[Jdsk]

Here's your legislation

https://www.legislation.gov.uk/ukpga/Wi ... section/72

PS In answer to the query in your title, a fine of level 2 = £500

"There are currently no known outstanding effects for the Highway Act 1835, Section 72."

Does that mean that it no longer applies?

Thanks

Jonathan

[thirdcrank]

There are currently no known outstanding effects for the Highway Act 1835, Section 72."

Does that mean that it no longer applies?

I've always assumed that it meant that they thought they had updated it with any amendments. If something is fully repealed then the latest version is deleted.

In this instance, I'm pretty sure that s 72 is still in force as it's the offence which penalises cycling on the footway. The s 34 offence covers only motor vehicles.

[Jdsk]

Thanks.

I thought that the OP's question about penalties was about motor vehicles...

Jonathan

[thirdcrank]

Thanks.

I thought that the OP's question about penalties was about motor vehicles...

Jonathan

Indeed it is. The s 72 offence covers carriages which includes pedal cycles and motor vehicles.

The s 34 offence covers only motor vehicles but for the reason I explained I'm not sure now about whether footways are included. Unfortunately, if you need an up-to-date analysis of traffic law including decided cases it's Wilkinson's, a the price of one arm + one leg + delivery + vat
https://www.sweetandmaxwell.co.uk/wilkinson/index.html

[Stevek76]

'ride' covers cars as well as cycles I believe, or basically using anything other than one's own body or an exempted device (wheelchair, mobility scooter etc).

[bjlabuk]

You might also want to point out to your Councillor that footpaths and pavements are not designed for the weight of vehicles, particulary HGV's. Beneath the pavements are often Utility pipework such as drains etc., which can be damaged by the weight of vehicles upon them. The surfaces themselves, such as paving slabs, and the sub-surfaces, are not designed to load bear motor vehicles etc. So footpaths and pavements that are regularly abused by motorists are eventually going to need repaired, which is a cost to the Council and ultimately to Council Tax payers, ie you and me. So the illegality of driving on the pavement is not just one of safety, but also one of causing needless damage.

[MikeF]

You might also want to point out to your Councillor that footpaths and pavements are not designed for the weight of vehicles, particulary HGV's. Beneath the pavements are often Utility pipework such as drains etc., which can be damaged by the weight of vehicles upon them. The surfaces themselves, such as paving slabs, and the sub-surfaces, are not designed to load bear motor vehicles etc. So footpaths and pavements that are regularly abused by motorists are eventually going to need repaired, which is a cost to the Council and ultimately to Council Tax payers, ie you and me. So the illegality of driving on the pavement is not just one of safety, but also one of causing needless damage.

Which councils repair footways? None around here do. Carriageways are in a much better state of repair than footways so much so I often walk on the carriageway where it can be done fairly safely.

[peetee]

You might also want to point out to your Councillor that footpaths and pavements are not designed for the weight of vehicles, particulary HGV's. Beneath the pavements are often Utility pipework such as drains etc., which can be damaged by the weight of vehicles upon them. The surfaces themselves, such as paving slabs, and the sub-surfaces, are not designed to load bear motor vehicles etc. So footpaths and pavements that are regularly abused by motorists are eventually going to need repaired, which is a cost to the Council and ultimately to Council Tax payers, ie you and me. So the illegality of driving on the pavement is not just one of safety, but also one of causing needless damage.

You must be confusing a lot of motorists with people who give a damn......

...about anything but themselves.

[squeaker]

You might also want to point out to your Councillor that footpaths and pavements are not designed for the weight of vehicles, particularly HGV's. Beneath the pavements are often Utility pipework such as drains etc.,...

Not to mention cellars in some of our older town centres...