Is this Van parked illegally?

[Ziggy122]

Hi all
i want to know if i can get a perticular van moved thats always parked here
It causes no end of near accidents espically for me, because alot of other drivers dont understand rules of the road

anyway


The Van parks in the red square i badly drew on
Back wheels just after the white line for the speed bump and his front end clears the persons drive

The problem i have is no end of people have to go around this van, and it causes everybody to dive into the cycling lane to prevent an accident whos right of way it is!
Wagons and lorries have to stop because they cant get past until its clear

A - Am i right in saying the way the camera is facing has 100% right of way
B - That we shouldnt have to move into the cycle lane to let them past
C - if an accident occoured, it'd be a simple shut and done case?
D - is that van parked illegally in anyway?

Any advice most welcome

Ziggy

 

[Didge3]

I don't think the van is parked illegally although oncoming traffic should stop if there isn't enough room to get two cars by. I understand why some would pull out though as they probably don't care for the cycle lane.

 

[dave]

insurance will look at it as "if you could have avoided the accident then you should", even if that meant going into an empty cycle lane. Even though the other driver should wait till the road is clear before overtaking the van, so unless there was a whitness saying there was a bike preventing you moving out the way, claim will be decided as a 50/50

 

[Most Easterly Pandas]

A&B yes, C possibly, D no.

 

[sutera1996]

I know this isnt 100% correct, but why dosent he just put it up the pavement like the Renualt Laguna! (I thik thats what it is )

 

[Most Easterly Pandas]

I know this isnt 100% correct, but why dosent he just put it up the pavement like the Renualt Laguna! (I thik thats what it is )

Because that would be inconsiderate and also illegal I believe.

 

[dave]

like the Renualt Laguna! (I thik thats what it is )

thats why most of that path is holes or repairs, its not built to take the weight

 

[PuntoHowTo]

A - Am i right in saying the way the camera is facing has 100% right of way
Actually No, the correct term is 'priority' that is to say that on coming vehicles should give way to you given reasonable distance speed etc but you have no right to push your way through if cars are already passing the parked van. so by the highway code it is not your automatic right of way.

B - That we shouldnt have to move into the cycle lane to let them past
you shouldn't but if the choice is that or an accident then what choice do you have?

C - if an accident occoured, it'd be a simple shut and done case?
probably not i go with dave on this proving who is right and who is wrong is difficult most would try and settle for 50/50 but it is very dependent on the circumstances for instance you driving head long into a car as its passing the van with no attempt to give way while loudly proclaiming "its my right of way" isn't likely to get you very far

D - is that van parked illegally in anyway?
no there does no appear to be any parking restriction in place an no junction nearby that would restrict parking in that spot

E - the question you didn't ask about using the cycle lane

the cycle lane is contained by a broken white line which mean there is no restriction on driving with in it, so you can drive down the cycle lane with no issue so...

given the choice of waiting for cars to pass the van/force my way through causing the oncoming traffic to stop or drive down the pointless cycle lane I would adopt the cycle lane.

 

[Ziggy122]

because its a company van he has

so if he parks on it - somebody complains with evidence, the company will have to take action
Hence why i asked if there is anything i can ask for him parking there?

Tbh - the road is wide enough for the pavement area to be modified for residential parking only (would get rid of his van ) with double yellow lines so that no1 can park on the main road and restore full flow of traffic

But hell - getting the goverment todo that! TISK!

Ziggy

 

[dave]

Because that would be inconsiderate and also illegal I believe.

apparently its not illegal to park on a path unless you are obstructing any use of it. but it is illegal to drive on a path unless you are legally driving into a property, (Laws HA 1835 sect 72 & RTA 1988 sect 34) so how you get the car on to the path to legally park on it but with out driving on it i do not know

 

[Most Easterly Pandas]

so if he parks on it - somebody complains with evidence, the company will have to take action

No they don't, while its in his charge it's his responsibility.

 

[Ziggy122]

No they don't, while its in his charge it's his responsibility.

but most decent companies who recieve several complaints would then probably take action themselves within the company

however decent the company is - i dont know

ziggy

 

[Hellcat]

Difficult to see because of the impressive MS Paint skills, but is that a dropped kerb where the van is parked?

 

[Ziggy122]

Difficult to see because of the impressive MS Paint skills, but is that a dropped kerb where the van is parked?

he parks just before it
its a standard size transit tho, so he fits it in with a little room with his overhang to the space between the white line end and drive

Ziggy

 

[jip0]

Difficult to see because of the impressive MS Paint skills, but is that a dropped kerb where the van is parked?

Thats what i thought, if it is then it is definitely illegal

 

[dombooth]

.....double yellow lines so that no1 can park on the main road and restore full flow of traffic.....

Ziggy

Double yellow lines include the pavement..

Dom

 

[Ziggy122]

Double yellow lines include the pavement..

Dom

No - they'd need to revamp the area
ie cut into the pavement and make that a parking area, but between the parking area and the road is the double yellows

Joke is - all those houses have HUGE long gardens - most have garages, just they dont wanna park there due having to go up/down a muddy path...

Ziggy

 

[NightHaunter666]

Agree with AndyRKett. There are no parking restrictions and the cycle lane is open to use by cars.
Perhaps he looks down on the renault driver for obstructing the pavement and resolves not to do that himself.

 

[Ziggy122]

Agree with AndyRKett. There are no parking restrictions and the cycle lane is open to use by cars.
Perhaps he looks down on the renault driver for obstructing the pavement and resolves not to do that himself.

thats probably his own car
he's from one of those 3 / 4 houses

Ziggy

 

[Most Easterly Pandas]

Thats what i thought, if it is then it is definitely illegal

Only if preventing a vehicle, which can legally enter the road, from exiting the premise. Not illegal if not blocking anyone in