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Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 11:08 am
by marronier
Why is this not prosecuted anymore ?

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 11:13 am
by robbelg
The details of that section have slipped from my memory. Can you remind me?

Rob

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 2:49 pm
by Laughton
"If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding £50. (2)A constable may arrest without warrant any person whom he sees committing an offence against this section."

Presumably an someone has deemed the costs far outweigh the "income".

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 2:52 pm
by didds
A chum of mine was prosecuted for this in ~1985.

ISR his total "fine" was £400 including costs ... this was a long time ago mind and my memory isnt what it used to be...

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 3:20 pm
by UncleEbenezer
Laughton wrote:"If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding £50.


Ah, yes.

It's always seemed to me stupid that, while they'll charge penalties to motorists who overstay a parking ticket in a perfectly legitimate space, they rarely do anything to drivers who park in totally non-legitimate places causing serious obstruction and sometimes danger.

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 4:43 pm
by 88V8
UncleEbenezer wrote:
Laughton wrote:"If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding £50.

....they rarely do anything to drivers who park in totally non-legitimate places causing serious obstruction and sometimes danger.

Or people carrying placards and walking very slowly in the road.

V8

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 4:48 pm
by didds
88V8 wrote:
UncleEbenezer wrote:....they rarely do anything to drivers who park in totally non-legitimate places causing serious obstruction and sometimes danger.

Or people carrying placards and walking very slowly in the road.

V8



My chum was done for standing with his back to a plate glass supermarket window on a pavement that has/had to be 20 feet wide! [1]

didds






[1] https://www.google.com/maps/place/Bairs ... ?entry=ttu

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 6:34 pm
by DrFfybes
didds wrote:My chum was done for standing with his back to a plate glass supermarket window on a pavement that has/had to be 20 feet wide! [1]


Was he wearing any trousers?

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 6:48 pm
by Lootman
UncleEbenezer wrote:
Laughton wrote:"If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding £50.

Ah, yes. It's always seemed to me stupid that, while they'll charge penalties to motorists who overstay a parking ticket in a perfectly legitimate space, they rarely do anything to drivers who park in totally non-legitimate places causing serious obstruction and sometimes danger.

If you park in an illegal spot then any meter maid or meter man can give you a ticket.

But if you park dangerously in the road then only a cop (or "constable" in the dated phrasing of the law given here) can give you a ticket. And there are fewer of them and they have many other things to do.

So it is a logical, if inconsiderate, decision by a driver to park in (say) a bike lane rather than a proper parking space.

I did once get a ticket for double parking whilst picking up my dry cleaning. But it was no worse than a parking ticket - no points on my license. So it seems that the law can actually encourage drivers to park dangerously rather than merely illegally.

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 8:14 pm
by UncleEbenezer
88V8 wrote:
UncleEbenezer wrote:....they rarely do anything to drivers who park in totally non-legitimate places causing serious obstruction and sometimes danger.

Or people carrying placards and walking very slowly in the road.

V8

I thought we welcomed those lollipop men and ladies :o

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 8:20 pm
by Mike4
Lootman wrote:But if you park dangerously in the road then only a cop (or "constable" in the dated phrasing of the law given here) can give you a ticket. And there are fewer of them and they have many other things to do.


I thought persecuting motorists was an easy 'win' for the fuzz so generally considered 'a priority' by them.

(Well someone had to say it! :D )

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 8:25 pm
by UncleEbenezer
Mike4 wrote:
Lootman wrote:But if you park dangerously in the road then only a cop (or "constable" in the dated phrasing of the law given here) can give you a ticket. And there are fewer of them and they have many other things to do.


I thought persecuting motorists was an easy 'win' for the fuzz so generally considered 'a priority' by them.

(Well someone had to say it! :D )

Don't spoil it. I was enjoying a (relatively) rare moment of full agreement with Looty's analysis. ;)

Re: Highways Act of 1980 ;section 137

Posted: July 20th, 2023, 8:42 pm
by Mike4
UncleEbenezer wrote:
Mike4 wrote:
I thought persecuting motorists was an easy 'win' for the fuzz so generally considered 'a priority' by them.

(Well someone had to say it! :D )

Don't spoil it. I was enjoying a (relatively) rare moment of full agreement with Looty's analysis. ;)


Sorry!

To make a more serious point, I think there is some sort of over-arching requirement on the fuzz to only prosecute offences when it is deemed to be in the public interest to prosecute.

TPTB may be of the opinion it is not in the public interest to prosecute the slow-walking JSO protesters.