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Highway code help please!!

7 replies

Whataroyalannoyance · 31/01/2022 17:15

Can anyone find which part of the highway code talks about the legality of driving over a non dropped kerb to access a property / potential driveway?
Thanks

OP posts:
GCITC · 31/01/2022 17:18

145
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.
Laws HA 1835 sect 72 & RTA 1988 sect 34

Whataroyalannoyance · 31/01/2022 17:22

Does that mean you can drive over a non dropped pavement as long as you are doing nothing illegal?

OP posts:
GCITC · 31/01/2022 17:23

RTA 1988 Sec 32

Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b)on any road being a footpath, bridleway or restricted byway,he is guilty of an offence.

HA 1835 Sec 72

Penalty on persons committing nuisances by riding on footpaths, &c.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2; every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding [F3level 2 on the standard scale], over and above the damages occasioned thereby.

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GCITC · 31/01/2022 17:24

@Whataroyalannoyance

Does that mean you can drive over a non dropped pavement as long as you are doing nothing illegal?
Driving over a non dropped pavement is illegal.
inheritancetrack · 31/01/2022 17:36

Not all of the highway code is backed by law. some of it is guidance. .......

The RAC says: “Taken alone, the Highway Code is not the law.

“But many of its instructions are backed up by law and so have legal muscle behind them.

“Those points supported by the law are clearly identified in the document by wording like ‘MUST’, ‘MUST NOT’, rather than ‘should’ or ‘should not’.

“Failure to comply with the other rules of the Code can’t directly cause you to be fined, prosecuted or disqualified.

inheritancetrack · 31/01/2022 17:38

The scenario listed is backed up by MUST NOT. So its illegal

Whataroyalannoyance · 31/01/2022 17:56

Fab. Thanks for the help. I knew I'd heard it but didn't know where to look.

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