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"Slight" problem in Oxfordshire......


ArtistsRifles

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I wonder, is it the neighbours complaining because of its origin and previous use? Should another neighbour park up a large mobile home on the street would that be seen as then being acceptable?

Likewise it's the story that goes with an item that often changes the whole perception of an item.

If this item had a military history having served in battle or used in the defense of... then the historical importance plays an increasing role in public awareness and appreciation.

Perhaps this vehicle needs a sign on it describing its use. ie Used in the training of troops who later participated in the ......

Peoples perception can not always be won over when its in very poor condition, but one can only try.

Companies call it Public relations!

Doug

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One perhaps for our very own Antar Mike to help out with!!! :cool2: :cool2:

 

http://www.modoracle.com/news/Tank-Man-Parks-Outside-House_22505.html?category=all

I don't know why I have been brought into this,

 

My advice to the neighbours probably would be , if they really want it moved then they should point out to the Police it is over width, and technically it should never have been road registered and clearly it doesn't comply with C and U regs. The Police may then decide to take action, but will probably still not want to get involved....

 

My advice to the owner would be buy something you can keep on your own property, and stay clear of over width tracked vehicles, because you are in a very bad place legally.....

Edited by antarmike
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The original

seems to be a bit off the mark 4tonne with a chieftain shown, then it becomes a FV434 -which must be more than 4tonne- that's a U/Cs weight:shocked:.

 

In some areas/estates (often built by the large national builders) there are "covenants" to prevent large vehicles such as business vehicles -,ice cream vans, plumbers, electricians, windscreen fitters and the like, being parked either on drives or the roadways of the estates.

 

Normally if there is no parking restriction it is ok to park on a public road (as long as it does not cause danger to others or an obstruction) -but it is not a right -a householder cannot dictate who parks on the public road outside their house -likewise there is no absolute right to do so, in this case it's probably a moot point- as Antarmike has already said it is debatable whether a 434 is road legal.

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Normal housing estate roads are generally 4.8m wide, although some maybe 5.5m.

So technically the vehical could be deemed to be causing an obstruction as there will be insufficient room to get an emergemcy vehicle past without driving on the footway.

Driving or parking on the footway is in itself an offence.

The neighbours are probably complaining because they have to walk anothe 5m to their house.

 

How does it take up 3.5 parking spaces?

If it is parked on the road, parrallel to the kerb iy must be the stretched version.

Parrallel bays are worked out at 6m long by 2m wide, which would make it 21m long.

Even working on 5m it is 17.5m long

At 4 tons it must also be made of polystyrene. So is a fire hazard.

 

Mike

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By all accounts it has a largish military trailer parked behind it which it taking up room as well as the vehicle. Looks to be parked up in a lay by so not impinging on emergency vehicles possibly passing by.

 

Whether its correctly registered or not the Police will take it at face value that it has been correctly registered, taxed and insured. What the council might do is research whether a vehicle like this is correctly registered and can then find a way to have the vehicle removed.

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mike65

Driving or parking on the footway is in itself an offence.

Parking a vehicle wholy on a footway is an offence -a vehicle less than 1.5tons (cars & lt vans) may in some circumstances park with 2 wheels on a footway -as long as sufficient footpath remains for free movement of pedestrian, wheel chairs and prams etc.
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Parking a vehicle wholy on a footway is an offence -a vehicle less than 1.5tons (cars & lt vans) may in some circumstances park with 2 wheels on a footway -as long as sufficient footpath remains for free movement of pedestrian, wheel chairs and prams etc.

 

There has been something in the news recently that new legislation is on the way making it an offence, in any circumstance, to park with two wheels on the pavement. (or was it just the existing legislation is now actually going to be enforced?)

 

Since I never do this, I was only listening with little interest, and little of what was said was actually processed and stored in my brain.

 

Can someone fill us in on the changes which are on the way?

 

http://www.thesun.co.uk/sol/homepage/news/3423313/Drivers-to-be-hit-with-70-fines-if-they-park-with-two-wheels-on-pavement.html

Edited by antarmike
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I'd be certainly pleased to see the "law" on this regularised, (prohibitions in many cases date back to when local bye-laws existed - making it now difficult to enforce), in my locality traffic management had enlarged the paved areas on junctions on residential streets to improve diver visiblity and pedestrian safety -results idiots park wholy on the paved area -police refuse to enforce existing regs. as they are open to interperation -in some instances this parking has been stopped by strategically placing street funiture in the centre of the paved area.

 

Steve

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Photos on some of the reports show that it is an FV434 with a trailer, and that is is parked in a sort of layby area adjacent to the highway. It is not on the running lane of the highway and is not on the pavement. It looks in good and tidy condition.

 

If I understand the width issue correctly, it is only overwidth if running with the original silencer box on the neaside, and all the photos show it from the offside so it is not possible to tell. I strongly suspect that it is unaltered from demob and is techically overwidth.

 

Reading between the lines there is clearly more to this story than the simple (and inaccurrate and generally moronic) reporting has stated. It seems that there is something of a running feud between the MV owner and the neighbourhood and that this is just the lastest chapter. Sadly, many people reading this story will conclude that the person in question, and probably other MV owners, are little more than delinquent sociopaths who don't care for others. It will do no-one any good.

 

Personally, given the choice of looking out of my window and seeing a tidy FV434, or seeing the usual assortment of Novas with absurd exhausts, white vans, etc, I know which I would prefer. Time was when people would have thought it was fun and unusual to have a vehicle like this parked in the street; how intolerant and selfish, and generally loathesome society has become!

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Parking a vehicle wholy on a footway is an offence -a vehicle less than 1.5tons (cars & lt vans) may in some circumstances park with 2 wheels on a footway -as long as sufficient footpath remains for free movement of pedestrian, wheel chairs and prams etc.

 

Need to read the Highways Act on this one.

Even if you can interpret it to allow you to park on the footway there is a bit that you cannot misinterpret, which is basically

"It is illegal to drive a vehicle on a footway other than to cross at a designated vehicular access point"

 

Therefore parking on a footway becomes tricky when you cannot drive on it.

 

Mind you that is a bit off topic.

Legally you can park anything on a Public Highway (Road) that has the relevant MOT, Road Fund Licence and Insurance as long as it does not cause an obstruction.

However IIRC you cannot leave a trailer on a highway if it is not attached to an appropriate vehicle.

 

Mike

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Need to read the Highways Act on this one.

Even if you can interpret it to allow you to park on the footway there is a bit that you cannot misinterpret, which is basically

"It is illegal to drive a vehicle on a footway other than to cross at a designated vehicular access point"

 

Therefore parking on a footway becomes tricky when you cannot drive on it.

 

Mind you that is a bit off topic.

Legally you can park anything on a Public Highway (Road) that has the relevant MOT, Road Fund Licence and Insurance as long as it does not cause an obstruction.

However IIRC you cannot leave a trailer on a highway if it is not attached to an appropriate vehicle.

 

Mike

Could you lift a vehicle on a hi-lift jack and topple it over so it falls onto the pavement, then retrieve it by the same method?

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Could you lift a vehicle on a hi-lift jack and topple it over so it falls onto the pavement, then retrieve it by the same method?

 

That would be one way around it. But then you run foul of the 'ealth and safety' department.

 

There was a case once where a Loacal Authority granted Planning Permission for a garage and drive. However the same LA Highways Department would not grant a crossover consent due to proximity to a junction (or something stupid) and was a safety risk. I believe that they demonstrated the point that the LA were being stupid by hiring a crane to get their car in and out, which was far more dangerous, but legal.

 

Mike

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mike65

Need to read the Highways Act on this one.

Even if you can interpret it to allow you to park on the footway there is a bit that you cannot misinterpret, which is basically

"It is illegal to drive a vehicle on a footway other than to cross at a designated vehicular access point"

What you are thinking of is a section 72 of the traffic Act 1835 "It is a offence to ....use a convayance.. on a section of the highway... segregated for the exclusive use of pedestrians"

 

It probably only survived as it was useful in preventing cycling on the pavement -velocepeds in those days:-).

 

It still can be used for lack of anything better to prevent some-one parking (partially) on the footpath -it is an act of desparation by the police and normally arrives as a warning letter -rather like a solicitors frightener- it is difficult to enforce as to apply a penalty an officer (in uniform) must see the offence -it has recently been used to enforce -prevent cycle, skateboard, those powered scooters, two wheeled pogo sticks and powered skate board use on footpaths and predestrian precincts. Obviously an officer seeing some-one park up on the pavement may fix penalty the driver -but I can assure you that a PCs training sargeant will not view hanging around in the hope of doing some-one in those circumstances very highly.

 

Problem is outside London the fixed pentalty could be appealed on RTRA (can't remember the year) sect 5 which while disapproving curbing, allows it unless signage forbids it -London it is the other way round GL(GP)A sect 15. Hence as I said it will be good if the "law" is clarified.

 

My mention of 1.5ton vehicles also needs clarication - vehicles upto a load capacity of 1.5ton (30cwt in old money) can curb -over that it is dis allowed as it will cause damage to the curbing.

 

Legally you can park anything on a Public Highway (Road) that has the relevant MOT, Road Fund Licence and Insurance as long as it does not cause an obstruction.

However IIRC you cannot leave a trailer on a highway if it is not attached to an appropriate vehicle.

Only if the vehicle is a Private or PLG vehicle can it park in a residential street -Commercial vehicles have restriction placed on them. Detached trailers is still an on going problem in many areas.

 

I like the crane story:-D

 

Steve

Edited by steveo578
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A stretch of road near me has now had bollards put down the middle of the pavement to separate the pedestrians from the cars that the residents of the terraced houses park with two wheels on the pavement.

 

How would these people feel if they got done after the council have tacitly agreed to the practice that has gone on for at least 35 years to my knowledge?

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saw a classic "2 wheel on pavement" moment today.

 

Car parked outside chemist, 2 wheels on pavement, on double yellow lines, facing oncoming traffic! The best bit? Driver comes out of chemist, puts his tablets etc in car, then walks across road to the CO-OP which has a car park!!!

 

Mark

 

PS, passenger in car started mouthing off to me because she could see me commenting on the car to my passengers!

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A stretch of road near me has now had bollards put down the middle of the pavement to separate the pedestrians from the cars that the residents of the terraced houses park with two wheels on the pavement.

 

How would these people feel if they got done after the council have tacitly agreed to the practice that has gone on for at least 35 years to my knowledge?

 

We actually had that a few years ago - someone kept complaining to the council about the cars in our road parked on the pavement, 1 up 1 down even though the council had actually marked bays on the pavement. So the council turned up with the police and ordered every one to park in the street. Two hours later there was a police car and a council vehicle in the middle of the street and no way out as there was just enough room between the parked cars for a pram.. :cheesy: :cheesy: :cheesy:

 

That ended the idea of parking in the road.......

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Sean N

Only if legislated for by the local authority under the Road Traffic Regulation Act, or a condition of an O licence, I think.

Fair point - LAs have discresionary powers under the Road Traffic regulations Act 1984 on any vehicles and may impose restrictions on any including commercial vehicles in any catergory even those under 3.5t which are not covered by operator licence and use Road Traffic Act 1991 to enforce without recourse to other authority, regulations on vehicles over 3.5t under restrictions imposed by the operators licence.

 

The point I was making was that the statement-

mike65

Legally you can park anything on a Public Highway (Road) that has the relevant MOT, Road Fund Licence and Insurance as long as it does not cause an obstruction.

is not actually correct -I was trying to avoid getting into an overly long discourse on RTRA and RTA 1991.

 

Steve

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