Hi there
I was out on my mobility scooter at the start of the week and I had same problems using pavements but being able to due to road signs that should have been on the road where there was plenty of room but where placed on the pavement. I know the signs are only there for the length of time of the road works but that doesn`t help the people who are wanting to use the pavement “now”.
I have attached 2 photos of the obstacle’s in Auchterderran Road and along Lumphinnans Road/ Robert Smith Court. On the day I tried to go along Lumphinnans Road and since I already knew that I couldn`t access the South side pavement and now I found I couldn`t access the North side meant I could no longer go to Cowdenbeath.
I should say my scooter is a class 3 scooter which allows the user to legal use any road but for a Motorway when the scooter is set at the Hi setting, but if you have the scooter set at the low setting the scooter can legal use a pavement, so if I had wanted to I could have used the road to go to Cowdenbeath, but I have found that Lumphinnans Road can be a very busy and I don`t feel safe using such a busy road.
I see vehicle users and others thinking they can park or leave their items on pavements with no consideration to other that wish to access the pavement, and they get away with it.
Robert A Hunter
The article
Over the last week I have had problems with Road signs blocking pavements while I was out on my Mobility scooter and on one occasion 2 members of the public came to my rescue and moved the road signs so I could get by. “Thank You”!!!!!!!
Sometime ago I remembered hearing somewhere that it was illegal to block a pavement to the extent that anyone using it and find their path block so being unable to continue using it and couldn`t go around blockage or do so safely. I tried to find somewhere where I could find the information in writing to confirm it, but couldn`t, so I contacted Police Scotland and asked them about it by email.
Eventually I got a reply. I was told the legislation I was looking for is:
Sec 130(1) Highways Act 1980 below is part of that section.
130 Protection of public rights.
(1) It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.
[F1130A Notices to enforce duty regarding public paths.
(2) A highway is within this subsection if it is—
(a) a footpath, bridleway, or restricted byway, or
(b) a way shown in a definitive map and statement as a restricted byway or a byway open to all traffic.
I was also thinking that one person’s definitions of a blocked pavement might be different from someone else`s. For example, a single person would require less space to access the pavement than a parent with a pram or young children, and disabled person using a wheelchair or Mobility scooter, or someone using a peddle bike.
Also, do you phone the police to have the obstacle moved, and if so are you prepared or able to wait for what every hour`s it may take for someone to come out to help/rescue you.
or
if it is safe to or even feasible to go around the obstacle, do you do that and let the inconsiderate people/person that caused the problem to you in the first place so they feel free to do it again.
In my case when I got help from the 2 members of the public since it was not possible to go around the road signs because the kerb was just too high for me to get off with my scooter, nor was the pavement wide enough for me to be able to turn around on it. So I would have had to have phoned the police which is a good job I carry a mobile phone with me.
What would happen to someone who didn`t have a mobile phone with them!
I also had a problem trying to go along Lumphinnans Road thinking I would go to Aldi`s on my scooter. I`ve been going along Lumphinnans Road taking my dog Jasper for a walk on the South side of the pavement quite a lot but due to the road works I was able to see from a distance that the pavement was blocked so I went along the North side which was clear or at least I didn`t see any Blockages until I went round the corner into Robert Smith Court. There were normally dropped kerbs but due to the Road Works they were too high to use so I had thought that all I would have to do is go further into Robert Smith Court to cross there to be able to continue along the Road, but no, hidden around the corner was a big road sign across the path. On this occasion I was able to turn around and head back home.
I have been so far mentioning road work signs, but there are other things that can block pavement and as such I would think in this law which I know for a fact includes Vehicles because I have informed the police about these blocking the pavement and they have acted on it. So just because some inconsiderate Drivers think its ok to park on pavement because that is still legal but as you have read above it is illegal to block a pavement.
I don`t know what the penalty is for blocking a pavement to people legal entitled to access said pavement.
I would think other items such as household and shop refuse bins being left all over the pavement by the Council Workers. There are probably other things that block the pavements which will also be illegal depending on who is trying to use the pavement and the size off space they require to access the pavement.
Robert A Hunter