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.