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Unnecessary obstruction Reg 103

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  • Unnecessary obstruction Reg 103

    We have had a lot of cars parking on or near a junction which also has an entrance to a children's play area. I appreciate that the Highway Code only suggests that you should not park within 10m of a junction and it is not, in itelf, an offence. However, it seems to me that the poplice should be able to raise a FPN on these offenders under either Reg 103 Road Vehicles (Construction and Use) Regulations 1986 - causing an unnecessary obstruction - or S.22 RTA - dangerous parking. However, on speaking to the local PCSO, they have said no, the police do not have the power to do so. They claim Reg 103 only applies if a car is blocking a driveway.

    However, I have found numerous examples on the internet of people that have received FPNs for causing an unnecessary obstruction even though they are not blocking a driveway. Instead, the FPN has been raised because they parked near to a junction (our problem exactly). I have even found a letter (see attached) that the PCSOs in Cambridge sent out to residents near a junction which explain this point exactly.

    So, is the PSCO correct or do the police indeed have the power to raise a FPN in such circumstances?
    Attached Files
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