Obstructing The Highway

Question:

I have a motor home which is parked in a ‘lay-by’ opposite my house. It is parked between two driveways. Recently one of the house holders has complained to the police that the vehicle is causing a visual obstruction when she attempts to join the highway from her driveway.

The vehicle is taxed and insured and has been parked there for 12 months with no previous complaints. A police officer has threatened to serve a fixed penalty notice for obstruction. Is he correct in his assessment?

 Louise Says:

Each allegation of obstructing the highway is decided on its own facts.

I cannot find any case law that suggest a visual obstruction can amount to an actual obstruction of the highway. The police may try and suggest that the road is too narrow for the motor home or that the motor home causes an actual obstruction to your neighbour in terms of turning out of her driveway.

The magistrates will have to decide if it causes an actual obstruction and I am sure that your neighbour will be will to give evidence to that effect.

Come back to me if anything further comes of it. It may be worth having a chat with your neighbour and trying to sort out a compromise that suits you both, if one is possible?