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115

Councils call for pavement parking to be banned across England (www.bbc.co.uk)

submitted 9 months ago by thehatfox@lemmy.world to c/unitedkingdom@feddit.uk

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[+] ianovic69@feddit.uk -2 points 9 months ago* (last edited 2 months ago) (2 children)

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[–] theplanlessman@lemmy.world 5 points 9 months ago (1 children)

The law is NOT there for "should" statements in the Highway Code. "Shoulds" are considered best practice, and can work against you in a careless/dangerous driving case if you didn't follow them, but they are not themselves tied to any specific legislation. "Must" statements ARE backed up by legislation, and so can be enforced.

The highway code is not law.

[–] andthenthreemore@startrek.website 2 points 9 months ago* (last edited 9 months ago) (1 children)

Do you have something to back that up? It seems very odd that London would be named specially as must not then a second clause for the remainder of the country that sounds different. Surely it should either be "you must not park on the pavement" or if there's some archaic reason that London needs specific wording "you must not park on the pavement in London, and you must not park on the pavement elsewhere "

[+] ianovic69@feddit.uk 1 points 9 months ago* (last edited 2 months ago) (1 children)

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[–] andthenthreemore@startrek.website 1 points 9 months ago (1 children)

No it doesn't seem to be in there. According to the highway code

Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

No where does it say if an area is named specially as a must not, and another area is named as a should not in the same rule then the should not must be treated as a must not.

Or is there some case law maybe that you're referring to?