Help - Search - Members - Calendar
Full Version: Dropped Kerb
FightBack Forums > Discussion > The Flame Pit
craig51
Hi all,

Can someone tell me what criminal act I am carrying out if I drive over pavement in Scotland to get to my driveway which has NO dropped kerb .

I’m sure the council can maybe fine me etc but what actual law and thus what can the police do if caught in the act ?

S34 subsection 3 allows you to cross the path to reach private land within 15 yards of the highway .

This makes sense otherwise all entry into any driveway would be illegal .

So what specific act would i breaking ?

Thanks
Logician
Probably s.184 Highways Act 1980 subsection 17
craig51
Thank you d

So two questions

What does habitually mean ? Is once every 6 weeks habitually ?
Also, it’s says the highway authority can fine me . Who is that in Scotland ? The local council ?

But can the police get involved and if so what charge ?

Thanks again .

cp8759
Unusually, I think Logician is a bit wife of the mark. Subsection 17 only applies if the local council has imposed conditions under subsection 1(b) and you knowingly breach those conditions. You don't mention anything about any such conditions being imposed so I assume you are not aware of any such conditions being imposed, therefore you cannot knowingly breach them and cannot be guilty of breaching subsection 17.

If however you were to commit such an offence, I suppose you could be prosecuted. The Highway Authority will be the local council unless the road is maintained by Transport Scotland, but neither can fine you, only a court can impose a fine. I'm not sure whether Police Scotland would be able to offer you a fixed penalty notice in lieu of prosecution.
craig51
Thank you .

I’m not aware of any conditions as you rightly assume .

So , just to be clear, is this a police issue or a highway issue ?

Thanks

cp8759
If the council impose a condition, either the council or the police could investigate you for breaching that condition. In Scotland the Crown Office and Procurator Fiscal Service has a monopoly on criminal prosecutions, so whether you're investigated by the police or the council, only the Procurator Fiscal can bring criminal proceedings against you. Whether the Procurator Fiscal is given evidence by the council or the police is much of a muchness to be honest.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.