What is unnecessary obstruction?

Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction. An offence is committed if a person, without lawful authority or excuse, in any way willfully obstructs the free passage along a highway.

What is the penalty for obstructing the highway?

Obstruction of the Highway Section 137 of the Highways Act 1980 says that “if a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence”. The penalty for this offence is a fine and not imprisonment.

What is Section 42 of the Road Traffic Act 1988?

Section 42 of The Road Traffic Offenders Act 1988 allows drivers the right to apply to the court that disqualified them to request the early removal of their disqualification.

Is obstructing the highway a criminal offence?

It is illegal to obstruct the road. If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a road, they are also guilty of an offence. In such cases the council, as the highway authority, has legal powers to enforce their removal.

What does it mean to cause unnecessary obstruction by motor vehicle?

Cause unnecessary obstruction by motor vehicle – Contrary to regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, section 42 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

Which is an offence under the Road Traffic Act 1988?

(c) to any offence against any other enactment relating to the use of vehicles on roads, F2. . . and (d) to manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle. (2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

What is the offence of obstructing a road?

Causing Obstruction. Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction. 103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction.

When did obstructing a private driveway become illegal?

All of these pre-date The Road Traffic Act 1988 & The Road Traffic Offenders act 1988 and all but two of them pre-date The Road Vehicles (Construction And Use)Regulations 1986. So perhaps, under the circumstances, not good examples to cite. Are you just looking for an argument BR?