View Full Version : Illegal to jack car up on the highway?
Having had numerous problems with my local Council, I was not surprised to have a man come round in a council van and tell me to lower my car off the axle stands as it is 'illegal to jack ones car up except for oil or tyre changes on the public highway'.
Anyone heard of this crock of shit before?
No i havent.
Why would it be illegal?
No i havent.
Why would it be illegal?
He couldnt answer that. Just said it was a law in place since June...
Ask for legislation number, paragraph and clause.....until he produces them tell him to **** off
MatBrown
15-03-2008, 12:51
As said by Lunner, get them to issue you with a copy of the legislation.
Could be a regional thing tho and only enforced by your local council.
Mat.
Whats this country coming too? Cant do anthing!
The lawing i have been told was that its illegal to run a business or do alot of regular work on the public highway.
But you are allowed to do emergency repairs and Mot related work iirc.
AndyFielder
15-03-2008, 17:22
not allowed to do it because the car is then no longer road legal/suitable for the public highway
AndyFielder
15-03-2008, 17:22
will look it up on the system at work next friday if you like... not in till then... i havent dont my traffic training yet!
not heard of anything like that before, like someone posted it may be a local council thing to deal with residents complaints.
Pretty sure one of my neighbours from the anti car lobby has made a complaint and they've dragged up some new proposterous law to come and interefere.
Anyway, I put the car back on the ground now. Only needed tio refit the rad till I was going to anyway.
"under section 137 of The Highways act 1980 you only have a right of way on any highway, no more, parking, which is an obstruction to free passage and any other activity is just tolerated although some activity might be considered incidental to your use of the highway like repairing a broken down car but not general servicing and repairs."
Taken from: http://www.theanswerbank.co.uk/How-it-Works/Question196473.html
This might be helpful, had a quick search and can't find any legislation relating specifically to working on your car on the highway:
http://www.opsi.gov.uk/legislation/about_legislation.htm
Well, if they come tomorrow and try serving me with a notice, it looks like another call to the tabloids and then my solicitor as I am sick of Council harassment!
I dont think they can do much without serving an official notice anyway.
seanofnp
15-03-2008, 19:56
But it is broken down repairs? Not general servicing or repairs?
Tell them you are only changing the oil filter, and its a fiddly job,
We will all back you up on that ;)
Dave
Here's the 'law' in all it's glory. People may want to be aware of this if they fix their cars on the road:
Clean Neighbourhoods and Environment Act 2005, section 4:
(1) A person who carries out restricted works on a motor vehicle on a road is guilty of an offence, subject as follows.
(2) For the purposes of this section “restricted works” means
(a) works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle;
(b) works for the installation, replacement or renewal of any such part or accessory.
(3) A person is not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works were not carried out
(a) in the course of, or for the purposes of, a business of carrying out restricted works; or
(b) for gain or reward.
(4) Subsection (3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.
(5) A person is also not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works carried out were works of repair which
(a) arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary; and
(b) were carried out within 72 hours of the accident or breakdown or were within that period authorised to be carried out at a later time by the local authority for the area.
The above could mean that if it takes you three days to get your puncture repaired you are guilty of an offence.
It basicly means if someone has complained then they can take me to court.
reasonable annoyance, you need to determine what is reasonable annoyance, annoying the curtain twitchers don't count, i wouldn't haver thought
The amount of shit i get from my neighbors for working on my car, esp when its left jacked up, why do people think cus you work on your car you are lowering the tone of the road and making it look like a shit council estate.....i could be having all night parties with loud music every weekend if they want
Good point. What is reasonable annoyance? This is very vague, and would suggest there has been a complainant. I dont see how someone occassionally undoing a few bolts is 'reasonable cause to be annoyed'.
I'll see what they say.
You need to look at existing cases, the UK law system is made up, primarily on previous rulings
You need to look at existing cases, the UK law system is made up, primarily on previous rulings
Yea, trawling through cases that set precedents can be a nightmare though. I've had plenty of experience!
eternalife
16-03-2008, 02:08
http://www.theanswerbank.co.uk/How-it-Works/Question196473.html
section 137 of The Highways act 1980
http://www.opsi.gov.uk/ACTS/acts2004/en/ukpgaen_20040029_en_1
There's an echo in here lol.......eternal....scroll up and you'll see you're a bit behind mate ;)
Well, so far the Council have not turned up. I doubt they will in time before I fire my car up! Hooray! Flat battery has stopped play though.
seanofnp
17-03-2008, 00:37
Knock on the door of every person in the street and invite them round for a drink one evening for being so understanding of the repairs in the road and a celebration to the fact youve just brought a 5" exhaust to piss them all off in the morning and at night.
They'd then get a noise order if he deliberately incited them.
It is dangerous to leave your car on axle stands as a kid could come and knock it over for example. (yeah i know... but possible). You can't knock a car off its wheels as such.
Fortunately I have a drive and garage so noone can do a damn thing about me working on my cars :roll:
Matthew
white16valver
17-03-2008, 14:27
I wish people would live and let others live :? or at least come round and ask some polite quesions before bringing the law into it :roll:
If it was such an eyesore, why not come round and help fix it quicker? ](*,)
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