Where it is unavoidable – in narrow roads or when a large vehicle is passing – a motorist having to drive on the pavement is expected to stop, or reduce their speed to no more than walking pace, and then return to the road as soon as possible.
Fixed penalty notices of up to £40 can be imposed by Guernsey Police if this law is flouted at the moment, but that is expected to rise next year.
Parking on pavements is treated similarly with a fixed penalty notice being enforceable if the highway is obstructed.
Scotland is introducing fixed penalty notices of £100 from today for anyone parking on a pavement. That fine will be halved if paid within a fortnight – twice the length of time Guernsey allows for a reduction in fine value.
Drivers in Scotland can now be fined £100 for parking on the pavement. Scotland is the only country in the UK to bring in a ban and from today councils will begin to enforce the rules. pic.twitter.com/0vPGCwiSxz
— Good Morning Britain (@GMB) December 11, 2023
The Scottish Government’s Minister for Transport Fiona Hyslop was quoted by STV as saying: “The message here is clear: pavement parking is unsafe, unfair and illegal, and you could be fined up to £100 for it.
“Local authorities can begin to issue fines from December 11, so this campaign is really important to make sure everyone in Scotland is aware that enforcement is coming.
“We’re highlighting the danger that illegal pavement parking poses to pavement users, and in particular those with mobility issues or visual impairments, or parents pushing prams and buggies.”
Obstructing the highway’ has been an offence punishable by law in Guernsey since at least 1929 when the Ordonnance relative au Traffic Vehiculaire was first approved.
The law today still states that it is illegal to be “wilfully driving, riding, or leading a horse, other animal or a vehicle on any footpath reserved for pedestrians”.
The fixed penalty fine for doing so was increased to £40 – reduced to £30 if paid within 7 days – in 2009.
While it has not changed since then, the island’s fixed penalty notices are expected to go up next year, when Home Affairs asks the States to back its plan to put the fines up.
It’s expected the increased value in the three bands of fines will be supported by a majority of deputies as they have not been increased in nearly 15 years.
Pictured: The proposed increases in fixed penalty notice fines due to be debated by the States next year.
The change in the law in Scotland is generating national headlines with members of the public being interviewed on television programmes such as GMB to describe the problems caused for them when motorists leave their vehicles parked on pavements.
With fixed penalty notices already at hand for law enforcement officials to stop that from happening here, the data contained in the Guernsey Police Annual Reports suggests it is not as widespread a problem as some might fear.
Over the past decade the number of drivers reported for either driving or parking on pavements has fluctuated between five and 23:
- 2022 – 13
- 2021 – 12
- 2020 – 10
- 2019 – 16
- 2018 – 5
- 2017 – 13
- 2016 – 16
- 2015 – 16
- 2014 – 23
In an article published by Express in August of this year, Guernsey Police said that people “cruising down the pavement” would be prosecuted.
Pictured: Pavement surfing is often a contentious issue in Guernsey.
A police spokesperson this morning [11 December] said that this statement issued in August still stands:
“As an offence, Driving on the Pavement constitutes cars that are both caught in the act of driving on the pavement, and also cars found parked on the pavement.
“Guernsey Police will continue to police pavement surfing proportionately, as some of the island’s roads are very narrow, however people caught cruising down the pavement when it would be clear to be driving on the road will be prosecuted if they are caught.
“If a driver needs to mount the pavement, they should either stop entirely, or slow to a near stop if safe to pass. They also must proceed with due care, paying regard to the safety of pedestrians as a priority.”
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