Untaxed vehicle in road, red Ford Fiesta SD10 HFX
Reported in the Abandoned and Untaxed Vehicles category anonymously at 06:19, Friday 19 April 2019
Sent to Bromley Council 1 minute later
Untaxed vehicle in road
Thank you for your report, this is now being investigated. Information on our services and the timeframes we aim to respond in can be found: http://www.bromley.gov.uk/ fixservices
State changed to: In progress
Posted by Bromley Council at 06:23, Friday 19 April 2019
Thank you for using FixMyStreet to report your concerns to Bromley.
State changed to: No further action
Posted by Bromley Council at 14:40, Friday 26 April 2019
Why is this closed with no explaination?
Posted anonymously at 19:08, Friday 26 April 2019
The vehicle is SORNed on unadopted highway with a local keeper. No further action will be taken.
Posted by Bromley Council at 11:22, Monday 29 April 2019
The courts have generally taken the view that the public has access to a road by members of the public who actually use it and the use is tolerated, even if there is no actual right to use the road […] a private road which was actually used by the public would be within the definition of a “road” … even if it was not (or not yet) a highway…This definition of “road” enables legislation to apply to all highways, including private roads which are highways, and to some other private roads which are in fact used by the public. - Private Roads: The Legal Framework (5th ed.), Andrew Barsby (2013).
Sanderstead Road is an unadopted highway, but in law because it is open to public access and traffic from Lower Road it is a road that is subject to the Road Traffic Act 1988.
The House of Commons Briefing Paper CBP 402 states that: - Private roads which are highways for one or more classes of traffic, and so “roads” for the purposes of the Road Traffic Act 1988 and some other legislation which uses the same definition. - Private roads to which the public have access and so also “roads” for the purposes of such legislation, but not (or not yet) highways.
Bromley Council have a statutory duty under the Road Traffic Act 1988 to ensure that untaxed cars are removed from highways/roads with public access that are subject to traffic. Besides this, parking space is limited in this road, vehicles like this add to the pressure.
It is annoying that a member of public has to explain highway and traffic legislation to a statutory body.
Posted anonymously at 16:38, Monday 29 April 2019
I suggest that the council use this Houses of Parliament page that covers the subject.
Posted anonymously at 16:46, Monday 29 April 2019
Bromley Council operate under devolved powers for the enforcement of untaxed vehicles on the highway. As such we must comply with the DVLA guidelines. Where a vehicle is SORNed on an unadopted highway with an immediately local keeper the DVLA will not take further action. As we are operating under their devolved powers there is no further action Bromley Council can take here. You can report the vehicle directly to the DVLA for further consideration.
Posted by Bromley Council at 16:49, Monday 29 April 2019
Provide an update