Parking on grass verges or footpaths
Parking on a grass verge is not usually illegal.
However, there are situations where parking on a grass verge may be against the law or where enforcement action can be taken.
When you cannot park on a grass verge
You must not park on a grass verge if:
- your vehicle is a heavy goods vehicle (HGV) weighing more than 7.5 tonnes
- a local bylaw prohibits parking on that verge
- a traffic regulation order (TRO) prohibits parking on that verge
Enforcement on grass verges
In some areas, a Special Parking Area (SPA) is in force.
Within an SPA, we can issue a parking ticket, also known as a penalty charge notice (PCN), when a vehicle parks in breach of parking restrictions.
This includes:
- HGVs parked on grass verges where restrictions apply
- vehicles parked in breach of a traffic regulation order
- vehicles parked in breach of a local bylaw
When the police may take action
Parking on a grass verge can also lead to criminal enforcement by the police if a vehicle:
- causes an obstruction
- creates a danger for other road users
- damages the highway, verge or footpath
Relevant legislation includes:
- section 28 of the Town Police Clauses Act 1847, which covers obstruction of a public footpath or public thoroughfare
- regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, which covers unnecessary obstruction of the road
- section 22 of the Road Traffic Act 1988, which covers leaving a vehicle in a dangerous position
- section 137 of the Highways Act 1980, which covers obstruction of a highway
- section 72 of the Highways Act 1835, which covers driving on a footpath or pedestrian causeway
- section 131(1)(c) of the Highways Act 1980, which covers damage to the highway
Grass verge bylaw
Buckinghamshire Council introduced a bylaw in 1956 to protect trees, shrubs and other planting on certain roadside verges.
It is illegal to drive or park on a verge where the bylaw applies.
The bylaw only applies to roadside margins next to a public road that:
- are sown with grass
- contain trees or shrubs
- are maintained for ornamental purposes
- display a sign showing that the bylaw applies
The bylaw remains in force.
Traffic regulation orders and grass verges
Unless a traffic regulation order states otherwise, restrictions shown by road markings and traffic signs apply to the full width of the highway, including adjacent grass verges, up to the boundary of neighbouring properties.
Where parking on a grass verge is generally permitted but restrictions are needed in a particular location, a traffic regulation order can be drafted to exclude the verge from those restrictions.
A traffic regulation order cannot override:
- a local bylaw
- police powers to deal with criminal offences