Can a Lawfully Parked Car That Blocks a Driveway Be Towed?

A common question arises: if a car is legally parked but is obstructing someone else's driveway, can it be towed? Understanding the laws regarding this scenario can be crucial for both the car owner and the property owner.

Interpreting the Laws

A driveway serves as a private access point to a property. Technically, it operates similarly to other intersections, meaning it cannot be obstructed unless by the property owner or renter of that driveway. If another vehicle is blocking it, the property owner or renter has the authority to request that it be moved.

Property Owner's Rights

If someone other than the property owner or renter attempts to block a driveway, the property owner or renter can arrange for a tow as soon as possible. Whether the obstruction is on public or private property, the key is to respect the property rights and the right of access.

Measures to Resolve the Issue

If the property owner or renter makes multiple attempts to get the vehicle moved but fails, they can call a towing service. It is typically the responsibility of the vehicle owner to cover the towing expenses.

Historically, extreme measures, such as dousing the vehicle with gasoline and lighting it on fire, have been taken in certain cases. However, unless the vehicle is parked on public property and the owner fails to move it when requested, such actions would not be legally justified.

Creative Solutions

One unique solution involves utilizing a bottle jack. By lifting the offending wheel just enough to make it impossible for the car to drive, the property owner can create inconspicuous yet effective obstruction. A cleverly set up situation can even involve the assistance of the Automobile Association (AA), playing their card to showcase the impeding issue, leading to a resolution without escalating tensions.

Legal Considerations

While it may seem straightforward, towing a car that is lawfully parked but obstructing a driveway is not always legally permissible. It depends on where the car is located.

On public property, local law enforcement can authorize the tow. For private property, the property owner or renter has the authority to authorize the tow if the vehicle is parked illegally.

When it comes to privately owned driveways, if a car is parked illegally and obstructing the driveway, it can be towed at the owner's expense. This approach can help maintain order and ensure everyone's right to access their property is respected.

Conclusion

Understanding the legalities surrounding a lawfully parked car that obstructs a driveway is crucial for resolving such conflicts amicably. Property owners and residents should be aware of their rights and responsibilities to prevent these situations from escalating into legally complex issues.

If you find yourself in a similar situation, consider various legally permissible actions, from making direct requests for relocation to involving authorities or towing services, to ensure the issue is addressed properly and peaceably.