Wheelie Bins, Recycling and Bin Bags –
Quick Wins for Local Authorities
How local authorities can work with blind and partially sighted people to
build a better future based on RNIB's Quick wins and missed
opportunities report, June 2012.
So what's the problem?
Obstructions that block pavements have a far greater impact on blind and
partially sighted people than they do for other sections of the community.
Each and every wheelie bin, bin bag or recycling bag that obstructs a
pavement increases the risk of accidents and injury.
They are a trip hazard and where hard surfaces come into sharp contact
with skin, they can lead to physical injuries.
Being forced to step into the road to get past obstructions puts
pedestrians at risk of colliding with cyclists and motor vehicles, especially
on roads with higher traffic volumes.
The problem is routine and widespread, with people reporting to RNIB on
a regular basis. Some report their local streets are considered
impassable, due to the sheer volume of obstructions.
Walking into a wheelie bin or tripping over a bin bag is not a daily
challenge for the average pedestrian, so awareness levels amongst the
public is low. This is why RNIB wants local authorities to take positive
and sustained action to ensure greater public awareness, that they have
clear policies, and that policy is implemented and where necessary
enforced.
Clear pavements are worth the effort, because they have positive knockon effects on local residents. For people with sight loss clear pavements
are one of the key factors that facilitate their ability to lead an
independent life, where they can participate and contribute to their local
community.
Wheelie bins and the law
Highways Act 1980
Section130 (1) of the Highways Act 1980 imposes a duty on the
Highways to assert and protect the rights of the public to use and enjoy
the highway. This general duty is reinforced by s.130 (3) which states
that the highway authority have a duty to prevent, as far as possible, the
obstruction of the highway.
Not every obstruction of the highway will be unlawful for example
vehicles unloading or erection of scaffolding. These may be considered a
reasonable use of the highway.
However, in RNIB's view, obstructions to the highway caused by wheelie
bins, rubbish bags and recycling bags, are unlikely to be considered a
reasonable use of the highway.
Equality Act 2010
In addition to this, under the provisions of the Equality Act 2010, it is
unlawful for service providers and those exercising public functions,
including highways functions, to discriminate against disabled people.
This includes a duty not to indirectly discriminate and to make reasonable
adjustments where existing arrangements place a disabled person at a
substantial disadvantage. In RNIB's view a failure by a Highways
Authority to exercise its duties under the Highways Act to prevent
obstructions to the highway, places blind and partially sighted people at a
particular (substantial) disadvantage, and therefore is a breach of the
Equality Act.
As the duties under the Highways Act are statutory duties, we consider
that it is unlikely that a local authority will succeed in arguing that
exercising their duties under the Act would be unreasonable or not
proportionate.
Quick Wins for Local Authorities
Local authorities should embed accessibility into everything they do; this
includes the proactive management of obstructions caused by wheelie
bins, bin bags and recycling.
Local authorities should:
 Understand the impacts that waste collection practices have on the
navigability of streets by proactively engaging, consulting and
gathering feedback from local blind and partially sighted people
who use the streets.
 Build partnerships with, listen and involve blind and partially sighted
people in the management of refuse collection services particularly
where they have impacts on pavements. Councils have local
assets such as societies of blind and partially sighted people, who
may be very effective ‘go to people’ for reaching those who live in
the local area.
 Recognise the duty under the Highways Act 1980 and the Equality
Act 2010 by ensuring clear policies are in place regarding keeping
pavements clear. For example, a policy setting out what is required
for the placing of wheelie bins after emptying. Also, guidance for
local residents on responsible placement of wheelie bins, bin bags
and recycling, on collection days and during all other times.
 Raise awareness amongst local residents and collection teams of
the guidance the authority wants them to follow and the policies
they uphold.
 Enforce all waste management policies using local authority
powers.
Local authority good practice
Many local authorities have introduced their own acceptable standards
and guidelines for the placing and collection of wheelie bins and recycling
bags.
Pavements for People - in Leeds
Pavements for people, is a partnership project between Leeds City
Council, West Yorkshire Police and local disabled people. To tackle
pavement obstructions the 'Pavement for People' project undertook a
mail out to all residents, which included the following information:
'By blocking the pavement with vehicles, wheeled bins or building
materials, you are causing danger to pedestrians, especially children,
elderly people, blind and partially sighted people, parents with prams and
other disabled people. You could be committing an offence. Pavements
are not built to take the weight of vehicles, so the local authority may also
have a claim for damage caused to the footpath too'.
'Under no circumstances must your wheeled bins be left on the highway
or on the footpaths. Those householders who continue to leave their bins
in the street can be subject to prosecution, where the maximum fine on
conviction is £1000, or a Fixed Penalty of £75 for each occasion your bin
is found outside your premises not on a collection day. Patrols will be
operating in the area over the coming weeks'.
Neighbourhood policing teams then began to issue warnings to
residents, whilst the local authority bin operatives ensured that wheelie
bins were placed in positions that reduced the pavement obstruction
caused.
For more information contact your local RNIB campaigns team
RNIB have Regional Campaign Officers all over England (and campaigns
teams in Wales and Scotland).
Telephone: 020 7391 2123
Email: campaigns@rnib.org.uk