Thread: Road Markings

Originally Posted by jamieleeuk

Can the council just paint new road markings ie DYs and SYs whenever they like and wherever they like, or should the immediate properties be informed of planned markings and be subject to formal debate before actual action is taken?

They can paint them wherever they like, but the lines have no value for enforcement unless authorised by a TRO (Traffic Regulation Order). This is known as a TMO (Traffic Management Order) in London. Also, unless within a CPZ, SYL must be accompanies by time plate signs (only required in a CPZ if the restriction times differ from those of the CPZ)

A TRO must be publicised both as proposal and then as an order - at the Highway Authority offices and in the local press. The process is governed (in detail) in the RTRA 1984

The SY in question is now broken, if I park on it and get a FPN, is this enforceable?

Regards

Case law (Davies v Heatley) holds that if a marking is not as authorised (as in the TSRGD 2002) then it is a nullity - even if to a reasonable man the restriction remains obvious. However, minor breaches in the line are liable to be held to be "de minimis"; from de minimis curat lex - the law does not concern itself with trifles. IOW, so minor as not to affect the outcome.
For an FPN, you appeal to a Magistrates' Court, where the case law is binding precedent. For a pcn however, Councils and some adjudicators sometimes like to pretend that criminal precedent does not apply to decriminalised parking enforcement.

Hope that helps