Where can i find correct info on double yellow lines?

[soosh]

I have had a parking ticket for parling on a double yellow line at 20.55 but the lines were in very bad condition and broken in various places do to fading and various road repairs.Im trying to find a page on the web where i can find the exact description of a double yellow line like"it should be solid and unbroken" and the distance it should be from the curb etc. This info would be much appreciated.

Cheers

S

[Michael Browne]

http://www.opsi.gov.uk/si/si2002/023113ba.gif

[soosh]

Thanks for that,it gives different measurements for how far away they are from the curb.Also i need to quot something which states they must be solid and unbroken,do you know where i can find that.Ive had a good search but have had no luck.

Cheers

S

[green_and_mean]

There is no set information regarding damaged or worn lines ie how worn they can be to be legal. Generally if they are extremely poor you will get off, if there is a small break such as where road works have recently taken place which is waiting to be repainted you are unlikely to get off if the restriction is clearly obvious.

 

BTW The edge of the road is a kerb.

[patdavies]

Thanks for that,it gives different measurements for how far away they are from the curb.Also i need to quot something which states they must be solid and unbroken,do you know where i can find that.Ive had a good search but have had no luck.

Cheers

S

 

It's in the diagrams you were pointed to. You will note that it says clearly under variations, "None permitted". IOW, the lines must be as shown in the diagram.

 

You also need the case law from Davies v Heatley.

Davies v Heatley [1971] R.T.R 145

Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.

[RFC1872]

There is no set information regarding damaged or worn lines ie how worn they can be to be legal. Generally if they are extremely poor you will get off, if there is a small break such as where road works have recently taken place which is waiting to be repainted you are unlikely to get off if the restriction is clearly obvious.

 

BTW The edge of the road is a kerb.

 

It's in the diagrams you were pointed to. You will note that it says clearly under variations, "None permitted". IOW, the lines must be as shown in the diagram.

 

You also need the case law from Davies v Heatley.

 

 

How do these two posts equate it would seem to me that no breakage etc is permissable. What are others experiences?

[green_and_mean]

Davies v Heatley was regarding markings which where not of the prescribed type when put down it does not directly transfer to damaged markings that are of the correct type but in poor condition. What happens for example if road works on a red route are taking place and a short section of road is dug up does this make the entire red route free parking for the duration of the road works?

[Bernie_the_Bolt]

Is there not also the issue that it was decided under the criminal regime rather than decriminalised and pre RTA 1991?

[green_and_mean]

Its also physically impossible to paint over rainwater drains in the gutter which would make almost every yellow line in the country illegal if ANY break in the line invalidated it.

[patdavies]

Is there not also the issue that it was decided under the criminal regime rather than decriminalised and pre RTA 1991?

 

No. it is nothing to do with the RTA or the enforcement regime - it is about signage, pure and simple.

[patdavies]

Its also physically impossible to paint over rainwater drains in the gutter which would make almost every yellow line in the country illegal if ANY break in the line invalidated it.

 

Which probably explains why a lot of councils paint round them

[green_and_mean]

Which probably explains why a lot of councils paint round them

 

I must admit I have never seen a yellow line painted around a drain all the ones around here either go straight over with holes where the grill is or stop either side.

[soosh]

Well,thanks to everyone who has given me advise,ive posted my letter back to the bad people in Oxford and wait a reply.This was at 9pm when i got done,what ****es me off is that you dont get the Police patroling around your streets keeping our property safe,local councils starting to empty bins once a fornight now but these b*****s dont seem to rest and pounce on you at any chance.

[elecyac]

The double yellow lines must be closed off at each end of the parking restriction.If not they are not legal and you cannot be booked.

So if you get booked for parking on a double yellow lines check the ends are closed off, if not take a photograph.

[green_and_mean]

Well,thanks to everyone who has given me advise,ive posted my letter back to the bad people in Oxford and wait a reply.This was at 9pm when i got done,what ****es me off is that you dont get the Police patroling around your streets keeping our property safe,local councils starting to empty bins once a fornight now but these bs dont seem to rest and pounce on you at any chance.

 

I'm sure the Police DO work at 9pm and the fact that you got booked on a DYL at that time justifies the Council having patrols out DYL are after all ANYTIME parking restrictions.

[Rob S]

I'm sure the Police DO work at 9pm and the fact that you got booked on a DYL at that time justifies the Council having patrols out DYL are after all ANYTIME parking restrictions.

 

Yes, the councils have to keep the cash rolling into their coffers and nothing must get in the way of that!

[green_and_mean]

Yes, the councils have to keep the cash rolling into their coffers and nothing must get in the way of that!

 

I guess there must be no cars on the road at 9pm where you live? What difference is a parking contravention at 10 am or 10 pm its still the same contravention? Are you saying its ok to park on bus stops after 9pm as no one of course travels by bus at that time? Or maybe all the disabled people are in bed so anyone can park in the BB bays? Maybe the Police could try the same policy and do no one for speeding once it gets dark?

[HSBCrusher]

I think the point being made is that someone is there to book your car at 2am in the morning, but seem unable (and unwilling) to catch the peeps who stamp all over your car (£3000 damage) in full view of a ct camera, which happened to me.

[green_and_mean]

I think the point being made is that someone is there to book your car at 2am in the morning, but seem unable (and unwilling) to catch the peeps who stamp all over your car (£3000 damage) in full view of a ct camera, which happened to me.

 

Sorry to hear about your car but the point is they are two services provided by completely different organisations. The reason parking was decriminalised was because the Police did not have the resources to enforce it so I guess its worked in that respect.

[robin9342]

Sorry to hear about your car but the point is they are two services provided by completely different organisations. The reason parking was decriminalised was because the Police did not have the resources to enforce it so I guess its worked in that respect.

 

Two different organisations maybe, but both funded ultimately from the same source: the hard pressed council tax payer!

 

Surely its a case of priorities here. Would you rather your money was spent enforcing usually trivial parking contraventions or catching real criminals?

[HSBCrusher]

Sorry to hear about your car but the point is they are two services provided by completely different organisations. The reason parking was decriminalised was because the Police did not have the resources to enforce it so I guess its worked in that respect.

the ticket was issued by a police officer