parking restrictions

[SharpmanTF1]

Ok,

after some info.

 

came to park out side my childs school as normal this morning, as I have done for ever and a day since he started. nigh on 3 years.

 

the lay out of the road is as follows.

going from a junction there are the normal yellow lines that stop around the corner (lines coming from junction T'd of to indicate the end of restriction.) then for about 50 - 100 yards there are no markings on road or signs to indicate no parking 75 yards on there is a bus stop with the usual markings that go with it.

 

I pulled up to park as usual. PC Plod approached me and says 'ere ere you can't park there' to which I replied ' where does it say I can't park here officer' to which he replied the road traffic act says you cant park ere, roads are for the passing of traffic, not parking' that was the gist of his excuse. he then threatened me with a fixed penalty if I left the vehicle. (had my son in car so did not want to push it to far.)

 

So, my question is.

 

is there anywhere in the road traffic act that says I can not park in an area that is not restricted by either road markings or signs to indicate the restriction.

 

sharpman

Edited October 24, 2008 by SharpmanTF1

[lamma]

No restriction means you can park - unless causing an obstruction.

[SharpmanTF1]

this is where i need to define obstruction.

because if that is the case then there is no where we would be allowed to park because parking in itself, would be an obstruction. the road in question. everyone parks on one side of the road. so at any set time there is traffic flow. but flow from one side has to wait until flow from other side clears. same no matter where you park (unless in designated parking spaces that have taken allowance for width of road.)

 

so, am I within my rights to park there.

[lamma]

without pictures, or knowing the location ourselves, it is impossible for someone from the forum to tell you. police have a lot of discretion re obstruction. your argument that parking anywhere is de facto obstruction is fallacious.

[patdavies]

your argument that parking anywhere is de facto obstruction is fallacious.

 

Sorry Lamma, not in law.

 

Obstruction doesn't mean blocking access, it means preventing others from passing over the highway - in this case, the bit where the OP had stopped.

In theory, the driver of any vehicle parked on the public highway, other than in a designated parking place, can be prosecuted for obstruction.

 

Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction.

 

103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction.

Copper's discretion as to what constitutes unnecessary.

 

Also, the OP could have been prosecuted for failing to comply with the directions of a constable if she failed to drive on when instructed.

 

RTA 1988 s.35

 

35 Drivers to comply with traffic directions

 

(1) Where a constable is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—

(a) to stop the vehicle, or

(b) to make it proceed in, or keep to, a particular line of traffic,

when directed to do so by the constable in the execution of his duty is guilty of an offence.

[lamma]

not often but I disagree with Pat in this. It hinges on the "unnecessary". Without restrictions you can park, it is only if you cause an "unnecessary obstruction" that this changes. there are zillions of places with no restrictions where parking causes no unnecessary obstruction whatsoever. But if the police tell you to shift - you should shift irregardless.

[patdavies]

"Unnecessary" relates to the reason for the act of obstruction, not whether or not the obstruction is itself reasonable.

 

Necessary (in the context of "unnecessary obstruction") obstruction is for occasions like a breakdown immobilising the vehicle or being baulked by other vehicles - it does not refer to the necessity for the particular piece of highway to be clear.

[SharpmanTF1]

so,

the gist of it is:

 

move on sonny or yer nicked.

 

But, what if I had parked there, dropped my son off, came back and there was a ticket on car (assuming the officer had not spoken to me at the time)

would this be enforceable?

[robin9342]

I've had exactly the same situation before. The police officer stated that he could ticket me for obstruction due to the fact that my car was making it difficult for traffic to flow, given that the road was very busy at school pickup time. Had I parked there at 11:00, say, there would be no problem.

 

When I asked him under what law this applied, he said that technically, any vehicle parked in such a road could be deemed to be causing an obstruction and receive a ticket and that no vehicle has an absolute right to park on the highway even if there are no markings or restrictions.

 

I still can't quote the actual law, but I wasn't hanging around to get a ticket!

[crem]

so,

the gist of it is:

 

move on sonny or yer nicked.

 

But, what if I had parked there, dropped my son off, came back and there was a ticket on car (assuming the officer had not spoken to me at the time)

would this be enforceable?

 

I very much doubt it as you would not be contravening any stated parking restrictions which would have to be supported by a TRO for that street. Unless he was going to ticket you for an absolute "obstruction" violation which I am sure you are right in saying you were not causing.

[green_and_mean]

There are numerous places stated in the highway code not to park and outside a school is one of them so the PC could have given a PCN for obstruction.

 

DO NOT stop or park

• near a school entrance
  
• anywhere you would prevent access for Emergency Services
  
• at or near a bus or tram stop or taxi rank
  
• on the approach to a level crossing/tramway crossing
  
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
  
• near the brow of a hill or hump bridge
  
• opposite a traffic island or (if this would cause an obstruction) another parked vehicle
  
• where you would force other traffic to enter a tram lane
  
• where the kerb has been lowered to help wheelchair users and powered mobility vehicles
  
• in front of an entrance to a property
  
• on a bend
  
• where you would obstruct cyclists’ use of cycle facilities except when forced to do so by stationary traffic
  

[SharpmanTF1]

what made me laugh is that when I got home 20 mins later there was a letter thru my door asking for assistance in an incident. they certainly know how to alienate the community.

[SharpmanTF1]

DO NOT stop or park

near a school entrance

 

How near is near? the school entrance, which is not used for pupil entry was approximately 100-150 yards away

[crem]

There are numerous places stated in the highway code not to park and outside a school is one of them so the PC could have given a PCN for obstruction.

 

DO NOT stop or park

• near a school entrance
  

 

G&M could you be more specific with that phrase as to clarify what "near a school entrance" means in metres?

 

Or perhaps that is why the put the helpful yellow zigzags down to help us motorists undestand what near a school entrance means which I am sure Sharpman didn't park on.

[SharpmanTF1]

exactly crem, there are non outside the school as pupil entrance etc is via an underpass to the rear of the school. all pupils enter and exit via this entrance.

[green_and_mean]

G&M could you be more specific with that phrase as to clarify what "near a school entrance" means in metres?

 

Or perhaps that is why the put the helpful yellow zigzags down to help us motorists undestand what near a school entrance means which I am sure Sharpman didn't park on.

 

I do not have to be specific that is the instruction in the highway code. If the PC beleives the car was parked incorrectly he can issue FPN which can be disputed in Court, the magistate can then decide if the car was near the school or causing any other obstruction.

[SharpmanTF1]

here we come to this 'obstruction' bit again.

 

hypothetical question.

i live on a normal road - has no parking restrictions / road markings etc.

 

park my car outside my house

 

am i commiting an offence, along with half the country it seems

[robin9342]

You might be and a police officer could ticket you if he feels that you are. However, you would be able to defend this in court.

[lamma]

I am sure there is a right to use the highway - or close to it. I must try to dig it out.

[Guest Ting]

There is but i actually recognise what Pat is talking about. The 'right' is for the passage of vehicles. anything else can still technically be classed as an offence.

 

I know because it has been used against me. I seem to recall that the particular legislation quoted was over 100 years old and never since revoked by the effect of subsequent legislation. Ridiculous but true.

 

My solicitor at the time argued that they (a Council) might well be acting within the law but not within the 'spirit and intention' of the law. similarly, yes, all challengeable in Court but Mags can be a gamble - facing the sometimes pompous attitudes and questioning the word of BiB.

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