Thursday, 16 October 2008
Motorists parking their cars are not the only ones who must obey the law and regulations. Councils can only make parking regulations (known as “Traffic Regulation Orders” or “Traffic Management Orders”) and enforce parking contraventions in accordance with the law. For example, councils must comply with regulations that say how parking controls are signed.
Under the decriminalised scheme brought in by the Road Traffic Act 1991, when a vehicle is, for example, parked on a yellow line during controlled hours, it is said to be parked ‘in contravention of the regulations’. Thus there are no offences, merely contraventions.
Restrictive
These are regulations where parking is generally not allowed at particular times (or even at all times). Examples are yellow lines where vehicles may not be parked during controlled hours. In most places there will be exemptions from the regulations, for example Blue Badge holders may be able to park whilst clearly displaying their badge and clock. Additionally, loading or unloading is likely to be allowed (unless it is expressly banned).
Here the regulations allow vehicles to park, usually in a bay, under certain conditions, for example upon payment in a meter or by purchasing a pay and display voucher. Alternatively, some parking bays are reserved for specific users (and the vehicle will have to display a permit), such a resident parking, business, doctor or trader.
At other locations, only certain types of vehicle may park there, for example coaches. Parking may even be free but subject to a time limit, perhaps 20 minutes with no return for two hours. Vehicles must park properly within the marked bays. Whenever you want to park in a bay you must check the adjacent signs and that you are parked completely within the bay markings.
Councils can operate car parks that will also have regulations. They can provide for the type of vehicle that can use the car park, maximum length of stay, special bays, such as for Blue Badge holders and places where vehicles may not park. Car parks operate various systems for payment collection; in some, you must first buy a ticket and display it in the car, in others you pay when you leave. In some car parks, contraventions of the regulations are enforced by Parking Attendants issuing Penalty Charge Notices. These can be challenged in same way as if the Penalty Charge Notice had been issued to a vehicle parked in the street.
Yellow Lines
Double yellow lines mean that parking is restricted 24 hours a day, 7 days a week (in other words ‘at any time’). With effect from 31 January 2003 councils are not required to erect a sign plate to accompany an ‘at any time’ restriction. In some areas, (for example holiday resorts), the ‘at any time’ restriction may apply for only part of the year, although this must be for at least four consecutive months. In these cases a sign, showing the duration of the restriction, will be erected.
A single yellow line on the road means that, at some time of the day, there will be parking restrictions.
If the single yellow line is within a controlled parking zone, you can assume that it operates for the same time as the zone unless separate time plates show different times. A Controlled Parking Zone (CPZ) is an area where parking is restricted by Traffic Regulation Orders, in accordance with signs placed on all vehicular entry points to the area (except in designated parking bays or where otherwise signed).
For example, in a controlled parking zone which runs from 8.30 am to 6.30 pm, a yellow line without any separate time plates will be operational at those times and a driver may not park. An exception to this rule allows a passenger to get in or out of the car, although the driver should not leave the car, unless the passenger is disabled and needs assistance or is a young child.
Drivers are usually allowed to stop to load or unload. If the items are heavy or bulky or if the driver has a large number of items which would involve more than one trip, the car is allowed to wait on the yellow line. But the car should be moved and parked legally when the loading or unloading is finished.
Commercial vehicles are allowed to collect and deliver goods. If any paperwork needs to be checked, such as delivery notes or invoices, the time this takes can be included in the loading/unloading time allowed. Obviously, the vehicle must be moved after the delivery or collection has taken place.
Loading is not permitted at places where the parked car could cause an obstruction, such as within 10 metres of a junction.
Sometimes, within a parking place, there is a yellow line called a “loading gap”. The same rules as above apply to this yellow line.
Often there will be yellow ‘blips’ on the kerb. These warn that there is a loading restriction. Two ‘blips’ mean no loading ‘at any time’. One ‘blip’ means that loading is restricted at certain times, as shown on a white plate. Even Blue Badge holders with badges and time clocks are not allowed to park where there are loading restrictions in force.
