What legislation covers this? No signs
What legislation covers this? No signs
Author
Discussion

Vron

Original Poster:

2,541 posts

232 months

Monday 30th January 2023
quotequote all
Morning. Not me but there is an argument raging locally about the legalities of parking on the grass verge outside the hospital. Cars are being ticketed by the council. I can’t find anything in the Highway Code that mentions central reservations other than for motorways ?

https://www.doncasterfreepress.co.uk/news/hospital...

vonhosen

40,597 posts

240 months

Monday 30th January 2023
quotequote all
What does it say on the ticket?

Are there parking restrictions on the road beside the verge?

SteveStrange

6,590 posts

236 months

Monday 30th January 2023
quotequote all
As someone who works with traffic/parking/Traffic Orders all the time, I can't see any specific reason - no clearway signing, no yellow lines, it's not a footway. It's a dick move because accessing/exiting the central reserve will be somewhat hazardous to other motorists, but I can't see anything that would specifically tell me "park there and you'll get a ticket". (Assuming it is highway and not a private road, as it is the Council giving out tickets)

As von says, what's the reason on the ticket?

Vron

Original Poster:

2,541 posts

232 months

Monday 30th January 2023
quotequote all
I haven’t had a ticket. I’ve been told people are being ticketed by the Council. I wondered what law was broken

vonhosen

40,597 posts

240 months

Monday 30th January 2023
quotequote all
Vron said:
I haven’t had a ticket. I’ve been told people are being ticketed by the Council. I wondered what law was broken
We would need to know what offence is being alleged on the tickets, because that's the alleged transgression.
There's could be, but without more information can't say much more.

SteveStrange

6,590 posts

236 months

Monday 30th January 2023
quotequote all
Galveston said:
Parking restrictions marked on the carriageway apply to the full width of the highway, including the verge and central reservation, unless specifically excluded in the relevant traffic regulation order (which they won’t be).
There are no parking restrictions marked on the carriageway (except for DYLs at junctions), just hourly limits.

Again, unless there is a byelaw, then there is nothing showing on Google Streetview that says you would be breaking a law. It's not sensible to park there, but it does not look illegal/ticketable to me.

edthefed

820 posts

90 months

Monday 30th January 2023
quotequote all
It appears to be a specific offence under the 1988 Road Traffic Act

Subject to the provisions of this section, a person who parks a vehicle, other than a heavy commercial vehicle (as defined in section 20 of this Act) wholly or partly—
(a)on the verge of an urban road, or
(b)on any land which is situated between two carriageways of an urban road and which is not a footway, or
(c)on a footway comprised in an urban road,is guilty of an offence.

SteveStrange

6,590 posts

236 months

Monday 30th January 2023
quotequote all
edthefed said:
It appears to be a specific offence under the 1988 Road Traffic Act

Subject to the provisions of this section, a person who parks a vehicle, other than a heavy commercial vehicle (as defined in section 20 of this Act) wholly or partly—
(a)on the verge of an urban road, or
(b)on any land which is situated between two carriageways of an urban road and which is not a footway, or
(c)on a footway comprised in an urban road,is guilty of an offence.
Looking at this, it does not appear to say that?

https://www.legislation.gov.uk/ukpga/1988/52/part/...

edthefed

820 posts

90 months

Monday 30th January 2023
quotequote all
Section 19A Road Traffic Act 1988 searched on google brings up the offences in my earlier post

vonhosen

40,597 posts

240 months

Monday 30th January 2023
quotequote all
edthefed said:
Section 19A Road Traffic Act 1988 searched on google brings up the offences in my earlier post
19A Road Traffic Act 1988 was repealed in Road Traffic Act 1991.

J__Wood

551 posts

84 months

Monday 30th January 2023
quotequote all
Section 34 RTA 1988?

speedchick

5,271 posts

245 months

Monday 30th January 2023
quotequote all
From my days of on street parking, we had a blitz on one particular street where they were parking on a central reservation, I recall that we used the one that relates to being more than 50cm from the kerb (contravention 26?) I can't remember the numbers, I only do off street ones now!

surveyor

18,598 posts

207 months

Monday 30th January 2023
quotequote all
Doncaster is full of idiots.

They have quoted the act a few times. The trust social media team has been having fun with it...

sospan

2,755 posts

245 months

Tuesday 31st January 2023
quotequote all
What are the detail#/ reason on the ticket?
vonhosen has asked a couple of times.
That will help with determining the reason/ legality. Until then it is just speculation and “ what-if” guessing.

surveyor

18,598 posts

207 months

Tuesday 31st January 2023
quotequote all
i don't think anyone has popped up admitting to getting a ticket yet...