Parking a trailer on the road - legal?
Discussion
kwit drove into it while pooteling down the road?TheExcession said:
Hi all,
Was wondering if there are an legal issues surrounding parking a trailer one th road outside my house.
It's a quiet residential area with reasonably good street lighting so other than annoying the neighbours is there anything else I need to take into consideration?
thanks
Ex
I wouldn't worry. It will likely be stolen within a few days.
There is no requirement under the Road Traffic Act to insure a trailer as it only mentions motor vehicle. It may be prudent to do so separately depending on its value.
Reg 103 MV [Con and Use]Regs 86 however creates the offence - no person in charge of a motor vehicle OR Trailer shall cause or permit the vehicle to cause any unnecesssary obstructiuon of the road. It has been held that a vehicle left for an unreasonable time may be an unreasonable obstruction.
A trailer so left as described has also to have at least one wheel prevented from turning by use of parking brake, chain, chock etc. Offence not to do so Reg 89.
Both of which, following a conviction, could lead to disqualification.
DVD
Reg 103 MV [Con and Use]Regs 86 however creates the offence - no person in charge of a motor vehicle OR Trailer shall cause or permit the vehicle to cause any unnecesssary obstructiuon of the road. It has been held that a vehicle left for an unreasonable time may be an unreasonable obstruction.
A trailer so left as described has also to have at least one wheel prevented from turning by use of parking brake, chain, chock etc. Offence not to do so Reg 89.
Both of which, following a conviction, could lead to disqualification.
DVD
Thanks guys,
I don't think it will cause any more of obstruction than a parked car.
It has a handbrake so covered on that point.
Could be a bit fecker if some numpty drives into it as I will need it to move over to Ireland in a few weeks - guess I'll just have to take the chance.
Maybe if I dress it up in Christmas Tree lights that would help?
best
Ex
I don't think it will cause any more of obstruction than a parked car.
It has a handbrake so covered on that point.
Could be a bit fecker if some numpty drives into it as I will need it to move over to Ireland in a few weeks - guess I'll just have to take the chance.
Maybe if I dress it up in Christmas Tree lights that would help?
best
Ex
TheExcession said:
Maybe if I dress it up in Christmas Tree lights that would help?
best
Ex
Im afraid that even if you placed a light with the brigtness, heat and presence of 1,000 of our suns combined that was flashed with big WARNING signs, the determined numpty would still fail to see it.
Its a risk and if its gonna happen its gonna happen. Just do the best you can.
TheExcession said:
Maybe if I dress it up in Christmas Tree lights that would help?
DVD,
What do you reckon about lights at night? Fwiw my opinion either front and rear posn lights etc or what about signs and amber roadworks lamps as for a skip? That should mean Mr Excession would have to be renamed Persil methinks.
FiF
Ahhhh FiF.
When your wrote the Lighting Regs you defined trailer as something constructed or adapted to be drawn by another vehicle. But you didn't define vehicle in the Interpretation Section so as the Regs were made under RTA 88 one has to be go there to define vehicle which I take as a mpv which a trailer is not. So under the requirements part of the Regs trailer is not mentioned so front/rear position lamps etc are out are they not?
It isn't a Builders skip as defined under Highways Act so that part of the Act which requires them to be marked and lit excetra is also out.
Daft thing is that if it is attached to a motor vehicle then generally the rear of the trailer has to have the same bibs and bobs as the rear of the towing vehicle.
But under Highway Act if LA get a complaint that anything deposited on the Highway is a nuisance they can order the owner to remove or if they think it is a danger (depending on street lighting) they may remove forthwith and claim costs back off the owner.
DVD
When your wrote the Lighting Regs you defined trailer as something constructed or adapted to be drawn by another vehicle. But you didn't define vehicle in the Interpretation Section so as the Regs were made under RTA 88 one has to be go there to define vehicle which I take as a mpv which a trailer is not. So under the requirements part of the Regs trailer is not mentioned so front/rear position lamps etc are out are they not?
It isn't a Builders skip as defined under Highways Act so that part of the Act which requires them to be marked and lit excetra is also out.
Daft thing is that if it is attached to a motor vehicle then generally the rear of the trailer has to have the same bibs and bobs as the rear of the towing vehicle.
But under Highway Act if LA get a complaint that anything deposited on the Highway is a nuisance they can order the owner to remove or if they think it is a danger (depending on street lighting) they may remove forthwith and claim costs back off the owner.
DVD
Dwight VanDriver said:
But under Highway Act if LA get a complaint that anything deposited on the Highway is a nuisance they can order the owner to remove or if they think it is a danger (depending on street lighting) they may remove forthwith and claim costs back off the owner.
DVD
DVD you are quite correct as usual. I used a Rangie and trailer for recovery for many many years. As I lived in town, and had to park on the Highway, I had to leave marker lights on at night and ensure that the trailer was never left unhitched. AFAIAA any vehicle or trailer left on the highway is technically causing an obstruction. It is at the discretion of the BiB as to wether to make an issue of it.
Steve
(OK I see a large landing net looming but.....)
Ahhh I have listened to m'learned friend DVD's argument but I put it to you that for purposes of lighting regulations a trailer is defined as
"A vehicle constructed or adapted to be drawn by another vehicle."
The regulations regarding obligatory lights between sunset and sunrise simply refer to "a vehicle."
They then go on to refer to Part III Section 24 para 3 (b)
"b) a trailer to the front of which no other vehicle is attached and which is not required to be fitted with front position lamps,
unless a pair of front position lamps is fitted and kept lit and unobscured."
This section also refers to the parking of vehicles without showing the obligatory lights, and I refer to sub paras 5, 7 & 9.
Let us assume, for the purposes of discussion, that Mr Excession's trailer is stopped upon a restricted road with a system of street lighting, more than 10 m from a junction and with nearside closest to and parallel to the left hand kerb.
para 7 defines the types of vehicles which are allowed to be parked without lights assuming the above conditons relating to location thereof.
A trailer is not included in those permitted vehicles, indeed as m'learned friend correctly observes, the addition of a trailer prevents an otherwise permitted vehicle from parking without lights.
Therefore it is clear to me that the intention of the regulations is that trailers parked on the highway should be lit regardless of whether they are hitched or unhitched. I do agree that this is unclear within the regs as written.
Of course one then has to examine if an unhitched trailer is amongst the types of vehicle listed in schedule 1 as requiring obligatory lights. It could be argued that it is not as only trailers drawn by a motor vehicle ref sched 1 table VI , or trailers drawn by a pedal cycle ref sched 1 table VII are so listed.
Nevertheless equally it could be argued that an unhitched trailer now becomes a vehicle per sched 1 table V, vehicle drawn or propelled by hand, in which case Mr Excession will get away with showing front and rear position lights or rear reflectors will probably suffice in place of rear position lights.
Finally turning to the matter of amber lamps and signs, this was to allow Mr Excession to take advantage of the situation in section 24 para 9 ref parking vehicles within the boundaries of roadworks.
Perhaps there ought to be a test case.
[silly head on]
Mr Excession: for the benefit of the community perhaps you ought to park your trailer without any form of lighting. Please attach a large sign to the rear saying "Come and get me, you'll never take me alive copper!"
[/silly]
>> Edited by Flat in Fifth on Monday 8th November 10:05
Ahhh I have listened to m'learned friend DVD's argument but I put it to you that for purposes of lighting regulations a trailer is defined as
"A vehicle constructed or adapted to be drawn by another vehicle."
The regulations regarding obligatory lights between sunset and sunrise simply refer to "a vehicle."
They then go on to refer to Part III Section 24 para 3 (b)
"b) a trailer to the front of which no other vehicle is attached and which is not required to be fitted with front position lamps,
unless a pair of front position lamps is fitted and kept lit and unobscured."
This section also refers to the parking of vehicles without showing the obligatory lights, and I refer to sub paras 5, 7 & 9.
Let us assume, for the purposes of discussion, that Mr Excession's trailer is stopped upon a restricted road with a system of street lighting, more than 10 m from a junction and with nearside closest to and parallel to the left hand kerb.
para 7 defines the types of vehicles which are allowed to be parked without lights assuming the above conditons relating to location thereof.
A trailer is not included in those permitted vehicles, indeed as m'learned friend correctly observes, the addition of a trailer prevents an otherwise permitted vehicle from parking without lights.
Therefore it is clear to me that the intention of the regulations is that trailers parked on the highway should be lit regardless of whether they are hitched or unhitched. I do agree that this is unclear within the regs as written.
Of course one then has to examine if an unhitched trailer is amongst the types of vehicle listed in schedule 1 as requiring obligatory lights. It could be argued that it is not as only trailers drawn by a motor vehicle ref sched 1 table VI , or trailers drawn by a pedal cycle ref sched 1 table VII are so listed.
Nevertheless equally it could be argued that an unhitched trailer now becomes a vehicle per sched 1 table V, vehicle drawn or propelled by hand, in which case Mr Excession will get away with showing front and rear position lights or rear reflectors will probably suffice in place of rear position lights.
Finally turning to the matter of amber lamps and signs, this was to allow Mr Excession to take advantage of the situation in section 24 para 9 ref parking vehicles within the boundaries of roadworks.
Perhaps there ought to be a test case.
[silly head on]
Mr Excession: for the benefit of the community perhaps you ought to park your trailer without any form of lighting. Please attach a large sign to the rear saying "Come and get me, you'll never take me alive copper!"
[/silly]
>> Edited by Flat in Fifth on Monday 8th November 10:05
Flat in Fifth said:
Perhaps there ought to be a test case.
Mind if I pass on this one?
I wondered about the terchnicalioties of leaving it hitched to the towing vehicle but the trailer has a locking ball in the hitch to aid in the prevention of theft - and so to hitch it to the car would mean anyone could come along and take it away.
As it is I've left it parked in the correct direction so at least the number plate and rear reflectors are visible to approaching cars, and the towing vehicle is normally parked at the hitch end so hopefully someone wont come driving at it from that end.
I'm seriously tempted to give the local cop shop a call and quote all the stuff posted above and see if they can give me a straight answer.
thanks for all the info peops
best
Ex
FiF stated:
<<<<Therefore it is clear to me that the intention of the regulations is that trailers parked on the highway should be lit regardless of whether they are hitched or unhitched. I do agree that this is unclear within the regs as written.>>>>
Spot on old chap. The argument arises because " vehicle" is not defined. The term is used often as is motor vehicle. Likewise reference is made to a vehicle drawn and also propelled by hand. E's trailer isn't being drawn neither is it being propelled by hand?.
Ammunition for your argument is at that part which deals with the exemption for stop lights and indicators at the rear of a trailer providing they can be seen at the rear of the towing vehicle. Only applies to trailers made on or before 1.10.90.
DVD
<<<<Therefore it is clear to me that the intention of the regulations is that trailers parked on the highway should be lit regardless of whether they are hitched or unhitched. I do agree that this is unclear within the regs as written.>>>>
Spot on old chap. The argument arises because " vehicle" is not defined. The term is used often as is motor vehicle. Likewise reference is made to a vehicle drawn and also propelled by hand. E's trailer isn't being drawn neither is it being propelled by hand?.
Ammunition for your argument is at that part which deals with the exemption for stop lights and indicators at the rear of a trailer providing they can be seen at the rear of the towing vehicle. Only applies to trailers made on or before 1.10.90.
DVD
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff