The definition of a Clearway

[Track_Cit]

Hi all, after a recent encounter with Wiltshire County Council I would like some clarity in respect to the law surrounding clearways and more specially how it is deemed that a particular section of road should be defined as a clearway rather than choosing to adopt the placement of yellow lines or ‘no parking’ signs for example.

In a nutshell, I received a parking ticket on a Sunday morning whilst out walking with my 18 month old daughter at Shearwater Lake and whilst I fully understand why, there are several factors which have caused me to consider the justification and ethics of this outcome. I will go into more detail below but my belief is that the council are deliberately taking advantage of the vagaries surrounding this legal condition in this particular location as they have been raking money in since 2016 via PCN’s (a quick google search and review of trip advisor reveals this). The basic principle to note is that if WCC really wanted to prevent people parking ‘illegally’ they would introduce more effective measures to do so, as it is abundantly clear that the current system is inadequate. The evidence of this is that thousands of people have been doing and continue to do the same thing which confirms two things (1) I am the only idiot in Britain! (there cannot be that many people who are unable to understand these specific parking conditions) and (2) the system is just not working.

To explain, I have been visiting this rural spot for around a year and there is a reasonably large carpark where it is normally possible to park ( I always have been able to do so in the past). However on busy weekends this can become packed to the brim and consequently visitors are ‘forced’ to park down the road alongside the lake. However this area is actually a clearway and defined by signage at both the entry and exit points (about a mile or so apart). This also includes small ‘repeaters’ on the left side of the road only (these show the clearway symbol but are not accompanied by the usual ‘no stopping’ text underneath). It should be noted that it would be impossible to park safely anyway on this side without causing an obvious obstruction. There is a large verge along the ride side of the road and then the lake edge thereafter. There is no signage whatsoever on the right hand side of the road to indicate that it is not legal to stop and/or park there (to clarify the right hand side if coming from the direction of the carpark). It is possible to park on the right side of the road with two wheels on the verge without obstructing the carriageway. There is access to the Lake from both sides of the clearway and the road is two way and of reasonable width. It is a rural location without a hospital or any other salient services at either end so obstructing it would be of no great consequence to anyone other than a source of minor irritation as you could access the same location via a drive back on oneself from either direction.

On this occasion there were cars everywhere and I simply didn’t see the large sign at the entry. I have also not noticed it during my previous visits as I’ve always been able to find a space in the carpark. Not seeing any obvious signs on the verge side where I chose to park I did not see any reason why it would be unlawful. I was oblivious to the repeaters on the opposite side of the road as they are not particularly obvious and in addition if anyone has driven a toddler around they will appreciate the difficulty one has concentrating on anything other than keeping them satisfied!

Irrespective of the law regarding clearways and the question of whether I was fault (which I accept that I was) I do have some issues regarding the legality and morality of this PCN. It is more of an annoyance than a problem and I plan to pay the fine as I cannot be bothered to string it out any longer. I have already appealed and received a predictably patronising rejection from WCC. I would however call into question the ethics of WCC who deem it good practice to venture out on a Sunday issuing fines during the greatest pandemic of the 21st Century during which thousands of people are losing their jobs and facing financial hardship but that is a moot point for another occasion.

So now I have described the situation adequately (or at least I think I have) the principle points to consider are as follows;

1. Why has this particular section of road been selected for definition as a clearway and has it been done so in accordance with British Law i.e. anyone can erect a sign stating ‘no parking’ but it does not necessarily become a legal requirement if it is placed improperly and without correct authorisation.
2. If it is obvious that current signage is insufficient to achieve the outcome for which it is placed, why has something not yet been done to rectify this (notwithstanding that it is an obvious and easy money spinner for WCC).
3. If something is morally and ethically questionable who can you refer the matter to in order to have it reviewed in an objective and impartial manner (I’m referring to the signage and the fact that it appears to be insufficient which is evidenced by the sheer number of people who are ‘caught out’ on a regular basis (me included).

I do not consider myself a law breaker or someone who is unfamiliar with road signs but there are clear vagaries in this instance which need to be dealt with. Not sure if we have any professionals on here familiar with traffics laws who may be able to advise. In the meantime I will stump up and pay the fine but I feel annoyed whenever I am reminded of it.

Edited by Track_Cit on Thursday 17th December 13:20

[Pica-Pica]

Yellow lines mean no parking, a clearway means no parking AND no stopping.

[Graveworm]

A clearway is a different restriction to yellow lines. It's no stopping except if unavoidable, other than for taxis or buses etc.

[4rephill]

Track_Cit said:

Hi all, after a recent encounter with Wiltshire County Council I would like some clarity in respect to the law surrounding clearways and more specially how it is deemed that a particular section of road should be defined as a clearway rather than choosing to adopt the placement of yellow lines or ‘no parking’ signs for example.

In a nutshell, I received a parking ticket on a Sunday morning whilst out walking with my 18 month old daughter at Shearwater Lake and whilst I fully understand why, there are several factors which have caused me to consider the justification and ethics of this outcome. I will go into more detail below but my belief is that the council are deliberately taking advantage of the vagaries surrounding this legal condition in this particular location as they have been raking money in since 2016 via PCN’s (a quick google search and review of trip advisor reveals this). The basic principle to note is that if WCC really wanted to prevent people parking ‘illegally’ they would introduce more effective measures to do so, as it is abundantly clear that the current system is inadequate. The evidence of this is that thousands of people have been doing and continue to do the same thing which confirms two things (1) I am the only idiot in Britain! (there cannot be that many people who are unable to understand these specific parking conditions) and (2) the system is just not working.

To explain, I have been visiting this rural spot for around a year and there is a reasonably large carpark where it is normally possible to park ( I always have been able to do so in the past). However on busy weekends this can become packed to the brim and consequently visitors are ‘forced’ to park down the road alongside the lake. However this area is actually a clearway and defined by signage at both the entry and exit points (about a mile or so apart). This also includes small ‘repeaters’ on the left side of the road only (these show the clearway symbol but are not accompanied by the usual ‘no stopping’ text underneath). It should be noted that it would be impossible to park safely anyway on this side without causing an obvious obstruction. There is a large verge along the ride side of the road and then the lake edge thereafter. There is no signage whatsoever on the right hand side of the road to indicate that it is not legal to stop and/or park there (to clarify the right hand side if coming from the direction of the carpark). It is possible to park on the right side of the road with two wheels on the verge without obstructing the carriageway. There is access to the Lake from both sides of the clearway and the road is two way and of reasonable width. It is a rural location without a hospital or any other salient services at either end so obstructing it would be of no great consequence to anyone other than a source of minor irritation as you could access the same location via a drive back on oneself from either direction.

On this occasion there were cars everywhere and I simply didn’t see the large sign at the entry. I have also not noticed it during my previous visits as I’ve always been able to find a space in the carpark. Not seeing any obvious signs on the verge side where I chose to park I did not see any reason why it would be unlawful. I was oblivious to the repeaters on the opposite side of the road as they are not particularly obvious and in addition if anyone has driven a toddler around they will appreciate the difficulty one has concentrating on anything other than keeping them satisfied!




I do have some issues regarding the legality and morality of this PCN. It is more of an annoyance than a problem and I plan to pay the fine as I cannot be bothered to string it out any longer. I have already appealed and received a predictably patronising rejection from WCC. I would however call into question the ethics of Wiltshire County Council who deem it good practice to venture out on a Sunday issuing fines during the greatest pandemic of the 21st Century during which thousands of people are losing their jobs and facing financial hardship but that is a moot point for another occasion.

So now I have described the situation adequately (or at least I think I have) the principle points to consider are as follows;

1. Why has this particular section of road been selected for definition as a clearway and has it been done so in accordance with British Law i.e. anyone can erect a sign stating ‘no parking’ but it does not necessarily become a legal requirement if it is placed improperly and without correct authorisation.
2. If it is obvious that current signage is insufficient to achieve the outcome for which it is placed, why has something not yet been done to rectify this (notwithstanding that it is an obvious and easy money spinner for WCC).
3. If something is morally and ethically questionable who can you refer the matter to in order to have it reviewed in an objective and impartial manner (I’m referring to the signage and the fact that it appears to be insufficient which is evidenced by the sheer number of people who are ‘caught out’ on a regular basis (me included).

I do not consider myself a law breaker or someone who is unfamiliar with road signs but there are clear vagaries in this instance which need to be dealt with. Not sure if we have any professionals on here familiar with traffics laws who may be able to advise. In the meantime I will stump up and pay the fine but I feel annoyed whenever I am reminded of it.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/782724/traffic-signs-manual-chapter-03.pdf

(For some reason the site wont allow the link - Copy & Paste it into a web address box)

Section 7.1 covers clearways


You appear to contradict yourself.

Here you state you were at fault:

Track_Cit said:

.....Irrespective of the law regarding clearways and the question of whether I was fault (which I accept that I was).....

But here you state:

Track_Cit said:

.....I do not consider myself a law breaker or someone who is unfamiliar with road signs.....

If you're familiar with road signs, and you've been visiting the area for a year or more on a fairly regular basis, you should have been aware of the Clearway section of road.

And having been given a parking ticket for parking on a clearway, you are a lawbreaker (It's not the most heinous offence in the World, but it is still breaking a Law!)


As for the selection of section of road to be made a clearway:

There doesn't appear to be any definitive legal criteria that has to be met, in order for a clearway to apply - It's purely down to the local authorities opinion as to whether or not they feel people stopping or parking on the carriageway could impede traffic flow, or create a risk of a serious accident.

Clearway sections are easier for local authorities to implement, because, it removes the need to paint miles yellow lines alongside the road (the act of which in itself would create traffic issues, and a danger to road users).

Also, unlike yellow lines on the roads, clearways need no regular maintenance - Apart from cleaning the signs once in a blue moon.

[normalbloke]

What would Elsa say?

[Pica-Pica]

4rephill said:

If you're familiar with road signs, and you've been visiting the area for a year or more on a fairly regular basis, you should have been aware of the Clearway section of road.

Or as my dear old mum was fond of saying “you buy your learning”

[Track_Cit]

4rephill said:

If you're familiar with road signs, and you've been visiting the area for a year or more on a fairly regular basis, you should have been aware of the Clearway section of road.

And having been given a parking ticket for parking on a clearway, you are a lawbreaker (It's not the most heinous offence in the World, but it is still breaking a Law!)


As for the selection of section of road to be made a clearway:

There doesn't appear to be any definitive legal criteria that has to be met, in order for a clearway to apply - It's purely down to the local authorities opinion as to whether or not they feel people stopping or parking on the carriageway could impede traffic flow, or create a risk of a serious accident.

Clearway sections are easier for local authorities to implement, because, it removes the need to paint miles yellow lines alongside the road (the act of which in itself would create traffic issues, and a danger to road users).

Also, unlike yellow lines on the roads, clearways need no regular maintenance - Apart from cleaning the signs once in a blue moon.

thanks....I think! Maybe if i'd have inserted the term 'not an intentional lawbreaker' that would've covered me there! The point being is that the signage isn't working as so many people are being caught out in the same way. There can't be that many people chancing their arm to park illegally in the hope they won't get a ticket. Same applies for those who do not understand what a clearway is. Vagaries exist and this seems to be an unfair way to penalise people and even if they added the clearway repeaters on the actual side of the road where a contravention is likely to take place that would be a good start. A reasonable person would be able to see that the selection of traffic law in this instance appears to provide an unfair advantage to the council rather than actually comprising a preventative solution that does what it sets out to do. No stopping signs or repeaters on the right side of the road on the verge where people actually do park would require zero maintainance and stop people parking there. There would be no excuses at all then! Perhaps i'm not being reasonable though?

Edited by Track_Cit on Thursday 17th December 14:48

[Track_Cit]

Pica-Pica said:

Or as my dear old mum was fond of saying “you buy your learning”

That is very true. It also increases your cynicism unfortunately and I still don't think the council give two hoots about preventing parking they just want easy money and this provides an excellent method to achieve that.

Edited by Track_Cit on Thursday 17th December 14:56

[Cliftonite]

I would imagine a TRO (Traffic Regulation Order) is required before a Clearway can be set up?

If so, it would be interesting / useful to obtain a copy from the relevant authority to check that its terms match its implementation.

[Track_Cit]

Cliftonite said:

I would imagine a TRO (Traffic Regulation Order) is required before a Clearway can be set up?

If so, it would be interesting / useful to obtain a copy from the relevant authority to check that its terms match its implementation.

Thanks, this is exactly what I was getting at. I wonder how you would obtain such a docuement as I am not sure that WCC would be forthcoming?

[Cliftonite]

Google might help. I got mine from the local Council re a one-way street query in Lincolnshire. It proved that I was right and the police were wrong!

[Track_Cit]

Cliftonite said:

Google might help. I got mine from the local Council re a one-way street query in Lincolnshire. It proved that I was right and the police were wrong!

I bet that was highly satisfying! The thing is i'm happy to pay the fine (happy) but it's not going to stop others doing the same thing which is why I think something needs to done to provide further clarity. People rock up and see a verge and a lake in the middle of nowhere, no signage and subsequently figure it's ok to park there only to be issued a ticket.

[silverfoxcc]

Something i found out, that i was totally unaware of is the definition of highway and carriageway

The carriageway is the distance from kerb to kerb

The highway extends from the fence to fence on each side of the road. Note irrespective of the distance from the carriageway, esp if said ground is under the control of the local authority and therefore the yellow line, the red route/clearway restrictions do not stop at the kerb but continues up the the boundary where the fence/wall exists

So many people write to pepipoo having a rant that although there were yellow lines etc they were completely off the road. ( and support this with their pictures!)They are politely advised of the above and told they are bang to rights.

Not all councils are savvy to this distinction, but i would advise that you assume that they are when deciding to park on the grass.
The only way you can 'get off ' is with with a tecnhicality that the council PCN is flawed in the small print .

[Track_Cit]

silverfoxcc said:

Something i found out, that i was totally unaware of is the definition of highway and carriageway

The carriageway is the distance from kerb to kerb

The highway extends from the fence to fence on each side of the road. Note irrespective of the distance from the carriageway, esp if said ground is under the control of the local authority and therefore the yellow line, the red route/clearway restrictions do not stop at the kerb but continues up the the boundary where the fence/wall exists

So many people write to pepipoo having a rant that although there were yellow lines etc they were completely off the road. ( and support this with their pictures!)They are politely advised of the above and told they are bang to rights.

Not all councils are savvy to this distinction, but i would advise that you assume that they are when deciding to park on the grass.
The only way you can 'get off ' is with with a tecnhicality that the council PCN is flawed in the small print .

I have to admit that this experience has been a learning curve as I have read a lot about clearways and the definition of such. I am not attempting to evade paying the fine at this stage I just think something needs to changed in order ot prevent others from making the same mistake as despite the clearway signage in place it's not sufficient to stop people parking incorrectly, and they can't all have no clue as to what the signs mean, they just aren't visible/clear/obvious enough imo. Just put some on the poxy side of the road people actually park on....

[silverfoxcc]

Pica Pica

Re DYL and SYL parking

However, there is an exemption that allows the driver to park on DYL/SYL and leave the car unattended in order to assist passengers (esp those infirm eg Wheelchair users and vulnerable eg small children to and from the car and address , This is not to be abused by stopping and having a cup of coffee etc but where it is of a necessity. I have seen cases where it was thrown out on appeal as the driver claimed that to park on DYL outside the school was and exemption, but the tribunal threw it out as in their words 'There were suitable places to park within walking distance'

You can read between the lines what he would have liked to have said!!!

[Saleen836]

Track_Cit said:

I bet that was highly satisfying! The thing is i'm happy to pay the fine (happy) but it's not going to stop others doing the same thing which is why I think something needs to done to provide further clarity. People rock up and see a verge and a lake in the middle of nowhere, no signage and subsequently figure it's ok to park there only to be issued a ticket.

You are one of many that received a parking ticket at Shearwater, the local spotted page during lockdown was flooded with people moaning about either getting a ticket or how could they social distance whole there when there was so many other people

(yes i'm a local to it)

[Pica-Pica]

silverfoxcc said:

Pica Pica

Re DYL and SYL parking

However, there is an exemption that allows the driver to park on DYL/SYL and leave the car unattended in order to assist passengers (esp those infirm eg Wheelchair users and vulnerable eg small children to and from the car and address , This is not to be abused by stopping and having a cup of coffee etc but where it is of a necessity. I have seen cases where it was thrown out on appeal as the driver claimed that to park on DYL outside the school was and exemption, but the tribunal threw it out as in their words 'There were suitable places to park within walking distance'

You can read between the lines what he would have liked to have said!!!

At a school near where we lived, the locals complained to our parish council about people parking near a school and walking into town to get the train. The county councillor got highways to put a single yellow line with ‘no parking: 11am - Noon’. That stopped commuter parking, but allowed parents to drop off and pick up schoolchildren.

[Plymo]

AFAIK the "No stopping" clearway applies only to the carriageway - kerb to kerb - unlike Double Yellows, which apply to the highway, including pavements and verges.

I did find a reference in the past for this but can't remember exactly where it was.

OP: did you park on the verge? If so you may well be in the right

[IJWS15]

Question......

How do the council force you to park on the road? A gang of heavies threatening you?

Or did the op just park there because he felt entitled, got caught, and of course it must be someone else’s fault.

[Track_Cit]

Saleen836 said:

You are one of many that received a parking ticket at Shearwater, the local spotted page during lockdown was flooded with people moaning about either getting a ticket or how could they social distance whole there when there was so many other people

(yes i'm a local to it)

The problem is that it's not obvious enough to people hence why so many get ticketed. My original point is that if the council really wanted to prevent improper parking they'd put some signs on the adjacent side where people actually park, i'll say it until i'm blue in the face but there's a reason so many people get caught and it's not because they're all stupid and/or taking liberties. I visit a lot and always use the carpark but I guess lockdown has prompted a lot of people to get out walking with their families and these spots get busier than usual.

IJWS15 said:

Question......

How do the council force you to park on the road? A gang of heavies threatening you?

Or did the op just park there because he felt entitled, got caught, and of course it must be someone else’s fault.

If you read the post properly you will understand what I meant, it's not difficult. No, I do not feel entitled either it's just that there was nowhere else to park, not sure where you got that from? I suppose you never make any mistakes or do anything wrong ever?