Illegal v Legal Bay Markings
The Chief Executive
The Town Hall
Dear Sir
Subject: Fixed Penalty Ticket XXXXXXXX dated XXXXXXX
I write in regard to the issue of the above penalty charge notice to my vehicle in XXXXXXX Street, XXXX on XXXX XXXXX 200X.
I have examined the Parking Bay / Upright Plate / Yellow Line (delete as appropriate) in relation to the penalty you have issued and I find that the markings on the highway fail to meet the legal requirements as set out in Statute and Regulations. The variations between the markings on the road to those in the Regulations are not de minimus as they exceed the maximum/minimum (delete as appropriate) prescribed parameters set out by both Ministers and the Secretary of State in the current Regulations and Statute.
I therefore intend to appeal against the excess charge/parking ticket (delete as appropriate) issued to me at XXX on the XX of XXX 200X. I request that your authority therefore provide me with details of:
1. The Traffic Penalty Tribunal (or PATAS for London)
2. The Local Government Ombudsman
I also ask that you formally record my challenge/appeal against the fixed penalty ticket.
I am aware that a “traffic sign” is the only form of signing that a highway authority is empowered to place on a road to direct traffic, and any other form of sign employed by you cannot in any way be made to resemble a ‘traffic sign’.
Also, if the sign chosen or provided by a Highway Authority for the purpose of directing drivers as to what if any restriction applies, does not meet the strict criteria set out in law, then the sign is “non-prescribed”. The Government set out that the use of “non-prescribed” signs on a highway is ‘illegal’, and an authority who so uses such signs “acts beyond its powers”.
In order to use signs not prescribed in Statute and the Regulations, you are required to have obtained site-specific authority of the Secretary of State. If such an authority exists for the use of the signs and lines in XXXXXXXXX, I request that a copy be forwarded to my address.
Your Officers are no doubt aware that the Road Traffic Regulation Act 1984 states:
Section 64 Road Traffic Regulation Act 1984
In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—
specified by regulations made by the Ministers acting jointly, or
authorised by the Secretary of State, and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.
Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the Secretary of State authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of the sign.
The duty of a highway authority is clearly set out in section 65 of the Act:
Section 65 of the Road Traffic Regulation Act 1984
Subject to and in conformity with such general directions as may be given by the Ministers acting jointly, or such other directions as may be given by the Secretary of State, a highway authority may cause or permit traffic signs to be placed on or near any road in their area.
This section has a legislative margin noted stating – Powers and duties of highway authorities as to placing of traffic signs.
The Traffic Signs Regulations and General Directions 2002 (and 1994) at Regulation 11 also directs what a traffic sign can be:
Regulation 11 Traffic Signs Regulations and General Directions 2002.
Signs, markings and signals to be of the sizes, colours and types shown in diagrams.
(1) Subject to the provisions of these Regulations, a sign for conveying information or a warning, requirement, restriction, prohibition or speed limit of the description specified under a diagram in Schedules 1 to 7, Part II of Schedule 10 and Schedule 12 to traffic on roads shall be of the size, colour and type shown in the diagram.
Diagram XXXX sets out the parameters for the format and use of a double yellow line/Parking Bay (delete as appropriate). The form is rigid and must reflect the precise markings set out in the Regulations to create a lawful restriction. The permitted variants to this design are shown as: XXX. Therefore a line without terminal marking is incomplete / a bay set out on the road in XXXXXXXXX (delete as appropriate) and is not a prescribed sign as set out in both Regulation and Statute.
I note that the lining in the City/Town (delete as appropriate) follows this non-prescribed format, which I take to be the deliberate act of the highway authority in contravention of its duties under section 65 of the Act.
I request that the authority provide copies of any written authority of the Secretary of State authorising the use of non-prescribed lining in the City/Town of XXXX for the control of traffic.
In the absence of such authority I would draw your attention to the fact that the government in Chapter 1 of the Traffic Signs Manual sets out the legal ramifications of your council’s action and I quote:
Chapter 1 Traffic Signs Manual - Use of Non-prescribed ‘Illegal’ signs.
Part 3. Legal Aspects and Responsibilities for Signs
1.18 The use on Public highways of non-prescribed signs which have not been authorised by, or on behalf of, the Secretary of State, is illegal and Authorities who so use unauthorised signs act beyond their powers. Additionally, an unauthorised sign in the highway is an obstruction. The possible consequences of erecting or permitting the erection of obstructions may be severe and those responsible could lay themselves open to a claim for damages……
1.20 Authorities should consider requiring the removal of any object or device erected privately on land adjacent to their roads which has the apparent or express intention of guiding, warning or directing road users. In addition , private advertisements should not resemble or incorporate prescribed traffic signs on their symbols. United Kingdom signs are crown copyright and may not be reproduced without permission. In no circumstances will the Department permit the use of traffic signs on advertisements at roadside locations. When prescribed traffic signs are used illegally action should be taken to secure their removal.
I therefore believe that XXX City/Town Council has acted beyond its powers in placing non-prescribed restrictions on the highways in its area.
Further, I am aware that your highway engineers are provided with clear guidance on the provision of such lines and bays within Chapter 3 and Chapter 5 of the Traffic Signs Manual, both of which confirm the correct marking of a highway.
Whilst there tends to be a belief amongst some that a sign has merely to be recognisable as a sign to apply a restriction the Case of Davies v Heatley 1971 directs that even if a sign is clearly recognisable to a man as being a sign of that kind if it does conform to regulations no offence is committed.
Your authority has a clear duty in law, having access to relevant legislation, Government guidance and advice and of course, your own Legal Department. It is clear to me that the failure to sign the city to prescribed requirements must therefore be a conscious decision.
Further, as the Department for Transport points out to an authority provided with de-criminalised parking powers, you would be advised not to enforce defective lines and signs as they would invalidate the ticket issued, I therefore suggest that the decision to enforce defective restrictions must also be a conscious choice to act in breach of the law.
In conclusion, I do not accept that the parking restrictions imposed on XXXXXX Street are lawful, that the ticket issued is therefore invalid and the actions of the authority are in full knowledge of the breach of law and their legal obligations.
I take this opportunity to notify you that it is my intention to:
a) Appeal the Penalty Charge Notice to the Parking Adjudication Service
b) Make a formal complaint to the Local Government Ombudsman of maladministration causing injustice
I look forward to your early response.
Yours sincerely
Following a complaint by a member of the motoring group PepiPoo I intend to clarify points with regard to the simplicity and complexity of signing.
For the provision of parking controls for cars on roads, there are effectively two types of bay marking.
These can be easily identified by the end markings and the type of line that runs along the road parallel to the kerb.
These two types are to diagrams 1028 and diagram 1032 in the Regulations. The primary difference between the two bays are:
1. A 1028 series bay can only be used when there is a sign on a pole telling you what
restriction applies, otherwise the bay itself is unlawful (the location of the pole
relates to whether the restriction is in a Controlled Parking Zone or not).
2. A 1032 bay can be used with or without a sign on a pole, when no sign is present
the bay is uncontrolled, that is - free parking.
This simple approach to the provision of parking controls does become a little more complicated but, by way of examples:
Correct 1028.4 Correct 1032
Note: There is a single line starting the Note: A double line starts this type and bay and a row of dotted lines along the of bay and there are individual spaces
outside parallel to the kerb. without dotted lines along the side of
bay parallel to the kerb.
Non-Prescribed (illegal) 1028 Non-Prescribed (illegal) 1032
Note: Double lines start this bay with Note: A single line starts this bay but continuous dotted lines parallel to individual marked bays are present
kerb, and no individual bay markings. and no dotted lines parallel to the
kerb.
The Department for Transport provide working drawings to assist Councils to get it
right and to provide a reference for you to work from. These drawings are freely available to download at the link below:
The Regulations applying to these signs are called the Traffic Signs Regulations and General Directions 2002, Regulation 11 sets out that only signs specified in those Regulations can be used, and, Regulations 12 sets out the permitted variants to the lines shown in the illustrations.
Each sign has its own specific set of parameters, and lines and gaps have a maximum and minimum. Often Courts have decided that minor deviations are not important, that caused issues, so the Government set out ‘additional’ maximum and minimum measurements, beyond which, a Court should not permit the sign to be lawful, that is what the Ministers set out in the Regulations.
You can find access to these Regulations at:
The same ‘rules’ apply to yellow lines, the split in the image in the diagram in the Regulations is not to indicate that a Council had run them invisibly under a parking bay, or crossing point, but was to stop the image running off the bottom of the page of the book!
Additionally, when looking at the permitted variants to both the single and double yellow lines at diagrams 1017 and 1018.1, you can see that the Ministers state there are no permitted variants to the dimensions of the signs.
THE MORE DETAILED EXPLANATION:
That is the simple explanation now, at the request of the motoring group, here is some of the rest and I have tried not to make it too complicated:
Diagrams 1028 signs (parking bays) are divided into three primary groups:
1028.2, 1028.3 and 1028.4
Diagram 10278.2 provide our Taxi and Police bays, the markings must be in yellow and
they carry the legend(s) TAXIS, AMBULANCES or POLICE.
Bay markings have a minimum width of 1800 mm and a maximum
width of 2.7 metres. These dimensions are not variable.
Diagram 1028.3 provide our loading and disabled bays. The markings must be in
white and the minimum width of the bay is 2.7 metres and the
maximum width is 3.6 metres.
They are distinguishable by the three white lines extending towards
the kerb from the longitudinal markings
The bay marking must carry a legend, the primary word is
DISABLED, but this may be varied to BUSES, LARGE OR SLOW
VEHICLES ONLY or LOADING ONLY.
(For those living in London or Scarborough the legend COACHES
does not exist in law and has, according to the Department for
Transport, never been specially authorised for use).
Diagram 1028.4 provides our ‘standard’ parking bay. The minimum width of the bay
marking is 1.8 metres and the maximum 2.7 metres.
Legends are permitted, the word DOCTOR may be omitted (making
a plain bay, or varied to SOLO MOTORCYCLES ONLLY, SOLO
MCYLES ONLY, SOLO MCS ONLY or PERMIT HOLDERS ONLY.
In all these cases the fixed measurements are variable in accordance with Regulation 12, table 2 but the variable measurements cannot be exceeded beyond either dimension.
In the case of diagram 1032 bay markings, the variations differ slightly.
The individually separated bays have a minimum length of 4.5 metres
but this can be extended giving an individual bay of 6.6 metres.
Two bays can be joined together to give a maximum bay length of
13.2 metres
The bay can be accompanied by a legend; DOCTOR, DISABLED or
LOADING ONLY
The length of the bay marked DISABLED must be no less than
6600 millimetres and its width 2.7 metres unless where the nature of
the traffic is such the bay can be reduced in width to 1.8 metres.
Echelon is catered for in diagram 1033 and the constraints regarding that bay marking can be found in the Statutory Instrument.
UPRIGHT PLATES
So, does the requirement for an upright plate showing times of operation apply to an enforced bay?
Answer: Yes it does.
Does the absence of an upright plate render the bay unlawful?
Answer: Yes it does,
But, for Pepipoo readers I will explain that the missing pole may not or may not be ‘missing’ from the side of a bay marking or yellow line.
The Secretary of State for Transport makes directions within the legislation, these are binding in law. In relation to parking it is his Directions 25 and 26 that impact upon these restrictions.
For parking regimes not contained within a CPZ, each bay and each single yellow line requires upright plate(s) shown in the table. Without the plate(s), the bay marking cannot be used (they become proscribed or have no effect).
Conversely if the bay marking is non-prescribed, then the upright plate cannot be used and again the restriction falls.
CONTROLLED PARKING ZONES
CPZ’s (Controlled Parking Zones) are all the rage at the moment and authorities are creating them across the length and breadth of the country.
It is correct to say that in reading the Secretary of State for Transport’s direction 25, provided the markings are within a zone and there are zone entry plates at every point to the zone, and that the times of the bay and single yellow line markings are exactly the same as the entry plates, no upright plates are required. However, the markings must meet all the requirements of prescribed traffic signs (unless specially authorised by the Secretary of State for Transport).
However, if there are no entry plates, or there are entry points to zone where plates have been omitted, then the road markings fall in the same manner as set out earlier.
ENTRY PLATES
There are three primary mechanisms by which there are no entry plates.
The first relates to the failure to provide the signs at all points entering
the zone, the signs must be in pairs unless the road is less than 5
metres wide when one sign can be employed.
The second relates to the fact that all plates may be present at all points
entering the zone but the zone itself has not been formed correctly at
which point - the use of the entry plates is illegal and all bay markings
and single yellow lines must be accompanied by upright plates.
The third relates to the fact that not all areas of road are correctly
controlled. Bay markings may be non-prescribed, yellow lines
defectively marked, areas of highway are without the necessary
markings or other markings are in place that simply do not meet the
requirements of Regulation 4. At which point even a correctly place
entry plate becomes an unlawful obstruction of the highway as its
use is proscribed in law.
How then can an entry plate become proscribed if there is a zone?
Regulation 4 defines what a CPZ is. That definition is legally binding and cannot be altered by special authorisation granted by the Secretary of State for Transport.
To be a CPZ all roads must be provided with parking places or be marked with road markings to 1017, 1018.1. 1019 or 1020.1 (single yellow lines, double yellow lines, single kerb markings or double kerb markings).
There simply cannot be uncontrolled lengths of road.
Problems arise when areas of road within the intended CPZ are left uncontrolled, they are marked with diagrams not permitted within the Regulation or, the markings are not as prescribed in law.
Additionally, Whilst bus stops are permitted, they can only be a bus stop when accompanied by the relevant upright plate unless the time on the plate reflects the time on the entry plate of the CPZ.
How many defects does it require for a CPZ to fall? That is a matter currently being taken to the High Court but the legislation is precise and in conformity with the legislation the answer is: None.
Quite simply, all roads must be marked and all entry points signed, when they are not, there is no CPZ meeting the requirements of the legislation.
So, with a defective CPZ the controls within it fall back to the wording of the Traffic Regulation Order and each road marking will stand on its own and be reliant upon its own individual time plate. In the absence of plates at the entry to a zone (notionally or actually) or at the point of marking the restriction will become unlawful or unenforceable.
Finally, if the Traffic Regulation Order has been created as a Controlled Parking Zone Order, and there is no CPZ, then regardless of the markings, it is our understanding the Order falls and there is nothing to fall back upon.
As requested, I hope this (very) abridged version of the legislation clarifies points subject to some criticism.
APPEAL AND COMPLAIN
It is relatively easy to set out the wording of a challenge to a parking fine, I provide an example of wording you may wish to use as a framework for any action you may wish to take:
