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ERIam = NT, by Les Oldridge Al RTE, AM I

12th July 1968, Page 64
12th July 1968
Page 64
Page 64, 12th July 1968 — ERIam = NT, by Les Oldridge Al RTE, AM I
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Which of the following most accurately describes the problem?

Stationary motor vehicles (2)

LAST WEEK I was talking about "No Waiting" signs and gave some examples. This week I continue to deal with the problem of parking in urban areas.

It has been held that road includes the footpath Bryant v Marx (1932) 147 L.T. 499 and a grass verge Worth v Brooks (1959) Crim L.R. 855 so vehicles parked on either could cause unnecessary obstruction on a "road".

Ellis v Smith (1962) 3 ALL E.R. 954 is a case of interest to P.S.V. operators. In this case a bus stood at a bus stop long enough to cause unnecessary obstruction because a relief driver was late in arriving. It was held that the driver going off duty was in charge of the bus until he handed it over to the relief driver and therefore he, though not• necessarily he alone, caused the obstruction.

Where a taxi driver, despite a constable's request to the contrary, started to make a U-turn in Oxford Street, London, and brought traffic to a halt for nearly a minute, there was evidence upon which an obstruction could be found as a fact and the conviction stood despite the driver's plea that his conduct had not been unreasonable. Wall v Williams (1966) Crim LR 50.

Generally it pays to obey any reasonable request of a police officer. This is well illustrated in the case of Gelberg v Miller (1961) I ALL E.R. 291. Here the defendant refused a constable's request to move a vehicle which was obstructing the highway and removed the rotor arm to prevent the car being moved. This was held to be obstructing a police officer in the execution of his duty under Section 51 of the Police Act 1964.

Regulation 95 of the Construction and Use Regulations requires that when a vehicle is left on a road without the holder of a driving licence in attendance the handbrake must be set and the engine stopped. It is not necessary for the actual driver to be present, for example, if a lorry driver's mate, who is the holder of a licence to drive, is on a lorry while the driver is making a call, this regulation would be complied with even if the brake was not applied and the engine was still running. It is interesting to note that this regulation requires the licence holder to be in attendance. One wonders if this means actually on the vehicle; it could be that the requirement that the vehicle is "attended by a person duly licensed to drive it" would be covered if such

a person was standing beside it. There a pears to be no case law on this aspect of t regulation which would clarify it. This regul tion does not apply to fire engines wh fighting fires or vehicles propelled by produc gas.

While dealing with stationary vehicles may be well to consider Regulation 94 of t C and U Regulations which deals with parki by night. It makes it an offence, except wi the permission of a police officer in unifor to park on a road during the hours of darkne otherwise than with the left or nearside of t vehicle as close as may be to the edge of t carriageway, To put it another way, the ye icle must be parked on its correct side of t road as close as possible to the kerb. T regulation does not apply in a one-way stre to vehicles being used by the emergen services to taxis or p.s.vs on special Stan to vehicles on part of a road specially s aside for parking or to motor vehicles used connection with building operations or d molition, repair of any vehicle, the removal any obstruction to traffic, the repair of t road or the laying, erection, alteration _repair of any sewer, of any main, pipe apparatus for supplying gas, water or elect city, or telephone or telegraph wires if co pliance with the Regulation would hinder t work.

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Locations: London

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