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Page 99
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Clearways
BY LES OLDRIDGE, A.I.R.T.E, A.M.I.M.I,
THE USE of clearways is controlled by the Various Trunk Roads fProhibition of Waiting) {Clearways) Order 1963, The Order prohibits, except upon the direction or with the permission of a police officer in uniform, any person to cause or permit any vehicle to wait on any of the carriageways forming part of trunk roads specified in Schedule 1 of the Order.
Several pages of roads appear in the Order as being subject to this prohibition.
As is so often the case with traffic laws there are several exceptions to the Order. Vehicles being used in connection with any building operation or demolition; with the removal of any obstruction or potential obstruction to traffic; the maintenance, improvement or reconstruction of the road; the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus, in, on, under or over that road, are exempt.
Fire brigade, ambulance and police vehicles and those used for delivering or collecting Post Office packets are also not subject to the Order. Vehicles used by the local authority may stop on the clearway for collecting household refuse or cleaning cesspools from premises adjacent to the road. If it is necessary to open or close any gate or barrier at the entrance to premises from which the vehicle has emerged or is entering the vehicle may wait while this is being done.
Vehicles may also stop if the driver is required by law so to do, if it is necessary to avoid an accident or if the driver is prevented from proceeding by circumstances outside his control and it is not reasonably practicable for him to drive or move the vehicle to a place not on the main carriageway.
It should be noted that there is no exception for loading or unloading goods. A broken down vehicle and a recovery lorry are clearly covered by the exceptions, the former by the proviso -circumstances outside the driver's control" and the latter by the phrase "removal of any obstruction".
It is an offence to allow any vehicle to stand on any verge or lay-by beside a clearway for the purpose of selling goods from the vehicle unless the goods are delivered immediately to premises adjacent to the vehicle from which the sale was effected.
There is a maximum penalty of £20 for any infringement of the Order.