PARKING
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QI hope you may be able to answer a query I have about regulations as they apply to parking. My interest stems from a recent case in which a friend was charged with parking in a layby and causing unnecessary obstruction to other motorists.
There were no restrictions posted at the layby and fortunately the charges were dropped. However, I know of three other drivers who have been fined 112 for the same "offence", even though they were merely stopping to conform with the rest requirement in the drivers' hours rules.
I wonder whether this is a widespread problem for drivers. If a layby cannot be used without penalty by truck drivers, where does the driver park? How can that driver hope to conform to drivers' hours rules? PAH, Stroud AThere are four sections of the Road Traffic Regulation Act 1984 under which a fixed penalty notice (FPN) for parking infringements can be issued: (35(4)), (47(1)), (53(5)) and (53(6)). FPNs can also be issued for obstructing a highway under Section 137 of the same Act.
It is difficult to understand why FPNs were issued unless your friends were parked in such a manner as to obstruct the safe passage of other users of the layby, or were obstructing a designated PSV stopping place or an access.
If there were no posted restrictions at the laybys and no width restrictions, then the drivers should not have paid the FPNs but should have gone to court to argue the case. One driver was recently issued with an FPN for obstruction in a layby. On investigation it was discovered that the layby was only 13.5 metres long — and his vehicle was a full 15.5 metres. It always helps to use your common sense.