Parking, loading and unloading, 2
Page 55
If you've noticed an error in this article please click here to report it so we can fix it.
IMITED WAITING and No Waitng orders made by local uthorities under powers given o them by the Road Traffic Regulation Act 1967 usually conam n exemptions for the loading and unloading of vehicles and obviously these exemptions are of great importance to commercial vehicle operators.
There have been a number of cases, concerned with what exactly is meant by the term "loading and unloading" and the following is a representative sample.
Funnel v Johnson 1962 Crim LA 488. In this case the defendant was questioned by the police in premises outside which his vehicle was parked. He said, "I was checking some goods." It was held that it was for the defendant to establish that the waiting was for a legitimate purpose and for no longer than was necessary. It was further held that checking is included in loading and unloading and the defendant's acquittal was upheld.
Macleod v Woilkowska 1963 Crim LA 118. In this case the acquittal of the accused, who was in premises for about 12 minutes waiting for a parcel to be made up, was upheld. It was held that "unloading" includes taking goods into premises and putting them in some part thereof and "loading" includes taking goods from some part of the premises and out into the vehicle.
Sprake v Tester 1955 Crim LA 509. In this case it was held that placing a one-foot cube parcel containing champagne glasses in a motor car from an adjacent shop was not loading within the meaning of the regulation.
Holder v Walker 1964 Crim LA 61. A driver merely asking customers if they had any goods for loading and none being loaded was held not to be loading within the meaning of the section.
Hunter v Hammond 7964 Crim LA 145. In this case it was held that it was no defence to a charge of waiting for longer than the permitted period that the defendant was delayed through having to dry his coat after coffee had been spilt on it.
The Heavy Commercial Vehicles (Controls and Regulations) Act 1973 added Section 36A to the Road Traffic Act 1972. This new section makes it an offence, punishable with a maximum fine of £100, to park a heavy commercial vehicle (that is exceeding three tons unladen weight) on the verge of a road, on any land between two carriageways and on any footpath. Such parking is permitted if permission has been given by a police constable in uniform, in an emergency, or if the vehicle is parked on a verge or footpath for the purpose of loading or unloading and this could not be satisfactorily performed in any other way and provided the vehicle is not left unattended during the whole of the time it is parked.
The driver of a vehicle must not stop within the limits of a pedestrian crossing unless this is due to circumstances beyond his control or to avoid an accident. He must not stop in the controlled area of a pedestrian crossing, that is the portion marked by zigzag lines.
There are exemptions to this latter rule —stopping necessary for the purpose of a hire brigade, ambulance, police, building operations or essential services; stopping to make a left or right turn; a public service vehicle, not on an excursions or tour stopping after passing the crossing to allow passengers to board or alight from the vehicle. He must, of course, stop to allow a pedestrian to use the crossing.
There are special rules for parking at night. Introduced to make driving safer in the war time "black out" but now incorporated in the C and U Regulations is the rule which requires motor vehicles to be parked on the nearside of the road during the hours of darkness.
Exceptions: parking with permission of police officer in uniform; on a road set aside as a parking place or taxi stand; psv waiting place; in one-way streets; vehicles used for building work, demolition, repair to another vehicle; removal of traffic obstruction; road maintenance or repair or for work in connection with gas, water, electricity or phone services or electric transport undertaking (C and U Regulation 123).
The Road Vehicles (Standir Vehicles) (Exemption) (GenerE Regulations 1975 alloys vehicles of not more than 30m unladen weight, or not built carry more than seven passen ers excluding the driver, to pa without lights on roads to whit a speed limit of not more thE 30mph applies.
A vehicle taking advantage this concession must not I parked nearer than 15 yart from a road junction and, unle. the road concerned is a one-vi street, it must be parked on 0 nearside of the road.
These regulations do not a ply to any vehicle which has overhanging load to which adc tional lighting is required by la or to which a trailer is attached.
The Removal and Disposal Vehicles Regulations 1968 givi police the power to require ti owner, driver or other person charge of any vehicle which h; broken down or which has be permitted to remain at rest on road so that obstruction danger is caused or which committing an offence of tl type described in this and Ti preceding article, to move it ar failure to do so is an offence.
The police may also remoi such vehicles and charge f doing so. The charges are as ft lows: (a) From a motorway — £30 (b) In London — £29 (o) Elsewhere — £27.
There is also a statutoi charge of £2 a day for storir vehicles.
The Refuse Disposal (Arne ity) Act 1978 empowers loc authorities to remove an dispose of abandoned mot' vehicles or parts of vehicles ar trailers. After going through C£ tam n formalities to find the own of an abandoned vehicle and n tifying him where the vehicle stored, if it is not then claimE the local authority may dispol of it.