What is a 'Clearway'?

  jack 20:42 07 Jun 2010
Locked

Our local hospital like most others has a parking problem- both with spaces and cost.
So visitors have taken to parking on the road offsite, which is a B road- but busy.
There is a 40MPH sign and a bus stop, but no other paint or sign to indicate its status.
Parkers have been collecting tickets at £70 a pop- a nice earner for the council- but are they legit?
Who knows their roads and marking and the like?

Here are some pix I took this after noon.
Fortunately for me I can walk in- or bus if I have to.


[IMG]click here[/IMG]

  Quickbeam 21:04 07 Jun 2010

The definition of parking and causing an obstruction isn't easy to define click here

If a road is signed as a clearway, you must keep it clear. But booking parked cars by reason of causing an obstruction is a very moot point. Theoretically you can can book any parked car is you can say it is, or could cause an obstruction.

  ella33 21:09 07 Jun 2010

I cannot see a sign but the law is not to cause any obstruction, so even though it is a B road there is quite a busy roundabout and a slight bend in the road. it doesn't look right somehow. however, I do feel for people who are penalised because they need to visit the hospital. There used to be a system where you could get a special ticket stamped by the hospital. It is quite expensive to park at our hospital, I take the bus.

  ella33 21:11 07 Jun 2010

Didn't see Quckbeam before I posted but I guess we were coming from the same place.

  Quickbeam 21:20 07 Jun 2010

click here and scrole to rule 109. I think fourm member is on the right track, but it's not perfectly clear.

  peter99co 21:41 07 Jun 2010

I was always led to believe that obstruction is when two vehicles are unable to pass each other on the road without waiting for each other to clear.

  the hick 22:10 07 Jun 2010

The tickets issued should state what section of the Road Traffic Act has been violated. I would think, if its not a clearway with correct signage, and there are no yellow lines or other signage to state waiting is restricted or not permitted, then the tickets are not 'legal'. Obstruction of a highway is somewhat subjective, and I don't believe a straightforward 'ticket' can be issued for this. I reckon, they should have parked on the verge, probably get away with it then!

  Covergirl 22:27 07 Jun 2010

Wiki says : In the United Kingdom, a clearway is a road or section of road on which it is illegal to stop for any reason other than a breakdown or an obstruction to the road such as stationary traffic . . . in order to facilitate a free flow of traffic.

We have (at least) one such section round here - the entrance to a large factory - the road to which leads (virtually) nowhere else but is designated as a clearway. It is a wide road, only single carriageway, but not really suitable for overtaking.

Hatched central areas - the key is the broken line - you can enter if safe to do so. Solid lines should not be crossed except in an emergency.

Clearways should be well signed. Did YOU get a ticket Jack? Council tickets are generally £25 or double if you don't pay within 14 days. £70 sounds to me like a private parking company and there's loads of help on how to deal with these elsewhere on the web, eg Martin Lewis. click here and check a few of the links. PCN is a major clue : Some private companies try and make their tickets look as much like official ones as possible, calling them PCNs (the term used by councils) or using chequered lines. Yet if it doesn't state the council or police force's name and doesn't say it's issued under an act of parliament, it's a private ticket. Read up on this section.

  spuds 23:30 07 Jun 2010

There is a case due to be heard very soon in the high court about lines and signs plus enforcement. If the defendant wins the case, then many council's will have an headache, because many previous and future cases will be overturned by this courts ruling.

At once upon a time, it was a case of clearly marked lines and correctly displayed signs, except in the case of obstruction. Clearly marked lines were required to be 'continued' and not broken (if a road gang repaired the road and removed part of the line, then this would have been an appeal with a good chance of winning the appeal), the same would apply to defaced signs, providing there was not a 'clear sign' within the marked zone.

Lines and signs regulations do not stop at the kerbside, but can continue upto 'building lines' (ie across a grass verge or pavement). The same can apply to parking near road junctions, and the old 30 foot (10 metre) rule might be a factor for issuing a ticket, or even getting the vehicle removed, this also applied for obstructions.

If the area is clearly marked as a clearway, then that rule would apply as to the time limits provided. The above court ruling may change this, if the defendant is successful, especially if there are no line markings, showing start and finish!.

Personally, I would check the ticket that was issued, and what offence was stated, then go from there. Take photographs before removing the vehicle, because the 'enforcement officer' may have photographic evidence (but not necessarily of the exact spot the incident took place). They could also have evidence using the vehicles location by using the 'clock rule'.

  D@ve 00:04 08 Jun 2010

There was a private company handing out parking tickets in the car park where I work, and they had no right to do it. Unfortanutely, most people would have probably paid them even though they were unenforcable

  jack 07:27 08 Jun 2010

To cover some points
I didn't get a ticket as stated I live within walking distance and returned on foot to take the pix.
I think the local press is getting in on the act now - so some of the comments raised here may be useful.

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