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THE last article in this series, I dealt with the
Page 103
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Conuction and Use Regulations offences of obstruction, nited Waiting and No Waiting Orders and with the arictions on loading and unloading, all being part of m 3.2 of Part A of the Royal Society of Arts syllabus • the Certificate of Professional Competence, entitled rking, Waiting, Loadingarid Un—laading.
There are several other subjects in this section of the Ilabus with which I will now deal.
The Various Trunk Roads (Prohibition of Waiting) (Clearkys) Order 1963, prohibits vehicles from waiting on trunk roads acified in a Schedule to the Order, except with the permission of a lice constable in uniform. The circular Highway Code Clearway n is displayed on roads to which the prohibition applies. The Order does not apply to.
(a) the following essential uses of vehicles; that is, waiting in inection with (i) building operations, demolition, removal of any obstruction, id repairs or other works in, on, under or over the road, if the use the carriageway is necessary; (ii) fire brigade, ambulance or ice purposes, (iii) delivery or collection of postal packets; (iv) lecting refuse or clearing cesspools by a local authority; (b) necessary stopping, ie (i) to wait outside premises while a gate or barrier is being opened as to permit access, or being closed after leaving the premises; (ii) pping as requred by law, or to avoid an accident, or for reason fond the control of the driver (eg a breakdown), if it is not sonably practicable to move the vehicle off the carriageway.
Lay-bys, marked with white or yellow dotted lines and with the rd "Lay-by" painted on the surface may be used for waiting on arways. Goods must not be sold,from vehicles in lay-bys unless goods are immediately delivered at or taken into premises acent to the vehicle from which the sale was effected.
Overtaking at and parking on pedestrian crossings are dealt with the "Zebra" Pedestrian Crossing Regulations 1971. 3ulation 9 makes it an offence to stop a vehicle within the limits a pedestrian crossing unless the driver is prevented from iceeding by circumstances beyond his control, or it is necessary him to stop to prevent an accident.
Regulation 10 states that when any part of a vehicle enters the moiled area of a pedestrian crossing, the driver of that vehicle st not pass ahead of any stationary vehicle which as been halted allow pedestrians precedence at the crossing. If there is more n one vehicle in the controlled area the vehicle which must not be irtaken is the one nearest the actual crossing.
If on a crossing in a one-way street where there is a central ervation or refuge, the parts of the crossing on either side are iarate crossings, and where a vehicle stops on one side of the ervation to give precedence to a pedestrian on that side, julation 10 does not prohibit a vehicle travelling along the other 3 from passing ahead of it.
In 1960 a fixed penalty system was introduced for minor traffic ?laces so that offenders could pay fines without the formality of a irt hearing. Under the system a "ticket" is given to the driver ofa iicle alleged to have committed an offence, or in the driver's ience a ticket is left on the offending vehicle by a police constable raffic warden. If the penalty specified in the ticket (E.6 or half the ximum fine for the particular offence, whichever is the less) is not
d within 21 days of the offence then the offender may be secuted in the ordinary way. The £6 is paid to a magistrate s specified in the "ticket". The fixed penalty system can only be used for the following offences
(i) vehicles left on a road during the hours of darkness without -obligatory" lights or reflectors; (ii) vehicle obstructing a road, or waiting or being left parked, or being loaded or unloaded on a road;
(iii) the non-payment of a charge made at a street parking place; (iv) failing to exhibit a vehicle excise licence; (v) contravention of any Traffic Regulation Order prescribing routes to be followed, or roads to be used, or prohibiting turns.; (vi) contravention of a C and U Regulation specified in an Order by the Secretary of State.
In 1972, two-and-a-half million fixed penalty notices were issued in England and Wales, but payment was only made in 64 per cent of these cases. Sections one to five of the Road Traffic Act 1974 is aimed at remedying this situation.
The Act provides for the registered owner of the vehicle, in addition to the driver, to be liable for offences listed above from (i) to (iv) but not for obstruction in (ii). It lays down that where the fixed penalty system has been used, providing certain formalities are complied with, that it shall be conclusively presumed (notwithstanding that the owner of the vehicle is a company or a firm) that the owner was the driver of the vehicle and responsible for any offences commited.
In order to bring the 1974 Act's provisions into effect, the police must serve a notice on the apparent owner of the vehicle with which the alleged offence has been committed, requiring him, if the fixed penalty is not paid, to furnish the police with a statement of ownership and a statement giving the name and address of the driver of the vehicle at the material time. Failing to make a statement of ownership carries a maximum penalty of a £100 fine, while making a false statement is considered to be an even more serious offence carrying a £400 maximum penalty.
Vehicle hire firms are specially catered for in the Act, as it would be unfair for them to have to pay fines for offences committed by their customers. Section 3 of the Act provides that if a notice is served on a vehicle hire firm in respect of an offence committed by one of its vehicles, it will be sufficient for the company to declare, on the appropriate form, that the vehicle was on hire. It must attach to this form, a copy of the hiring agreement with a statement signed by the hirer acknowledging his responsibility for any fixed penalty charge. Where a vehicle hire firm has furnished copies in the manner outlined above, then it must produce the originals at any reasonable time within six months of the service of the first notice on them by the police.