Sitting in car

lost_2

Oh no!:eek: It appears it is not the same for vehicles outside of London, Parking contraventions outside Greater London

4(1)Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

It then just goes onto list the offences.:(

mustrum_ridcully

lost wrote: »

Right, i have done a bit of digging, and i believe i have found my answer and it is NO, i (or anyone else for that matter) cannot be issued a ticket if someone remains in the vehicle. I get my authority from Schedule 7 of the Traffic Management Act 2004 which states:
<SNIP>

This doesn't apply to all incidents, however after checking The Traffic Regulation Act 1984 (which is referred to above) it applies to the vast majority of them (certainly most of the parking you or i will do) So the trick is to always leave someone in the car when parking for a short time in a designated 'parking place'.

I will assume this also applies to vehicles outside of Greater London but i did not check.

Some potentially issues with what you've written...

Firstly what do they mean by left? Doesn't matter what you think.

Secondly you've ignored the section headed "Other parking contraventions in Greater London" which states "In Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed." followed by a whole list of parking offences.

Thirdly and more importantly, that law can only apply to London as they are specific laws relating to London, the rest of the UK has:

Parking contraventions outside Greater LondonE+W

4(1)Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.E+W

(2)The offences are—

(a)an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;

(b)an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles;

(c)an offence under section 25(5) of the Road Traffic Regulation Act 1984 of contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400) (prohibition on stopping vehicles on or near pedestrian crossings);

(d)an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road Traffic Regulation Act 1984 (offences in connection with parking places);

(e)an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

(f)an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving a vehicle on any land in contravention of a prohibition under that section (prohibitions relating to verges and certain other land adjoining or accessible from highway);

(g)an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);

(h)an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

(i)an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in—

(i)regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or

(ii)regulation 29(1) of those regulations (bus stop or bus stand markings).

lost_2

Mostrum, please see above for matters regarding outside London.

Just to clarify, this relates to normal parking bays only such as resident bays and pay and display bays. It does not apply to provisions relating to loading or unloading, any area which prohibits waiting, offences relating to cycle tracks, parking on verges, central reservations or footways, zigzag lines relating to certain crossings, zebra, pelican and puffin pedestrian crossings etc.

As for 'left' i certainly don't believe the 'law' would find a vehicle to be left if a person was still inside it.

Orford

lost wrote: »

As for 'left' i certainly don't believe the 'law' would find a vehicle to be left if a person was still inside it.

Well, I do, but to quote yourself:

lost wrote: »

Lol, why dont you try it and let us know what happens?!:D

lost_2

Orford wrote: »

Where does it say the vehicle must be unattended (or attended for that matter), it merely says 'left' ie parked.

No council will cancel a ticket for that reason alone and I very much doubt an adjudicator would either.

It clearly identifies parked and left as two separate things:

2(1)In Greater London there is a parking contravention in relation to a vehicle if the vehicle is stationary in a parking place and

(a)the vehicle has been left—

A council cannot supersede the law it can only (try) to enforce it. Thus if the law says it is not an offence then it is not, no council or adjudicator can say otherwise.

davetrousers

I thought that the 'sitting in the car' bit was to do with clamping, ie you can't be clamped if you're in the vehicle.

peter_the_piper

davetrousers wrote: »

I thought that the 'sitting in the car' bit was to do with clamping, ie you can't be clamped if you're in the vehicle.

I think you are confusing clamping with towing. they can clamp all 4 wheels if you are in the car but it's illegal to tow with you in it. This is why its often recommended that you stay in the car to frustrate a tow.

lost_2

Orford wrote: »

Well, I do, but to quote yourself:

lol , i probably will next time!

The law has not defined the word 'left', therefore, if it has not seen fit to do so it is because the word 'left' in law means the same as the word 'left' in its normal interpretation - the 'common man's' interpretation so to speak.

Neil_B

lost wrote: »

As for 'left' i certainly don't believe the 'law' would find a vehicle to be left if a person was still inside it.

It does, Orford is correct.
You are interpreting for your own aims.

It is 'left' as in 'allowed to remain' - left as in 'undisturbed' if you like.

Your initial idea of being in a vehicle being a defence is nonsense and misleading to other readers.
If a vehicle is in contravention it will receive a PCN in most circumstances.

Orford

You would be far better using boarding/alighting exemption

For the exact wording of the boarding and alighting exemption you will need to see the Traffic Management Order for that road. The TMO can be viewed at the council offices if you phone in advance and arrange to see it.

Usually the exemption is worded similar to this

general exemption from prohibitions and restrictions

Nothing in Articles 82, 83, 84, 90, 91, 97, 101 and 102 shall render it unlawful to cause or
permit a vehicle to wait in a restricted road or parking place, for so long as may be necessary
to enable
a) a person to board or alight from the vehicle or to load thereon or to unload therefrom personal luggage;