are these smartcar CCTV wardens allowed to park on double yellow to gather "evidence"

deanos

maybe not but they are saying in the article they are allowed to park on double yellows if enforcing parking, so the smart car must be able to do the same

Inch_High_2

deanos wrote: »

maybe not but they are saying in the article they are allowed to park on double yellows if enforcing parking, so the smart car must be able to do the same

It will be down to each local council as they have their own enforcement policies.

topdaddy_2

Google it. Loads of councils are allowing it as the cars are revenue sources. Funny that.

Joe_Horner

deanos wrote: »

maybe not but they are saying in the article they are allowed to park on double yellows if enforcing parking, so the smart car must be able to do the same

No, the key part is "when there is no other suitable parking".

In the examples that the Lincoln spokesperson gave, for example, someone repairing a streetlight can't reasonably park 400 yards away because they're likely to need the vehicle or tools on it for what they're doing. Similar applies to road repairs or to the emergency services attenting an incident - it's hardly reasonable to require an ambulance to park half a mile from a casualty.

In the case of parking enforcement, on the other hand, it's generally entirely reasonable for them to park in the nearest car park and then go on foot carrying their big, heavy, book of tickets. There may be some areas where that doesn't hold true but, in the photograph that went with the article, there was quite clearly a space, off the road, available in front of the car in the background. So, other reasonable parking was available.

Of course, actually getting them to court to challenge their bending of the rules would be virtually impossible seeing as they're the ones expected to start court cases - starting a private prosecution just to make the point would be a little extreme!

Inch_High_2

Joe_Horner wrote: »

No, the key part is "when there is no other suitable parking".

In the examples that the Lincoln spokesperson gave, for example, someone repairing a streetlight can't reasonably park 400 yards away because they're likely to need the vehicle or tools on it for what they're doing. Similar applies to road repairs or to the emergency services attenting an incident - it's hardly reasonable to require an ambulance to park half a mile from a casualty.

In the case of parking enforcement, on the other hand, it's generally entirely reasonable for them to park in the nearest car park and then go on foot carrying their big, heavy, book of tickets. There may be some areas where that doesn't hold true but, in the photograph that went with the article, there was quite clearly a space, off the road, available in front of the car in the background. So, other reasonable parking was available.

Of course, actually getting them to court to challenge their bending of the rules would be virtually impossible seeing as they're the ones expected to start court cases - starting a private prosecution just to make the point would be a little extreme!

How would you get a private prosecution home if they write the enforcement policy and exempt themselves?

Joe_Horner

Inch_High wrote: »

How would you get a private prosecution home if they write the enforcement policy and exempt themselves?

Because the matter of parking on double yellows and any exemptions allowed is nothing to do with their enforcement policy, it's a matter of law contained in the relevant Acts of Parliament. Councils have no power to vary or over-ride those Acts any more than they have the power to make burglary legal in their town.

sinbad182

Why don't you get to it then joe, set a precedent?

I think you owe it to yourself given how much this complete non event seems to wind you up.

Joe_Horner

Joe_Horner wrote: »

[...] - starting a private prosecution just to make the point would be a little extreme!

sinbad182 wrote: »

Why don't you get to it then joe, set a precedent?

I think you owe it to yourself given how much this complete non event seems to wind you up.

You obviously didn't actually read to the end, did you? There's a huge difference between simply stating the situation and "getting wound up" about it

pogofish

topdaddy wrote: »

They are allowed.
Crazy.

Rubbish..."

They need to have the appropriate wayleave from the roads dept of local council concerned in order to operate off double yellows or other restrictions - Don't let the police style uniforms and markings on the vehicle fool you, they are civilian employees and subject to the same regs as the rest of us, unless specific authorisation is granted. Otherwise, only proper Police officers can issue tickets in this situation.

Which is what happened here a couple of years back - Someone challenged them, found the traffic partnership had neglected to even apply for authorisation and as a result, they had to refund substantially over a million quid to people ticketed.

TrickyWicky

Joe_Horner wrote: »

Really? I don't see any exception in the Road Traffic Regulation Act or the Traffic Signs Regulations and General Directions for them, nor any provision for such an exception to be made.

There doesn't need to be any exceptions. The local authority that is responsible for enforcement can use discretion for any vehicle that isn't in the RTA.

No legally they have no right to stop on the yellows. Unofficially parking enforcement staff can if they need, have a colleague wait with a vehicle (eg for personal safety etc). It is discouraged but in dodgy areas etc it can be done and the authority will allow it.

Before anyone bothers trying to tell me I'm wrong, I was a CEO myself.

Likewise, emergency services, utility companies and even non utility companies can stop on DYL. BT for example can stop on DYL as they run the nations communication infrastructure. BT Openworld however do not yet they also are allowed to stop on DYL because most councils don't understand the difference - they just see the BT sign and decide to leave them alone.