Parking in Cycle Lane

dannyrst

There aren't enough spaces at work for all cars to park, so when all spaces are full, people routinely park along a main road with a broken line cycle lane. There are double yellow lines on the road up to a bus stop, then nothing after that. The road isn't a clearway. There are no times for the cylce lane, just a sign with a bike on it.


Apparently, the police have advised the employer that parking on the road is illegal, although haven't taken any action against "illegal" parkers yet.


Is there anyone who can confirm whether parking on a street as described above is actually illegal? I believe it not to be because people used to park further up the road and double yellow lines were put down, nobody was ever fined. Also, the HC suggests a broken line means you shouldn't park on it, but doesn't say "MUST NOT".


Cheers.

Warwick_Hunt

dannyrst wrote: »

There aren't enough spaces at work for all cars to park, so when all spaces are full, people routinely park along a main road with a broken line cycle lane. There are double yellow lines on the road up to a bus stop, then nothing after that. The road isn't a clearway. There are no times for the cylce lane, just a sign with a bike on it.


Apparently, the police have advised the employer that parking on the road is illegal, although haven't taken any action against "illegal" parkers yet.


Is there anyone who can confirm whether parking on a street as described above is actually illegal? I believe it not to be because people used to park further up the road and double yellow lines were put down, nobody was ever fined. Also, the HC suggests a broken line means you shouldn't park on it, but doesn't say "MUST NOT".


Cheers.

Take it to court if you get a ticket and you believe it to be wrong. All you’ll need to cast doubt on is the obstruction wasn’t unnecessary.

~Beanie~

Rule 140 of the Highway Code clearly states: Cycle lanes. These are shown by road markings and signs. You MUST NOT drive or park in a cycle lane marked by a solid white line during its times of operation. Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable. You MUST NOT park in any cycle lane whilst waiting restrictions apply.
Put simply, the rules apply depending on whether the cycle lane has a solid or broken white line running down its right side, and whether any signage is in place.
A solid white line indicates a mandatory cycle lane which motorists cannot drive or park in. A broken white line is an advisory marking telling motorists they should not drive or park in cycle lanes unless absolutely necessary.

Suppose it depends what they class as absolutely necessary...

dannyrst

Warwick_Hunt wrote: »

Take it to court if you get a ticket and you believe it to be wrong. All you’ll need to cast doubt on is the obstruction wasn’t unnecessary.

If someone can confirm that it isn't actually illegal to park there, then I'd gladdly go to court...assuming the Police aren't just attempting intimidation by suggesting it is illegal when infact it isn't and have no intentions of ticketing people.

~Beanie~ wrote: »

Suppose it depends what they class as absolutely necessary...

But does it even matter? That's just the HC, it isn't a law. If there is a law on the back of that, then that would be helpful to know. I believe the only law applicable would be to an actual cycle lane with a solid line.

Car_54

~Beanie~ wrote: »

Suppose it depends what they class as absolutely necessary...

But the HC doesn't say "absolutely necessary" - the term used is "unavoidable".

Although the HC isn't law, a breach can be used in evidence. In this case the likely charge is obstruction ("No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road." [C & U Regs 1986 section 103]), which is very easy to prove.

Aylesbury_Duck

Given that the police are clearly aware of the potential problem and that in your colleagues' situation, it isn't "unavoidable" that they park there, I would find somewhere else to park.

With the potential ambiguity over legalities, I wouldn't want to waste my time and concern letting it get to court to prove a point. Seems like an avoidable battle to me.

Aretnap

In the absence of yellow lines, or a solid line on the cycleway, there is not a specific prohibition on parking there. However it doesn't follow that parking there is legal.

There is also a general prohibition on obstructing the highway. IIRC case law has found that your rights on the highway consist solely of the right to use it to get from A to B - you have no right at all to use the highway to store your vehicle once you arrive at B. And that all parking creates an obstruction, so if you were charged with causing an obstruction the only question for the court to consider would be whether it was a trivial obstruction, which ought to be ignored under the de minimis pronciple, of a significant obstruction which might actually inconvenience someone?

Will parking in a cycle lane inconvenience someone? Probably. If so, parking there is illegal. If you went to court and argued that the obstuction was necessary and/or insignificant then the magisttrates might agree with you - or they might not.

In other words, it depends. Nobody on here is going to be able to give you a definitive answer on what your local court would decide in this particular case.

Manxman_in_exile

Are you parked on the cycle lane or the double yellows?

Car_54

Aretnap wrote: »

Will parking in a cycle lane inconvenience someone? Probably. If so, parking there is illegal.

Really? I quoted the relevant law in post #5. There is no mention of inconvenience. The only question to be decided is whether the obstruction was necessary.

peter_the_piper

Does it matter if the cycle lane is with solid or broken lines on the outside? There;s one in bexhill which has broken lines and the public park over it.

https://www.google.co.uk/maps/place/Cooden+Dr,+Bexhill-on-Sea+TN39+3AH/@50.8361005,0.4427779,60m/data=!3m1!1e3!4m5!3m4!1s0x47df0df1bafe9167:0xdb53f4821a018db6!8m2!3d50.8364291!4d0.4447936?dcr=0

DoaM

Car_54 wrote: »

The only question to be decided is whether the obstruction was necessary.

Define "necessary".

Police: Was it necessary?
Driver: Yes, so I could get to work.

Is that necessary? Maybe not ... but what's the definition?