Let’s be clear, this is not about whether there should or should not be yellow lines on Commercial Road, Porthleven. This issue is about the a lawful process of placing parking restriction and a proper consultation via a Traffic Regulation Order. Here is the previous blog HERE
This would have given the public and official bodies such as Highways the ability of discussing the merits and disadvantages of placing lines along this stretch of road. From this, if there was a requirement of placing parking restrictions along this stretch of road, it would have been done legally and with the proper process and then enforceable.
No-matter who you are, you have to follow the law and people do not have the right to just paint yellow lines wherever they think they can. We have rules for a reason.
In discussing this issue with Highways and Cornwall Council’s legal department and because there has been a clear breach of the law, Cornwall Council is taking action against the Harbour and Dock Company. This is something I welcome.
Cornwall Council has written to Harbour and Dock clearly pointing out the legal breach under Section 132 of the Highways Act 1980. It has given Harbour and Dock two options.
The first is make a formal application for a TRO to regulate, if appropriate, the yellow lines currently in place. This application will ensure that all the relevant aspects of traffic management are considered and provide the opportunity for the public to make representations. The Harbour and Dock Company has one month to comply and submit an application.
The second option is if the Harbour and Dock fails to submit an application for a TRO, then the Highways Authority will remove the unauthorised lines and recover the costs of doing so from Harbour and Dock.
I believe this is a sensible way forward and one that I very much welcome. This could all have been avoided if the proper process was followed…
It should be noted that placing parking restrictions on a stretch of highways doesn’t necessarily stop parking for a couple of reasons.
Those with Blue Badges can park on double yellow lines for up to three hours (so you just replace parked cars with another type of parked car). If you ‘double clip’ a yellow line which means no parking at any time, you do stop parking, but you also stop any delivery vehicle stopping to unload/load as it is an offence and will result in an instant parking ticket. To overcome this, you then need a loading bay. As you can see, placing parking restrictions without proper thought, just causes more problems.