Action to be taken against yellow lines on Commercial Road, Porthleven

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.

 

The legality of the Yellow Lines on Commercial Rd, Porthleven

The recent changes and the introduction of Yellow Lines to Commercial Rd, Porthleven are leaving residents and visitors confused and annoyed. Therefore, I want to clarify the legality of those lines.

In simple terms, the Yellow Lines on Commercial Rd are not legal, and have no legal standing and no enforcement can take place by official Civil Enforcement Officers, the Police, or anyone else.

To make Yellow Line legal, a Traffic Regulation Order (TRO) has to be undertaken. This is subject to a full public consultation, and only after that, and the work has been deemed necessary, a TRO can be made law and enforceable.

Commercial Rd is a private road, but under Highways legislation, it has full public access both pedestrian and vehicular. Therefore, the owner of the said land cannot just do anything and any changes like adding Yellow Lines have to follow legislation.

Harbour and Dock have been advised by myself and Cornwall Council of the correct procedures; with the latter saying no such work should take place until the proper processes have been undertaken. In fact, Highways wrote to the Harbour and Dock asking for all work to stop until this matter had been resolved legally. The Harbour and Dock ignored this advice.

I have been speaking to Highways on this matter for several weeks and only last Friday, they still were not happy with the work that has been undertaken. If the Harbour and Dock had engaged with the statutory highways agency, they would have advised the best course of action which would have avoided the chaos that is now happening along this road. Pedestrian and vehicle safety could have been improved by doing this properly.

Of course, the Council can take legal action against the Harbour and Dock, but this would cost tax-payers a considerable amount of money.

Summing this up, a person can park their vehicle on this stretch of road and no enforcement will be undertaken. Of course all other Yellow Lines in Porthleven are legal – just to stop anyone thinking it invalidates all other lines. Enforcement officers has been informed too.