On Street Parking FAQ
Q: Where mustn't I leave my vehicle on a public highway?
A: Rule 242 of the Highway Code explains that it is an offence to leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
The police have powers to deal with such offences, and have the power to remove vehicles from the public highway and impound them when deemed necessary.
Q: Where shouldn't I leave my vehicle on the public highway?
A: Rule 243 of the Highway Code advises drivers not to stop or park:-
- near a school entrance
- anywhere you would prevent access for Emergency Services
- at or near a bus or tram stop or taxi rank
- on the approach to a level crossing/tramway crossing
- opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
- near the brow of a hill or hump bridge
- opposite a traffic island or (if this would cause an obstruction) another parked vehicle
- where you would force other traffic to enter a tram lane
- where the kerb has been lowered to help wheelchair users and powered mobility vehicles
- in front of an entrance to a property
- on a bend
- where you would obstruct cyclists' use of cycle facilities
except when forced to do so by stationary traffic.
The police have the discretion to decide whether any vehicles parked in such a location constitute a hazard or obstruction, and take appropriate action.
Q: Is it an offence to park partially or wholly on the footway?
A: Rule 245 of the Highway Code explains that it is an offence to park partially or wholly on the pavement in London, and that drivers should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.
The police have the discretion to decide whether any vehicles parked in such a location outside of London constitute a hazard or obstruction to other highway users, and take appropriate action.
Q: Can I wait on single or double yellow lines to load or unloads goods and/or passengers?
A: Rule 247 of the Highway Code explains that it is an offence to stop to load or unload goods and/or vehicles where loading is prohibited as identified by yellow markings on the kerb and upright signs advise restrictions are in place.
At locations where loading is not prohibited, drivers may stop their vehicle on double or single yellow lines to load and unload goods and/or passengers, but if vehicles are left unattended for reasons other than loading or unloading, either the police or the county council's Civil Enforcement Officers could issue a fixed penalty notice (police) or a penalty charge notice (CEOs). If vehicles are parked on yellow lines and considered to be causing an obstruction or nuisance to other road users, the police can choose to have the vehicle removed and compounded instead of issuing a fixed penalty notice.
The Highway Code can be viewed at https://www.gov.uk/browse/driving/highway-code-road-safety
Q: Can blue badge holders park on double yellow lines?
A: The blue badge scheme explains that the purpose of the scheme is to give greater access to local services by allowing badge holders to park near their destination either as a passenger or driver, it is not to provide free parking. The guidance explains that Badge holders may display their blue badge clock and park on single or double yellow lines for up to three hours if it is safe to do so, but not where there are restrictions, on loading or unloading - indicated by yellow kerb dashes and/or signs on plates. The guidance also explains that Badge holders must wait for at least one hour after a previous period of parking before you can park the same vehicle in the same road or part of a road on the same day.
The guidance also goes on to explain that the Blue Badge is not a licence to park anywhere. Like other road users, Badge holders must obey the rules of the road, as laid out in the Highway Code. If vehicles are parked where they would cause an obstruction or danger to other road users Badge holders can be fined or have their vehicle removed by the police.
The guidance can be viewed at https://gov.wales/topics/transport/road-users/bluebadgeschemeinfo/?lang=en
Q: Who has a right to park on a public highway?
A: Nobody has a right to park on a public highway at any location other than within a formal on street parking bay which has been marked on the highway by the local highway authority. Vehicles must be parked within the bay markings and comply with any restrictions that may identified on the upright signs erected by the highway authority alongside or near the parking bay.
Q: Who enforces waiting and loading prohibitions?
A: Both the police and the highway authority's CEOs can enforce this type of traffic order contravention. The only difference being that the police issue fixed penalty notices, and the highway authority's CEOs issue penalty charge notices.
Information regarding Powys County Council's parking policy can be viewed at https://customer.powys.gov.uk/article/4063/Parking-Annual-Reports-and-Policy and the Wales Penalty Processing Partnership (WPPP) operational guidance can be viewed at https://www.wppp.org.uk/
Q: Why are new waiting and loading prohibitions introduced or existing prohibitions modified?
A: Whilst the rules contained within the Highway Code apply to all, and are there to guide all highway users as to how they should and should not travel along and utilise the public highway; many drivers choose to disregard the needs of other highway users and often leave their vehicles at locations where they cause a nuisance and/or hazard to other highway users, or obstruct the highway such that other vehicles (particularly larger vehicles, public service vehicles and emergency service vehicles) have difficulty travelling along the highway or negotiating bends and junctions etc., and are therefore forced to reverse, undertake difficult unnecessary manoeuvres or mount the footway to pass parked vehicles.
Local traffic authorities have a duty, under Section 16 of the Traffic Management Act 2004, to manage their road network to secure the expeditious movement of traffic on that network, and to facilitate the same on the networks of others. The introduction of traffic regulation orders where appropriate and necessary to regulate traffic movements and control on street parking and loading, is part of the toolkit available to local traffic authorities to comply with this duty.
Q: Is the highway authority obliged to provide alternative off street parking arrangements if on street waiting or loading is prohibited outside my property or where I normally choose to park my vehicle?
A: No. The highway authority has no duty to provide off street parking places for residents, businesses or visitors.
Q: Can I claim compensation for a perceived or actual loss of value of my property if parking and/or loading is prohibited or restricted in my street?
A: No, because nobody has a right to park on the public highway in front of their business or property; and the absence of private off street parking controlled by the property was known when the property was purchased or leased.
Q: How does the highway authority consult with the public before proposing or making a traffic regulation order to prohibit waiting and/or loading?
A: Proposals for this type of traffic regulation order are normally drawn up as a result of complaints from the public, businesses, community councils or the emergency services etc.; or because of situations noted by the traffic authority which negatively impact their duty under the Traffic Management Act 2004, or give rise to a legitimate highway safety concern.
In the first instance, discussions take place between highway authority officers, the local county councillor and the community/town council. The community/town council and the local county councillor represent the constituents and businesses in their wards, therefore the proposals are generally discussed at one or more community/town council meetings before making a recommendation or feedback comments to the highway authority.
Once the draft proposals are finalised and the scheme ranks sufficiently high enough against all other safety schemes within Powys, a report is taken to the Portfolio Holder for Highways, Recycling and Assets for consideration. If approved, the highway authority advertises the proposal on site and in the local press and a minimum 21 day public consultation period commences whereby the public have the opportunity to make representations once again.
Q: Does the county council operate a residents' parking permit scheme?
A: Yes, details can be found on the council website at http://www.powys.gov.uk/en/roads-transport-and-parking/apply-for-a-residents-parking-permit/
It should be noted that the scheme can only be operated at locations where the road is suitable to accommodate on street parking bays, and does not guarantee a parking space at any given location on the street within a defined residents' parking permit zone, or guarantee that any parking will be available at any given time on any given street within that zone.
Residents' parking permit zones are the subject of traffic regulation orders, and are completely different permits to those which can be purchased to permit parking in the council's long stay pay and display car parks.