No Overnight Parking

Many will have come across the vast amount of No Overnight Parking signs in lay byes across Northern Scotland but I expect few will realise that they have no legal basis and that you can park in the lay byes legally for a few weeks at a time if you so choose.

I started to question the No Overnight Parking signs with The Highland Council last September this turned in extensive communication with The Highland Council, Transport Scotland and the Northern Constabulary.

This resulted in a review being carried out into the signs. This is now on going and below is my submission to that enquiry:

I believe that all No Overnight Parking signs in lay byes across Scotland, which have no legal basis, should be removed immediately for the following reasons:

  1. The signs are factually incorrect.
  2. Transport Scotland does not approve of factually incorrect road signs being erected.
  3. Erecting of factually incorrect road signs undermines the credibility of factually correct road signs.
  4. The signs breach legislation as they cannot be “speedily understood”.
  5. The signs breach legislation as “the message must be unambiguous”.
  6. The Northern Constabulary support signs stating “Tiredness kills, take a break” as they have stated “Tiredness can be a causation factor of road crashes and therefore the context of the message is correct.”
  7. The signs are erected to decieve road users into believing that they could not park overnight.
  8. The  Northern Constabulary state that they are“not aware of any time limits restricting the use of lay-bys.”.
  9. Transport Scotland state When erecting road signs or laying road markings, road authorities can only use signs or markings that are contained in the Traffic Signs Regulations and General Directions 2002 (the TSRGD) or have received special authorisation from Scottish Ministers. “No overnight parking signs” are not included in the TSRGD and would not be authorised by Scottish Ministers.”
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