No Overnight Parking Signs – Review

The Highland Council is to carry out a review of what effect the removal of “No
Overnight Parking” signs from lay-bys has had.

No Overnight Paking

In answer to a question from Fort William and Ardnamurchan councillor Andrew Baxter, the Highland Council officials said problems already identified could be dealt with by Police Scotland. I fully agree with this and would highly recommend that the Highland Council consider the following facts before considering introducing any Traffic Regulation Orders (TRO).

The Facts

  • Transport Scotland are not carrying out a review.
  • A TRO which is challenged costs over £3,000 to introduce.
  • I would challenge every TRO.
  • To attempt to introduce a TRO for every lay-by where No Overnight Parking signs have been removed would cost over £1,000,000.
  • The Highland Council have powers to introduce a TRO on the roads for which they are responsible.
  • I would request an electronic copy of every TRO the Highland Council introduce.
  • Any TRO that the Highland Council attempt to enforce can be challenged in a court of law.
  • The Highland Council have already admitted that the “issue of overnight parking” is predominately on private land not in lay-bys.

A TRO may only be implemented for one or more of the following purposes:

  • Avoiding danger to persons or traffic;
  • Preventing damage to the road or to buildings nearby;
  • Facilitating the passage of traffic;
  • Preventing use by unsuitable traffic;
  • Preserving the character of a road especially suitable for walking or horse riding;
  • Preserving or improving amenities of the area through which the road runs;
  • For any of the purpose specified in paragraphs (a) to (c) of the Environment Act 1995 in relation to air quality.

As none of the above can be applied to overnight parking without it being applied to day time parking I believe any TRO introduced and enforced by the Highland Council would be successfully challenged in a court of law.

Any successful challenge would result in all such TRO becoming nul and void; the signs would be removed and with it £1,000,000 wasted.

I highly recommend that the Highland Council do not attempt to introduce any TRO.

I will be informing Neil Gillies, Highland Council Director of Transport Environmental and Community Services of my opinions.

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