Motorcycle only signs but no road markings

[bertiebj]

In Chipping Norton there is an area of tarmac that contains around 5 marked bays. In front of these there is a standard limited waiting sign (e.g. Between 8am and 6pm waiting allowed for 30 mins return prohibited for 30 mins). There is no problem with this.

 

To the side of this there is a [non-rectangular] small area of tarmac that has a legitimate looking parking sign ('P') with a motorcycle sign below it. This small area of tarmac does not have bay markings on it although it does have marked on the tarmac as 'Parking for motorcycles only' (or similar).

 

The road by the side of the tarmac has no no parking signs by the side of it and chipping norton is not a controlled parking zone (at least as I am aware).

 

I have just got a pcn for parking my car on that area of tarmac, code 3 'Parking in a parking place or area not designated for that class of vehicle'. I am confused as to the legality of the pcn as I believed the 'P' [parking] sign with the motorcycle below needed a marked (and legal) bay to which to refer to. As it stands, there is no clearly defined area. The Traffic Signs Manual chapter 3 paragraph 7.6 quotes, 'Bay markings are normally used with the above signs (see table 7-1), although there might be circumstances where such markings are not required, e.g. within a lay-by.' But is not anymore specific in this area.

 

Anyone got any ideas as to the enforceability of the motorcycles only parking sign?

[markie76]

Hi,

 

Have you got a picture or google maps link of the area in question?

 

Its hard to visualise the scene from a description.

[bertiebj]

Hi

 

Thanks for your reply markie. The location is chipping norton Market Street (the closed off end near the 'corner' of the A44). The tarmac area is the side closest to the A44.

 

As you will see my car is parked in an area not marked by any boxed in type markings. I am parked on a 'motorcycles only' type marking on the tarmac and there is a motorcycle only sign that can be just see to the left of the car as you look on the photo. As I described, however, there is plenty of space for a small number of motorcycles.

 

There are yellow double lines on my side of market street but the ticket is for parking in an area not for my class of vehicle rather than parking in a prohibited area.

 

As described in my original comments I would believe that you cannot 'really' have a motorcycle parking only sign when the area you are referring to hasn't been defined.

 

http://s1271.photobucket.com/albums/jj630/bertiebj

 

Many thanks for any comments you may have.

 

Bertie

Edited July 8, 2012 by bertiebj
grammar

[markie76]

Hi Bertie,

 

Thx for this pic.

 

From the description (road by the side of the tarmac) I was thinking you parked away from the ''Motorcycles Only' bay/markings but you parked on top of them, which is not good.

As I biker I have seen this before but this example is rather shabby as usually there is something indicating the perimeter of the area for motorcycles.

 

However, as you say The Traffic Signs Manual does facilitate an exemption where the area itself acts like the perimeter of the bay and in car parks as cars are required to park within the marked bays, it seems in this corner they were saving paint.

Since cars must park in a marked bay and motorcycles can't park in a car bay unless they buy a ticket - a sort of natural separation should occur.

You could present an informal appeal to the council stating your reasons about the lack of markings and see what they say - you have nothing to lose as your payment discount should be preserved.

But I doubt a formal appeal to the adjudicator would be successful as it may be viewed as a 'minor technicality' rather than breaking the rules on markings. And you definitely can't show them that picture of your car on top of the road markings.

 

Good Luck

[bertiebj]

Hi Markie

 

Thanks for your comments that make sense.

 

Hopefully you can see that there was no intention to stop motorbikes parking as it can be seen that there is plenty of room for some motorbikes (though admittedly not as many as though I hadn't parked there). So I must state that I was acting as a responsible driver simply trying to maximise the available parking resources (not that that is an understood term in local authority parking jargon).

 

It is an interesting (and probably moot) point as to whether I would have got a ticket had I parked further over to the left not parking on the markings on the tarmac!

 

Take care