NYCC Must Remove Overnight Parking Ban Signs

I have contacted North Yorkshire County Council (NYCC) and requested that they remove the unlawful overnight parking signs at Leeming Bar as they are the Highways Authority.

I have informed NYCC that the signs breach the Traffic Signs Regulations and General Directions 2016 as the signage is not permitted. This is supported by the Road Traffic Regulation Act 1984 – 64 – 1 which states: “In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description

In addition the Traffic Signs Manual – Chapter 1 states:

  • “3.3.1. The erection of an unauthorised sign in the highway is an obstruction and the possible consequences of erecting or permitting the erection of obstructions can be severe. Those responsible could lay themselves open to a claim for damages, for example if an obstruction is the cause of an accident or an injury in a collision.”
  • “3.4.1. Traffic signs in use on the highway must either be prescribed by TSRGD as amended, or be specially authorised by the national authority. Signs that are neither prescribed nor authorised are obstructions on the highway and must be removed.”

For the same reasons, NYCC cannot permit the display of replacement signs on the Highway.

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