'Private Road : No Parking' Or Not.

[Tony 10]

From that reply they still appear to be confused for no good reason. If someone erects a sign on their property it’s of no concern to the highway authority unless they have adopted responsibility for the road. Even on an adopted road a No Parking sign on your garden wall is no more illegal than putting up a Beware Of The Dog sign when you don’t have a dog. 

[Pettytom 1]

1 hour ago, Tony said:

From that reply they still appear to be confused for no good reason. If someone erects a sign on their property it’s of no concern to the highway authority unless they have adopted responsibility for the road. Even on an adopted road a No Parking sign on your garden wall is no more illegal than putting up a Beware Of The Dog sign when you don’t have a dog. 

What about a national speed limit sign on a post on your wall... in a 30mph zone?

 

Asking for a socially irresponsible friend.

[Tony 10]

8 hours ago, Pettytom said:

What about a national speed limit sign on a post on your wall... in a 30mph zone?

 

Asking for a socially irresponsible friend.

The same applies to the best of my knowledge. Your socially irresponsible friend might incur the wrath of jobsworth authorities in the shape of letters and visits but I don't think they will be taking legal action on highways laws. Planning laws may apply in certain circumstances and different rules apply on motorways and IIRC major trunk roads which as you will recall generally apply the NSL. If somebody knows differently I'd appreciate a reference to the legislation or test case to be corrected. 

[Dannyno 19]

On 24/07/2020 at 07:11, Tony said:

Quote

The same applies to the best of my knowledge. Your socially irresponsible friend might incur the wrath of jobsworth authorities in the shape of letters and visits but I don't think they will be taking legal action on highways laws. Planning laws may apply in certain circumstances and different rules apply on motorways and IIRC major trunk roads which as you will recall generally apply the NSL. If somebody knows differently I'd appreciate a reference to the legislation or test case to be corrected.

S.64 (4) of the Road Traffic Regulation Act (1984) says:

 

https://www.legislation.gov.uk/ukpga/1984/27/section/64

 

Quote

(4)Except as provided by this Act, no traffic sign shall be placed on or near a road except—
(a)a notice in respect of the use of a bridge;
(b)a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or operators of a tramway, light railway or trolley vehicle undertaking, a dock undertaking or a harbour undertaking; or
(c)a traffic sign placed on any land—
(i)by a person authorised under the following provisions of this Act to place the sign on a road, and
(ii)for a purpose for which he is authorised to place it on a road.

And s.69 reads:

 

Quote

 

General provisions as to removal of signs.

(1)The traffic authority may by notice in writing require the owner or occupier of any land on which there is an object or device (whether fixed or portable) for the guidance or direction of persons using the road to remove it.
(2)If a person fails to comply with such a notice, the traffic authority may themselves effect the removal, doing as little damage as may be; and the expenses incurred by them in doing so shall be recoverable by them from the person in default, and, in England or Wales, shall be so recoverable summarily as a civil debt.

 

 In other words, nobody except the relevant authority is allowed to put up traffic signs "on or near" a road.  And the relevant authority can require that one be removed, or remove it themselves and claim their expenses.    

 

But then s132 of the Highways Act 1980 reads:

 

https://www.legislation.gov.uk/ukpga/1980/66/section/132

 

Quote

 

 132 Unauthorised marks on highways.

(1)A person who, without either the consent of the highway authority for the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter, sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway is guilty of an offence and liable to a fine not exceeding £100 or, in the case of a second or subsequent conviction under this subsection, to a fine not exceeding £200.

(2)The highway authority for a highway may, without prejudice to their powers apart from this subsection and whether or not proceedings in respect of the matter have been taken in pursuance of subsection (1) above, remove any picture, letter, sign or other mark which has, without either the consent of the authority or an authorisation given by or under an enactment, been painted or otherwise inscribed or affixed upon the surface of the highway or upon any tree, structure or works on or in the highway.

 

 

Also, planning regulations apply, see:  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/11499/326679.pdf

 

And I suppose that if any driver followed a fake sign and incurred loss or damage by doing so, they could sue you.

 

I'm currently trying to find out whether there is any reason these laws don't apply to private or unadopted roads.

 

Edited August 3, 2020 by Dannyno
got quotes all messed up

[Dannyno 19]

Found this:

 

"Private roads: how private is private?"

by Andrew Barsby (author of 'Private Roads: the legal framework')

in "Justice of the Peace" journal, 2002 issue 42, October.

 

Quote

 Obviously enough, private roads which are highways are not entirely private. The public right of way does not bring with it a duty to maintain under s.41; but there is a duty to safeguard the public's rights over all highways (s.130). But even private roads which are not highways are to some extent matters of public concern...

He says later:

 

Quote

Central to the Road Traffic Act 1988, and hence offences such as dangerous and careless driving, and drunk driving, is the concept of a “road or other public place”. A “road”, by s.192, is “any highway and any other road to which the public has access”. 

and

 

Quote

The Road Traffic Regulation Act 1984 defines “road” in a way which is very close to the Road Traffic Act 1988. The power to make road traffic regulation orders thus extends to private roads which are highways or subject to public access. But if these powers are used in relation to a private road, the question of human rights should be borne in mind, lest the effect of the order be to interfere wrongly with private property rights. Section 45 of the Act affords a prime example: this allows a local authority to designate parking places on highways, and to charge for their use. It must be doubtful whether this power could be used in relation to a private road, unless compensation was offered, without infringing the property rights of the owner(s) of the road.

Taking all this and the previous post together, it seems like there are powers to require that misleading traffic signs be removed from private land.   And that even on a private road, those responsible for its maintenance cannot put up any old signs they like (if the road is accessible by the public).   

[Tony 10]

@Dannyno  You have misunderstood the legislation you've googled. It is an unadopted road so the "authority" has as much authority over as they do responsibility. That is to say, unless you can point out a very specific TRO (of which there is none) they have neither responsibility nor authority. Criminal matters under the RTA have no relevance to this road and the authority has no criminal jurisdiction anyway. 

[mattsin30 10]

On 11/01/2020 at 17:48, Justin Smith said:

Can we just remind everyone, an unadopted road is NOT a private road and residents have no right whatsoever to put up signs saying "NO parking : Residents only" (or whatever) *. Some really cheeky residents go one stage further and even put signs outside their own houses saying, for example, "Parking for number 62 only".

We can all empathise with residents who can't find anywhere to park, I used to live near the Wednesday ground so know what it's like. But the fact remains that the only people who have a right to a parking space are those with their own off road parking space.

 

Which are the worst roads in Sheffield for this kind of thing ?
I nominate Arundel Road - Chapeltown.

 

* I contacted Sheffield council's "Traffic Regulations Group" and they confirmed everything I have said.

Can we remind everyone a unadopted road IS a private road. And there is no "right" to park it may even be a highway with right to pass and repass but the "cheeky" frontages are still able to manage parking and put up signs and even take legal action. Where ever you got your information from your incorrect with every thing you have said on your post. And whatever the councils traffic regulations group even is they're wrong and contradict the councils own highway authority and every other local highway authority in England aswell as the dft, the research breafings in HoC library and the courts. It would be helpful to not be giving out incorrect information as fact or at least correct your post and respect those "cheeky" residents who are lawfully doing what they're are able to do. 

[Resident 1,185]

On 28/08/2020 at 19:54, Tony said:

@Dannyno  You have misunderstood the legislation you've googled. It is an unadopted road so the "authority" has as much authority over as they do responsibility. That is to say, unless you can point out a very specific TRO (of which there is none) they have neither responsibility nor authority. Criminal matters under the RTA have no relevance to this road and the authority has no criminal jurisdiction anyway. 

Would what they posted have bearing on residents whom have erected 'Residents only parking' signs, albeit on their garden fences, on a public road? 

 

Asking as there is a current bone of contention where a friend works.

[mattsin30 10]

You can check status of road on a council register in the Internet. If it's a public maintained highway,  you can't do it and the highways authority can remove it.  If it's unadopted than as long as the sign is with in planning law and it isn't based on designs contained in TSRGD because this would give the impression that the parking was being enforced by the local authority. Then the land owner, agents or managers to decide what notices to put up.