Free Traffic Legal Advice

General discussion => The Flame Pit => Topic started by: H C Andersen on January 12, 2024, 11:32:08 am

Title: Re: When's a Parking Place not a Parking Place
Post by: andy_foster on January 13, 2024, 05:25:20 pm

What is (or is not) a "parking place" for the purposes of which statutory provision?
Start with the legislation and then deduce the meaning of the term(s) contained within it.

Trying to define the precise meaning of a given term in a vacuum is meaningless.

Title: When's a Parking Place not a Parking Place
Post by: H C Andersen on January 12, 2024, 11:32:08 am

I still can't get my head around the apparent generic use of the term 'parking place' (even in the JR) when used in the context of a RR. A parking place other than on a RR is a length of highway set aside by legislative instrument for parking, a TMO/TRO. It is not an exception to its immediately adjoining environment, it's separate. Whereas a so-called 'parking place' on a RR is a length of highway situated in a red route where by exception to the prevailing stopping prohibition 'parking' and related activities may be undertaken.

Whether the difference is substantive or semantic perhaps the Flame Pit could assist which is where this has been copied.

Any thoughts?