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Messages - John_S

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The Flame Pit / Re: No Right Turn = No U Turn ?
« on: July 26, 2024, 09:30:39 am »

I think you'd be on very strong grounds if you can find a location where the same council have stacked these 2 signs that you could show to an adjudicator.

@Grant_Urismo you make some very good points - Portland Place (s/b) j/o Devonshire Street springs to mind re stacked signs. There are several other examples in Central London but I can’t think of any others on Westminster’s roads.

Back to Aldwych... the only fly in the ointment is the markings in the centre of the junction with Wellington Street and the various Orders that exist for that junction.

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The Flame Pit / Re: No Right Turn = No U Turn ?
« on: July 25, 2024, 09:29:44 am »
@Hippocrates, 224007474A appears to relate to Ilford High Road, west of Seven Kings Road. Whilst this seems to be a very interesting case, where the driver appears to turn right against a no-u-turn sign - I was thinking of this the other-way-around. What if the driver had u-turned against a NRT sign?

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Hi everyone, it took the adjudicator a mere 50 seconds to allow this appeal yesterday. There is now a well established principle condemning the school streets signage at most of Merton’s 29 sites.

I am keen to make a costs application for this case. The last one I done was in 2002, so I could use some advice please.

I’m comfortable with proving the Authority have been wholly unreasonable in this case, but I’m not sure about:

(1) the format of a costs application;
(2) the process (stages).
(3) how to calculate quantum (and recent examples of successful applications); and
(4) what evidence is needed to prove my losses, bearing in mind I am representing an appellant that lives at the same address as me.

Would greatly appreciate any advice.

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The Flame Pit / Re: No Right Turn = No U Turn ?
« on: July 10, 2024, 09:04:23 am »
@DrSatan I'm impressed that you managed to dig-out the order so quickly.

This is very helpful but in 2017 when the order was made, the NRT sign was not in place. Having read the order, it's not clear to me what 'island sites' actually means. If 'island sites' relates to the area of road reserved for buses turning onto Waterloo Bridge - then where's the exemption for buses and cycles? In 2022 (or slightly earlier) the markings were changed and the Aldwych Scheme was completed (with a new NRT sign).

I'll try and dig out the new TMO covering the Aldwych Scheme and see if it extends to this junction.

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The Flame Pit / Re: No Right Turn = No U Turn ?
« on: July 08, 2024, 08:54:14 pm »
Quote
It is not possible to perform a U-turn without turning right.
That's basically how I interpret the sign.

I was involved in a case in 2007 where a vehicle appeared to 3-point-turn after a NRT sign. The adjudicator allowed the appeal because the Authority failed to provide a TMO. But he remarked that he probably wouldn’t have allowed it on the basis that a u-turn was performed.

I’m specifically thinking about Aldwych/Strand (s/w bound) junction of Wellington Street (cycle track).

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The Flame Pit / Re: No Right Turn = No U Turn ?
« on: July 08, 2024, 02:40:54 pm »
@DrSatan, thanks for the prompt reply.

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The Flame Pit / No Right Turn = No U Turn ?
« on: July 08, 2024, 01:06:35 pm »
If a driver u-turns immediately after a ‘No Right Turn’ sign, does s/he commit a contravention? Does anyone know of any adjudicator decisions on this question please?

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Hi everyone,

Sorry I'm a bit late here. I'm currently researching Mandatory Cycle Lanes. Can anyone provide an update/result on this case please?

I'd be interested to know whether this 'lane' falls within the definition of 'cycle track' provided by the Highways Act 1980 s329.

Regards,
John.

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Having difficulty with images on imgur... hope this works...






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Thanks. For completeness I’ve posted the PCN and a photo of the relevant signage.

The main question here may have been misunderstood. The signage at this location comprises (on the near-side of the road) a post with three separate signs:
1. School Streets
2. No motor vehicles
3. School Term Time

1 and 3 are non-compliant; 2 is a ‘special authorisation’ under s64 Road Traffic Regulation Act 1984.

Re sign 2: s73 and Sch7 of 2004 Act (https://www.legislation.gov.uk/ukpga/2004/18/section/73) specifies signs that can be used to create a ‘moving traffic contravention’. The 2004 Act doesn’t mention ‘special authorisations’ so if this were outside London, although sign 2 is compliant - I do not believe the PCN would stand as the sign falls outside the scope of the 2004 Act. Correct?

Section 73 commenced in England in 2007:
https://www.legislation.gov.uk/uksi/2007/2053/made

But this is inside London and the 2003 Act applies. So for peace of mind, I would like to find:
(a) in which order/regs London is excluded from s73 2004 Act (if at all)? and
(b) whether there are any other orders/regs that exclude ‘special authorisations’ under the 2003 Act? and if not
(c) whether there are any limitations at all on traffic signs to be used for moving traffic contraventions in London?

Any further comments would be greatly appreciated, particularly regarding the wording on the PCN and NoR.



12
Thanks for the prompt replies. To put this in context, I was half way through dealing with a PCN when I came across this site - hence I didn’t post the original PCN. I am happy to do so retrospectively if you wish. The PCN is essentially identical (same location) to the one posted by John Barrow recently on the Facebook Group.

At the location (Cambridge Road) Merton have used ‘special authorisation’ road signs, so they are not listed in the TMA 2004.

So my real question is: can ‘special authorisation’ signs be used for moving traffic contraventions under the 2003 Act?

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The London Local Authorities and Transport for London Act 2003 provides a framework for enforcement authorities in London to issue PCNs for moving traffic contraventions. Parts of this Act are earmarked for repeal in the Traffic Management Act 2004. The 2004 Act also sets-out a framework for enforcement authorities (including those in London I believe) to issue PCNs. The 2004 Act provides a slightly different definition of moving traffic contravention to the 2003 Act – the 2003 Act appearing to capture a wider range of traffic signs.

Where a PCN has been issued in London under the 2003 Act, does the 2004 Act also apply?

My understanding is that the 2003 Act takes precedence here, but that doesn’t explain why there appears to be two definitions of moving traffic contravention running concurrently. Is anyone able to explain this please?

Thanks in anticipation.

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