Across the South Fulham Clean Air Neighbourhood, signs have appeared with the "flying motorcycle" on a blue background with either an arrow pointing to left or right or a distance ahead. These are placed in advance of actual "flying motorcycle" signs (diagram 619). They have proliferated recently, presumably as Hammersmith & Fulham have lost appeals against PCNs for going through "flying motorcycle" signs on the grounds that there is inadequate advance notice.
It appeared to me that these advance signs were not in accordance with TSRGD 2016 and were therefore unlawful. They are based on diagram 818.4 (
TSRGD 2016 Schedule 12 Part 28 Item 22) but with an embedded "flying motorcycle" roundel (in this context
TSRGD 2016 Schedule 12 Part 20 Item 23). That, however, is not one of the permitted roundels for diagram 818.4; they are items 24 (HGV weight limit), 25 (structural weight limit), 27 (dangerous goods prohibited), 33 (maximum length), 34 (maximum width), and 35 (maximum height) of
TSRGD 2016 Schedule 12 Part 20. The only way to get the "flying motorcycle" roundel on a blue background advance sign is if the blue background is for a motorway, which H&F's roads aren't and for which "no motor vehicles" signs make no sense.
I made an
FoI request to H&F, pointing out their error and asking for a list of locations where such signs had been placed. Their
initial response was to say that the signs were fine. I asked for an internal review. They have now admitted their mistake:
- We had interpreted the Traffic Signs Manual (TSM) guidance as allowing the use of the roundel in diagram 818.4.
- Upon review, we agree that the guidance should be read and interpreted differently.
- Going forward, the council will no longer use the roundel in advance warning signs with blue backgrounds.
I have
followed up by calling on them to stop pursuing PCNs wherever they use these signs as advance notice and not to issue any further PCNs at such locations until they have replaced these advance notice signs with lawful ones. Meanwhile, anyone who gets a PCN in South Fulham Clean Air Neighbourhood should appeal on the grounds of inadequate signage: these purported traffic signs are not in accordance with TSRGD 2016 and have been placed on the highway unlawfully. For legal purposes they are to be regarded as void as the Council's power under s.65 Road Traffic Regulation Act 1984 to place "traffic signs" on the highway only extends to "traffic signs" as defined in s.64 Road Traffic Regulation Act 1984; these are signs prescribed in TSRGD 2016 and those specially authorised by DfT.
@Hippocrates may wish to note that the same logic applies to other purported advance direction signs on blue backgrounds such as that outside Hammersmith Library on Shepherds Bush Road.
