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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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Hello I am looking for very specific, authoritative, up to

Customer Question

Hello
I am looking for very specific, authoritative, up to date information on the enforcement of the 619 + 620 road signage - "No Motor Vehicles" + "Except for Access"

We are given to understand that it is an infringement of the signage for any motor vehicle not associated with households / business in the restricted road to proceed past the signs - doing so is a traffic offence attracting a FPN at the higher rate with a possibility of licence endorsement.

We are looking for somebody to provide the actual Road Traffic Act section details which describe/define the offence and prescribe the sanctions.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What is your question about this please?
Customer: replied 2 years ago.

I want to know under which Road Traffic Act the contravention of signage for "Access Only" (619 + 620) is prosecuted and the specified tariff for infringement.


 


The contravention of the signs is a moving traffic offence and we are given to understand that in worst cases it can attract penalty points on a driver's licence.


 


Contravention code 52 apparently applies according to published information at Wandsworth Council - but no RTA detail is given


 


Hope that helps....

Expert:  Jo C. replied 2 years ago.
Thanks for the information.

If this is a local council PCN then it won't be in the RTA. It will be in the local traffic management order. You can get a copy of that from the council as pre tribunal disclosure or as a freedom of information request.

Also, if this is a local council fine then you will not get points on your licence. This is a local council fine and so the only consequence is a financial penalty. It will be appealed to the Adjudicator rather than the Magistrates Court.

However, there is an offence under S35 and S36 of the RTA 1988 which you'll find here

http://www.legislation.gov.uk/ukpga/1988/52/part/I/crossheading/directions-to-traffic-and-to-pedestrians-and-traffic-signs

that covers failing to comply with signs that do comply with TSGRD

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

The street is fully signed in compliance with TSGRD - four 619 / 620 prominently placed and lit - ie two signs at both ends (even though CPS specify It is no defence that the driver failed to see the sign see:http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences/#P84_4838) .


 


It certainly looks like a contravention under RTA 1988 Part 1 s.36 1(a) in the link you provided - failure to comply with proper traffic signage.


 


In the specific case of 619/620 signage - it being properly placed and compliant with all rules - I need to know the exact access rules - the restriction is only vehicles requiring access to properties on the road subject to the signage are allowed to proceed past the signs?



Expert:  Jo C. replied 2 years ago.
I'm sorry if I'm missing the point but Im not sure what you mean?

I gave you the rules above?

Customer: replied 2 years ago.

I initially asked for a definition of the offence of failing to comply with traffic signage in relation to the 619/620 sign combination and the tariff on conviction.


 


This does not seem to be your area of expertise as RTA 1988 does not appear to detail what constitutes "access" - this is pivotal and I thought (perhaps mistakenly) that I had made this fairly clear in the initial question??


 


 

Expert:  Jo C. replied 2 years ago.
Yes, I've seeng that but I've given you the legislation?

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