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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69535
Experience:  Over 5 years in practice.
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A section of road that may have had double yellow lines has

Resolved Question:

A section of road that may have had double yellow lines has been dug up and a large steel plate placed over the hole and uneven surface. Can you park on the large steel plate ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

General interest question, if a parking ticket would be enforceable if you were to park on top of the large steel plate, there would be no obstruction caused to any other road users.

Expert:  Jo C. replied 1 year ago.
It isn't the surface of the road that denotes whether or not you can park there. It is the lines and signs.
If you are saying that this is a double yellow line section then the starting point is that you cannot park there ever.
If the lines are so badly worn that you cannot tell that you are not allowed to park there then that would give you a defence to any fine. The lines do have to be very substantially worn though. The days when minor errors provided a defence have gone really.
Sorry if that is not the answer you wanted.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

The double yellow lines that may have been there are not just worn or faded they have been dug up and removed with a steel plate as a temporary road surface.

Expert:  Jo C. replied 1 year ago.
But are there lines around it?
And signs at the location?
Customer: replied 1 year ago.

To the right hand side of steel plate is scaffolding and a building site, the reason the lines have been dug up. To the left side of steel plate is a short section 3 meters long of what remains of severely damaged yellow lines followed by another scaffold and building site, there are no indication of signs or t-bar lines in the whole section of street probably 60 meters long.

Expert:  Jo C. replied 1 year ago.
T-bar lines are a non issue now.
Signs would not normally accompany double yellows.
It is difficult to say really as it comes down to the facts in the individual case. The case law now suggests that unless the wearing is so bad that the reasonably observant motorist could not tell the prohibition exists they should apply.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69535
Experience: Over 5 years in practice.
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