Kent CC, TMA and clamping |
Kent CC, TMA and clamping |
Thu, 7 Jan 2021 - 11:55
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#1
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Member Group: Life Member Posts: 247 Joined: 4 Mar 2016 Member No.: 82,764 |
Can the council clamp under these circumstances? |
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Thu, 7 Jan 2021 - 11:55
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Sun, 17 Jan 2021 - 15:38
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#41
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
If rest breaks are allowed and this must by definition include stopping at the end of the daily driving allowance then the taco would provide irrefutable evidence
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 17 Jan 2021 - 18:42
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#42
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Member Group: Life Member Posts: 247 Joined: 4 Mar 2016 Member No.: 82,764 |
If rest breaks are allowed and this must by definition include stopping at the end of the daily driving allowance then the taco would provide irrefutable evidence In Tachogaph rules there are 2 concepts, rest and break. Break is where you are not engaged in other activities. This is used through the day to comply with driving limits and working time limits. A driving break would typically be 45 minutes. Rest is a longer period either between daily work periods or between weekly work periods. A reduced daily rest period would be 9 hours a reduced weekly rest period would be at least 24 hours. Within the definition of rest is a clause that 'the driver must be able to freely dispose of their time'. The council here seem to be saying that breaks are ok but rest is not. This post has been edited by Foxy01: Sun, 17 Jan 2021 - 18:46 |
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Sun, 17 Jan 2021 - 18:59
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#43
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Member Group: Members Posts: 35 Joined: 28 Feb 2009 Member No.: 26,629 |
Do the clampers need SIA licences or does the byelaw create the permissions?
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Sun, 17 Jan 2021 - 20:17
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#44
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Do the clampers need SIA licences or does the byelaw create the permissions? The Traffic Management Act 2004 plus the TRO to create the parking offence is all that is needed AFAIK. SIA deal with private operations, not a public body undertaking lawful activities. Whether the council require an SAI licence for contractors, no idea. If Kent are following Statutory Guidance, there should be an onboard CEO with the clampers, at the very least, a CEO has to serve the PCN and authorise clamping. |
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Sun, 17 Jan 2021 - 21:59
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#45
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Anecdotal evidence suggest that most foreign lorry drivers just don't bother with the PCNs anyway, but clamping is a different matter. When I get time I'll FoI Ashford Borough council and Folkestone & Hythe DC for the figures on unpaid lorry PCNs. Previous figures I'd seen suggested that very few were paid, which would then suggest that the law was unenforceable. Probably the only ones paid are for UK lorries. Some guy from France or Poland or wherever is simply going to put the PCN in the bin and when NTO time comes, the RK will be a foreign firm so likely ignored. Hence clamping, which you can't so easily ignore. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 18 Jan 2021 - 03:51
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#46
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Member Group: Members Posts: 6,963 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
Hence the increased in sales of 24v angle grinders.
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Mon, 18 Jan 2021 - 09:13
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#47
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Hence the increased in sales of 24v angle grinders. Well I'm sure we'll see the threads in the criminal forum, though I'm not sure if criminal damage in this case counts as a motoring offence or whether those threads should be in the flame pit. I'm sure sp82 will give us a steer. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 14 Feb 2021 - 10:49
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#48
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Member Group: Life Member Posts: 247 Joined: 4 Mar 2016 Member No.: 82,764 |
Now Kent are starting a consultation to make the changes permanent.
Discussion on another forum Kent CC Consultation |
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Sun, 14 Feb 2021 - 11:10
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#49
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
That's a huge area and the cost of signage is going to be colossal.
If they erect signage for an Experimental Order there is no way they won't make the restictions permanent. Too costly. Mick |
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Sun, 14 Feb 2021 - 14:00
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#50
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Member Group: Members Posts: 1,079 Joined: 3 Feb 2008 Member No.: 17,078 |
. I know of one company who regularly get Parking Eye notices as they have to pass an ANPR camera to access their premises. Despite telling PE this they still receive notices. I'm sure they could have a good claim for data misuse. That company in question only 'HAVE' to pass a PE ANPR camera because they are using a no entry access road for service vehicles as a private slip road between their depot and the motorway. (If I'm thinking of the same company) |
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Mon, 15 Feb 2021 - 11:13
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#51
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
To be honest I'm not totally averse to the scheme. There are far too many lorry drivers who treat the hard shoulder (in normal traffic conditions) like a lorry park, and as the police issue more and more FPNs, they're going to be displaced to county roads.
However I also think there should be adequate provision for HGV parks where they can stop overnight. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 16 Feb 2021 - 15:55
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#52
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Member Group: Members Posts: 6,963 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
We managed to escape yesterday for essential travel (non-work) during the day and the blocking car was there, this time a different one. Trying to turn off the A20 into the village was a local delivery lorry <5T). The occupant of the car was talking to the lorry driver trying to persuade him to take another route and ended up being stopped blocking the middle of the A20 for a while. Aec rob off so didn't see the outcome, but it is outrageous that these individuals seem to think they have the right to not only stop traffic but to prevent entry to someone going about their lawful business.
I really must get on to KCC tonight. "Disgusted of Tunbridge Wells" |
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Tue, 16 Feb 2021 - 16:43
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#53
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Have you tried just outright challenging them? If they're blocking the road, I'd expect them at the very least to have some sort of official ID. Otherwise I could just rock up in my own car and decide to close off the A20?
Have you called Kent Police? -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 17 Feb 2021 - 16:09
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#54
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Member Group: Members Posts: 2,784 Joined: 20 Apr 2008 Member No.: 18,956 |
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Thu, 18 Feb 2021 - 00:01
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#55
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Member Group: Members Posts: 6,963 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
One problem is trying to get through to Kent Police on the non-emergency number. Next stage is to forward HE Ltd's remains too KCC.
My partner objects strongly to her council tax being used to fund such things as these manned road blocks. |
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Thu, 18 Feb 2021 - 09:12
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#56
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
One problem is trying to get through to Kent Police on the non-emergency number. Next stage is to forward HE Ltd's remains too KCC. My partner objects strongly to her council tax being used to fund such things as these manned road blocks. Go to https://www.kent.police.uk/ro/report/ and report it online. Obviously as they're acting in broad daylight, I would make no secret of taking down number plates, descriptions etc and then report it as a crime of obstructing the highway. Maybe even take pictures. If they ask you what the hell you're doing, jus say you're reporting them to the police. This post has been edited by cp8759: Thu, 18 Feb 2021 - 09:13 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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