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Kent CC, TMA and clamping
Foxy01
post Thu, 7 Jan 2021 - 11:55
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Can the council clamp under these circumstances?
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post Thu, 7 Jan 2021 - 11:55
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PASTMYBEST
post Sun, 17 Jan 2021 - 15:38
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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


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Foxy01
post Sun, 17 Jan 2021 - 18:42
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QUOTE (PASTMYBEST @ Sun, 17 Jan 2021 - 15:38) *
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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gplinge
post Sun, 17 Jan 2021 - 18:59
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Do the clampers need SIA licences or does the byelaw create the permissions?
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DancingDad
post Sun, 17 Jan 2021 - 20:17
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QUOTE (gplinge @ Sun, 17 Jan 2021 - 18:59) *
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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cp8759
post Sun, 17 Jan 2021 - 21:59
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QUOTE (DancingDad @ Sun, 17 Jan 2021 - 14:35) *
QUOTE (roythebus @ Sun, 17 Jan 2021 - 13:13) *
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.


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roythebus
post Mon, 18 Jan 2021 - 03:51
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Hence the increased in sales of 24v angle grinders. smile.gif
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cp8759
post Mon, 18 Jan 2021 - 09:13
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QUOTE (roythebus @ Mon, 18 Jan 2021 - 03:51) *
Hence the increased in sales of 24v angle grinders. smile.gif

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.


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Foxy01
post Sun, 14 Feb 2021 - 10:49
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Now Kent are starting a consultation to make the changes permanent.

Discussion on another forum

Kent CC Consultation
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Mad Mick V
post Sun, 14 Feb 2021 - 11:10
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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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trubster
post Sun, 14 Feb 2021 - 14:00
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QUOTE (Foxy01 @ Fri, 15 Jan 2021 - 20:26) *
. 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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cp8759
post Mon, 15 Feb 2021 - 11:13
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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.


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roythebus
post Tue, 16 Feb 2021 - 15:55
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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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cp8759
post Tue, 16 Feb 2021 - 16:43
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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?


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captain swoop
post Wed, 17 Feb 2021 - 16:09
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QUOTE (roythebus @ Fri, 15 Jan 2021 - 16:41) *
Ah, but now we're out of the EC/ECHR we'll just have to write it in English louder than we did before. smile.gif



ECHR is nothing to do with the EU.
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roythebus
post Thu, 18 Feb 2021 - 00:01
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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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cp8759
post Thu, 18 Feb 2021 - 09:12
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QUOTE (roythebus @ Thu, 18 Feb 2021 - 00:01) *
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


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