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'Legal' Yellow Lines.....
Jayen4
post Tue, 15 Aug 2006 - 23:40
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O.K. So I've read various references to whether a yellow line is 'legal' or not......

Whilst I was out today,I spotted a single yellow line which butted right up to the start of the 'zig-zag's that you get,approaching a pelican crossing. It did not have a 'cross bar' at the point where it jioned the zig-zag's !!
So,am I correct in thinkung that this line was not legal ?? As in....if it does NOT have a terminating 'cross bar',then it can't be enforced.
Is this the same for ANY yellow line,please ??
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post Tue, 15 Aug 2006 - 23:40
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Ziltro
post Wed, 16 Aug 2006 - 00:09
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Pretty much, yeah.

Sounds like you are at the "Blimey look how many of these lines are wrong, surely the council can't be that incompetant, I must have missed something?!" stage.

It is quite supprising how many lines are wrong. These days I'm supprised if I find any which are right.


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DW190
post Wed, 16 Aug 2006 - 07:34
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QUOTE (Jayen4 @ Wed, 16 Aug 2006 - 00:40) *
O.K. So I've read various references to whether a yellow line is 'legal' or not......

Whilst I was out today,I spotted a single yellow line which butted right up to the start of the 'zig-zag's that you get,approaching a pelican crossing. It did not have a 'cross bar' at the point where it jioned the zig-zag's !!
So,am I correct in thinkung that this line was not legal ?? As in....if it does NOT have a terminating 'cross bar',then it can't be enforced.
Is this the same for ANY yellow line,please ??


First we should look at the meaning of T Bar and why its so named.

T is for Termination which means end of the line just as when trains Terminate at the end of the line.

The absence of a T Bar at the zig zags of both sides of the crossing means simply that the restriction is NOT Terminated and continues after the zig zags. The zig zags are a restriction in themselves.


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Teufel
post Wed, 16 Aug 2006 - 08:43
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that is one imaginative interpretation

is there then no need for the terminating bars of the
pelican crossing zig-zags if there is another pelican crossing
down the road - the pelican restrictions in the same way
running under the yellow lines ??

the regulations require the line to terminate in a t-bar
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djtaylor
post Wed, 16 Aug 2006 - 11:27
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I did find something once that stated that overlaid markings such as crossings and even parking bays were just that, considered to be an overlay and thus the yellow lines didn't need a T bar.

David.
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Ziltro
post Wed, 16 Aug 2006 - 12:26
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Or, the diagram in which double and single yellow lines are defined shows an end bar and has no permitted varients allowing the removal of it.


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DW190
post Wed, 16 Aug 2006 - 13:04
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QUOTE (Ziltro @ Wed, 16 Aug 2006 - 13:26) *
Or, the diagram in which double and single yellow lines are defined shows an end bar and has no permitted varients allowing the removal of it.



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Teufel
post Wed, 16 Aug 2006 - 13:23
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the idea that a parking bay or zig-zag crossing is just an idea
which apparently has no legal basis

even PATAS in minier v camden accepted that t-bars were required in law but allowed them on the basis of de minimis variation

this is subject to the challenge of the proper legal authoriites
of davies v heatley and cotterill v chapmen
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Jayen4
post Wed, 16 Aug 2006 - 13:30
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O.K. Difference of opinions here ! huh.gif

Someone please tell me if my following 'interpretation' is correct or not......


''If the yellow line does NOT have a 'T' bar at the end of it,then it is not enforceable,regardless of whether it butts up to 'zig zags' or any other type of restriction''

Answer yes or no,please !

Also,same for yellow lines with 'breaks' in them.....for road repairs or for whatever reason,some of the line is 'missing' . smile.gif
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Teufel
post Wed, 16 Aug 2006 - 14:31
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a yellow line requires t-bars where it trminates under the regulations

the patas minier v camden decision said that missing t-bars were required but were not
fatal under the de minimis principle - this is open to challenge
as minier did not cite the proper supporting authoriites

see my post 'how to claim on mising t-bars

http://forums.pepipoo.com/index.php?showtopic=12740

councils are of the opinion that yellow lines do not need
t-bars where the yellow line ends but a differently
marked parking restriction such as a parking bay or a zig-zag
crossing starts - the yellow line in their opinion continues 'under'
this other section and restarts the other side and so requires
no t-bars

this is not tested in law but for the moment is supported by the minier decision
although they are based on diffent legal arguments

missing and broken lines are not valid (subject to de minimis)

This post has been edited by dominicp: Wed, 16 Aug 2006 - 14:32
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