My name is Andy Strangeway. I first became aware of illegal No Overnight Parking signs across the Highlands of Scotland between 2003 and 2007, when I successfully undertook a challenge to become not only the first person to land but also to sleep on all 162 Scottish Islands which are 40 hectares and above in size.
In late 2011 I started to challenge the legality of these signs. Firstly, I successfully campaigned to have all such signs removed from the Trunk Road network which is the responsibility of Transport Scotland. This was followed by an additional campaign to have all such signs removed from roads which The Highland Council are responsible for. By September 2012 I had been successful in removing over 300 No Overnight Parking Signs from the Highlands.
In late 2013 I decided it was time to challenge the anti-motorhome policies of Lincolnshire County Council.
- Entick v Carrington
As per Entick v Carrington (1765) the state may do nothing but that which is expressly authorised by law, while the individual may do anything but that which is forbidden by law.
- Fifteen Yard Rule
Under Section 34(3) of the Road Traffic Act 1988:
“It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.”**
I highly recommend that all Local Authorities give consideration as to how this will affect any Order they introduce.
In effect, an Order may be introduced to prevent overnight parking in a lay-by at great expense but the motorist can park either side of the lay-by as per Section 34(3)
** NB: This applies to the “grass verge” NOT private property.
- Legal Signs – For a road sign to be lawful it must be contained in the TSRGD2002 or approved by the Secretary of State.
Signs stating “overnight” on the public highway are always unlawful.
All traffic signs placed on a highway or on a road to which the public has access (right of passage in Scotland), as defined in section 142 of the Road Traffic Regulation Act 1984 and amended by the New Roads and Street Works Act 1991, must be either prescribed by Regulations or authorised by the Secretary of State for Transport (for installations in England), the Department for Regional Development(Northern Ireland), the Scottish Executive or the Welsh Assembly Government as appropriate.
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