DaveNewcastle
Established Member
Mr Alexander has lived in Barons Court in Hammersmith and Fulham for many years, and drives his car in and out of his road onto the busy dual carriageway nearby. He was issued with a Fixed Penalty notice after being photographed performing the same manoever he's undertaken for years- a 3-point turn. There are signs prohibiting U-turns.
He appealled, to the Parking & Traffic Appeals Service, and lost. He appealed to the adjudicator, and lost. He applied for permission for a Judicial Review, and was granted the JR. He claimed in the High Court in February that the 3-point turn was not a U-turn, and that the signage was inadequate, that a sign without a corresponding Traffic Management Order causes confusion, and that the declared purpose of the local scheme did not include his circumstances.
The local authority conceeded that the RTRA does not describe how a turn should be performed and argued that there is no sign available to them which specifies a 3-point turn.
There was a thorough analysis in Court of the available regulations and orders, and on the scope of regulation over direction of travel and manoevers, though no source of authoritative guidance could be found.
Judge Kyser QC has now ruled that the 'no U-turn' sign should be interpreted as including a prohibition on 3-point turns. This decision will be binding on any future uncertainty about the sign.
He appealled, to the Parking & Traffic Appeals Service, and lost. He appealed to the adjudicator, and lost. He applied for permission for a Judicial Review, and was granted the JR. He claimed in the High Court in February that the 3-point turn was not a U-turn, and that the signage was inadequate, that a sign without a corresponding Traffic Management Order causes confusion, and that the declared purpose of the local scheme did not include his circumstances.
The local authority conceeded that the RTRA does not describe how a turn should be performed and argued that there is no sign available to them which specifies a 3-point turn.
There was a thorough analysis in Court of the available regulations and orders, and on the scope of regulation over direction of travel and manoevers, though no source of authoritative guidance could be found.
Judge Kyser QC has now ruled that the 'no U-turn' sign should be interpreted as including a prohibition on 3-point turns. This decision will be binding on any future uncertainty about the sign.