Road Traffic Act 1988

19 Prohibition of parking of HGVs on verges, central reservations and footways. E+W+S

(1) Subject to subsection (2) below, a person who parks a heavy commercial vehicle (as defined in section 20 of this Act) wholly or partly—

(a) on the verge of a road, or

(b) on any land situated between two carriageways and which is not a footway, or

(c) on a footway,

is guilty of an offence.

(2) A person shall not be convicted of an offence under this section in respect of a vehicle if he proves to the satisfaction of the court—

(a) that it was parked in accordance with permission given by a constable in uniform, or

(b) that it was parked in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency, or

(c) that it was parked in contravention of this section but the conditions specified in subsection (3) below were satisfied.

(3) The conditions mentioned in subsection (2)(c) above are—

(a) that the vehicle was parked on the verge of a road or on a footway for the purpose of loading or unloading, and

(b) that the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been parked on the footway or verge, and

(c) that the vehicle was not left unattended at any time while it was so parked.

[F1 (3A) The Secretary of State may by regulations provide that, in relation to vehicles of such classes as may be specified in the regulations, subsection (1) above shall not apply or shall apply subject to such conditions as may be so specified.

(3B) In England and Wales, the council of a county, district or London borough or the Common Council of the City of London may institute proceedings for an offence under this section committed in relation to the verge of a road, land or a footway in their area.]

(4) In this section “carriageway” and “footway”, in relation to England and Wales, have the same meanings as in the M1 Highways Act 1980.

Textual Amendments

F1 S. 19(3A)(3B) inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(b), Sch. 2 Pt. II para. 21 (which para. 21 was repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch., Appendix).

Modifications etc. (not altering text)

C2 S. 19 excluded (temp.) (E.W.) (1.10.1991) and (S.) (prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 43, 76(3)(e), 84, Sch. 3 para. 2(4)(d); S.I. 1991/2054, art. 3, Sch.

Marginal Citations

M1 1980 c. 66.

19 Prohibition of parking of HGVs on verges, central reservations and footways. E+W+S

(1) Subject to subsection (2) below, a person who parks a heavy commercial vehicle (as defined in section 20 of this Act) wholly or partly—

(a) on the verge of a road, or

(b) on any land situated between two carriageways and which is not a footway, or

(c) on a footway,

is guilty of an offence.

(2) A person shall not be convicted of an offence under this section in respect of a vehicle if he proves to the satisfaction of the court—

(a) that it was parked in accordance with permission given by a constable in uniform, or

(b) that it was parked in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency, or

(c) that it was parked in contravention of this section but the conditions specified in subsection (3) below were satisfied.

(3) The conditions mentioned in subsection (2)(c) above are—

(a) that the vehicle was parked on the verge of a road or on a footway for the purpose of loading or unloading, and

(b) that the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been parked on the footway or verge, and

(c) that the vehicle was not left unattended at any time while it was so parked.

(4) In this section “carriageway” and “footway”, in relation to England and Wales, have the same meanings as in the M2 Highways Act 1980.

Marginal Citations

M2 1980 c. 66.