Unless an authority which makes a traffic control order complies with the requirements imposed on the making of such an order and the publication of the order is adequate, any offence which it purports to create cannot be effectively prosecuted.
Lord Clyde said: ‘It was an integral part of the statutory scheme for a traffic regulation order that notice by means of traffic signs should be given to the public using the roads which were restricted so as to warn users of their obligations. Unless these traffic signs were there accordingly and the opportunity was thus afforded to the public to know what they could not legally do, no offence would be committed. It would, indeed, be anomalous and absurd were the position otherwise.’
Lord Migdale said: ‘the order is not effective unless and until the council complies with Regulation 15(c) and erects road signs at the locus. Signs were erected but they were not the proper ones nor were they clear.’
Judges:
Lord Clyde, Lord Migdale
Citations:
[1965] SLT 305, 1965 SLT 305
Jurisdiction:
Scotland
Cited by:
Applied – James v Cavey QBD 1967
The council introduced regulations restricting parking at a site on alternate weeks between certain hours. The ‘no parking’ signes were covered over with an unrestricted parking sign when parking was permitted. The defendant parked and left his car . .
Cited – Herron and Another, Regina (on The Application of) v The Parking Adjudicator CA 27-Jul-2011
The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 25 November 2022; Ref: scu.442551
