Leader of Sunderland Council admits Loading Bays behind zig zags are illegal

In June of this year I reported on the illegal and dangerous road markings at a location in Sea Road, Sunderland here

It had been the subject of a complaint going back to 2007 when John Munns from the Department for Transport had confirmed:

" Traffic signs on any road to which the public has access, including private roads, must conform to the Traffic Signs Regulations and General Directions 2002 and pedestrian crossing must conform to the Zebra, Pelican, and Puffin, Pedestrian Crossings Regulations and General Directions 1997 (SI 1997;2400).

The combination of these regulations is not always obvious but we now understand that the zig zag should always follow the kerb-line including into any bays . Loading bays minimum width in TSRGD is 2.7m - unless it conform entirely to diagram 1032 in TSRGD. The Signs regulations always have the "loading only" legend outside the bay - authorised exceptions are very , very, raree. (sic)."

Below is the email from the Leader of Sunderland City Council after he, and the Secretary of State was put on notice that their failure to act in relation to unlawful signing at pedestrian crossings at this, and other locations in Sunderland could result in a fatality.

As I write this no action has been taken to correct the restrictions and markings on the highway and the location is illegal and dangerous.

On Saturday 17th October 2009 a 12 year old Sunderland boy was killed at a pedestrian crossing at a location in Sunderland. There are parking bays and a Bus Stop Clearway in the controlled area BEHIND the zig zags.

Perhaps the apologists for councils dumbing down signing law will now realise what happens if you allow councils to chant the mantra ... 'no reasonable person could be misled by the meaning of the sign.'

Look at the bays above. No-one could be misled by the words 'Loading Only.'

Look at the bays on the left with a big 'P' sign next to them. No-one could be 'misled' as to what it means BUT THIS IS ILLEGAL!

THE REALITY IS THAT THEY DO NOT COMPLY WITH THE LAW AND SUCH INTRANSIGENCE, RECKLESS INDIFFERENCE AND MISCONDUCT BY COUNCIL OFFICERS TOWARDS THEIR LEGAL RESPONSIBILITIES MUST BE STOPPED IMMEDIATELY AND THOSE RESPONSIBLE DISMISSED AND PROSECUTED.

neil@parkingappeals.co.uk
Date:
25th August 2009
Our ref:
9/F1/NS
Your ref:

Dear Mr Herron
SEA ROAD, FULWELL
I refer to your email of 26th April 2009 regarding the above.

I do not accept your assertions about the way in which the Council is treating this matter.
The traffic management arrangements at this location were the subject of public consultation and were introduced to help regulate the use of the highway in such a way as to provide a safe and serviceable environment in which the many competing uses of the available highway space can thrive.

Officers have informed me that the Police have not recorded any injury accidents at this location in the last 15 years.

This is a remarkably good accident record and is significantly lower than that which could be expected in a busy urban residential and shopping area. This situation is monitored on an ongoing basis by officers.

In addition, there are no complaints from residents, visitors and local businesses about the operation of the highway at this part of Sea Road.

The signing and layout at Sea Road has been reviewed and it is recognised that it is not consistent with current regulations. However, due to the success of the scheme introduced, and the potential disadvantages of making alterations, any change needs careful consideration.

Following a risk assessment and a consultation with the Department for Transport, the ‘zig-zag’ markings are to be amended, as is the signing of the loading bays.

Yours sincerely

Councillor Paul Watson
Leader of the Council
Direct Line
0191 561 1322
E-mail
cllr.paul.watson@sunderland.gov.uk

AT THE TIME OF POSTING I HAVE YET TO RECEIVE A RESPONSE FROM THE SECRETARY OF STATE FOR TRANSPORT, LORD ADONIS.