Camera van parking

Steve Toomer made this Freedom of Information request to Wiltshire and Swindon Safety Camera Partnership
This authority is not subject to FOI law, so is not legally obliged to respond (details).


This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Sir or Madam,
Is it correct or lawful for you to park on... 1, private land. 2, in a bus stop pull in. 3, On a road clearly marked as a clear way, all 3 clearly defined in the highway code, operating your equipment to record motoring offences and then impose a penalty notice if you think an offence has been committed while being parked in the 3 mentioned places above.

Yours faithfully,

Steve Toomer

Allen, David,

1 Attachment

Freedom of Information Officer

Wiltshire & Swindon

Safety Camera Office

PO Box 3025

DEVIZES

SN10 9AH

Telephone: 01380 731484
Facsimile: 01380 731483

Reference: FOI/SCU367/2009/01 Date: 31 July 2009

Dear Mr Toomer

I write in connection with your request for information dated 21 July 2009
concerning the location/positioning of Safety Camera Enforcement Vehicles.

You requested:

Is it correct or lawful for you to park on...

1. Private land.
2, in a bus stop pull in.
3, On a road clearly marked as a clear way, all 3 clearly defined in the
highway code, operating your equipment to record motoring offences and
then impose a penalty notice if you think an offence has been committed
while being parked in the 3 mentioned places above.

In answer to your request, I have enclosed below, a statement from the
Acting Manager of the Safety Camera Unit.

Dear Mr Toomer,

In relation to Safety Camera enforcement in the Wiltshire & Swindon area:

1. Entering on to, and remaining on private land would generally be
conditional on obtaining the permission of the land owner. Presumably the
presence of a Safety Camera vehicle on private land would only become an
issue if the owner took exception to it in which case it might amount to a
civil trespass. I am not aware of any situations where this would apply at
present.

2. There is a clear distinction to be made between lay-bys which
incorporate bus stops and bus stop clearways. In the former case any
vehicle may stop and park subject to any other conditions which apply,
whereas in the latter case vehicles other than buses are prohibited from
stopping during the specified period. In practice Safety Camera vehicles
may be deployed in lay-bys but not in bus stop clearways.

3. With regard to Clearways in general, under Section 5 (1) Road Traffic
Regulation Act 1984, it is an offence for a person except upon the
direction or with the permission of a police constable in uniform to cause
or permit any vehicle to wait on any of those main carriageways forming
part of a 'specified trunk road' (The vehicle must not be on the
carriageway, it may stop in a lay-by or completely on the verge).

There are several exemptions to that specific regulation, notably for
fire, police or ambulance purposes. Safety Cameras in Wiltshire & Swindon
are operated by the police.

N W Blencowe
Acting Inspector, Safety Camera Unit.

In conclusion, I am satisfied that all the relevant information has been
passed to me, and been considered in the light of your request, within the
time constraints applicable under the legislation.

You have the right to complain about the way in which your request for
information was handled and/or about the decision not to disclose all or
part of the information requested.

Your complaint will be acknowledged and you will be advised of a target
date by which to expect a response. Initially your complaint will be
re-considered by the official who dealt with your request for information.
If, after careful consideration, that official decides that his/her
decision was correct, your complaint will automatically be referred to a
senior independent official who will conduct a further review. You will be
advised of the outcome of your complaint and if a decision is taken to
disclose information originally withheld, this will be carried out as soon
as possible.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

[1]Picture (Metafile)

David Allen
Freedom of Information Officer

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Steve Toomer left an annotation ()

Thanks for the reply, I have a couple of queries regarding a camera van parking, 1, in a lay-by when parked for speed detection do you not need a trading licence as you are making a profit when you issue a fixed penalty notice when an offence is detected at a site such as this. 2, If a vehicle was to park in a way to obscure the speed camera from being able to monitor traffic would that vehicle be obliged to move, if so, why, as it is designated a lay-by for parking anywhere within the lay-by area.

Dickie Hart left an annotation ()

Dear Steve,

Having read the above, I do not feel that you have been answered correctly or in full, It is admitted that parking restrictions are in force on bus stop clearways, They go on to explain parking in a lay-by, but not on bus stop clearways, your question re parking or stopping on police Etc duties, skirting the question re-bus stop clear ways. would you not agree ?