Divisional Court Cases
| Date | 01 January 1962 |
| Published date | 01 January 1962 |
| DOI | 10.1177/002201836202600103 |
| Subject Matter | Article |
Divisional Court Cases
WAITING
IN
RESTRICTED STREETS
Clifford-Turner v. Waterman
THE above decision (The Times,25 October, 1961) is of some
importance to all motorists using London streets where
waiting is restricted by
the
London Parking Zones (Waiting
and Loading Restrictions) Regulations 1960. (S.1. 1960 No.
594).
In
the present case
the
appellant was appealing by case
stated from his conviction by a Metropolitan magistrate for
breach of Regulation 3 of the above Regulations the material
terms of which
are-
"N
0person (other
than
aperson licensed to sell goods
from a stationary pitch) shall cause any vehicle to wait
in any restricted street during the prescribed hours except
for
the
purpose of delivering or collecting goods or
merchandise or loading or unloading
the
vehicle at
premises situate within
the
street."
A"restricted street" is one of many streets specified in
the
First Schedule to the Regulations.
The
facts found by the magistrate were
that
the
appellant
had
collected his car from a garage and had driven it to
the
building in a restricted street in which was the flat in which
he and his family resided.
He
then
entered
the
building with
a parcel leaving his car standing in
the
street. Five minutes
later he returned to his car accompanied by his wife and carry-
ing two parcels. On arrival at his car he was stopped by a
traffic warden who alleged
that
the appellant had caused
the
vehicle to wait in the street in breach of regulation 3.
In
answer to this charge
the
appellant relied on regulation 4
which provides
that-
"Nothing
in regulation 3 of these Regulations shall apply
(a) so as to prevent any person from causing or permit-
ting a vehicle to wait for so long as may be necessary to
enable any person to board or alight from
the
vehicle."
The
magistrate held
that
the above provision was inap-
plicable to
the
facts of the present case and
the
Divisional
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