Road Legal

Parking

HGV drivers often struggle to find the space to park their vehicle safely and legally before they unload their trailer for a delivery.

This is especially the case when the load’s destination is a small premises or a business in a city that does not have adequate parking  facilities.

The Road Traffic Regulation Act (1984) first enabled councils to enforce certain parking acts. These were then dealt with and action taken through the criminal court system.

The Road Traffic Act (1988) has a section on stopping on verges or in dangerous positions that outlines what is deemed to be an offence for HGV drivers.

But it was the Road Traffic Act (1991) that brought about  a number of key changes, including decriminalizing parking offences and bringing them within the civil enforcement system.

See the independent Traffic Penalty Tribunal's website for information on how to appeal against parking penalties.

London

Nowhere in the UK is the problem of parking, loading and unloading more acute than in London. The Freight Transport Association has campaigned for the improvement of loading and unloading facilities in the capital for some time and it has produced a code of practice document, London: loading/unloading, to be used as a training tool for anyone involved in the delivery and service areas. It is aimed specifically at delivery staff, traffic authorities and parking attendants.

According to the document, the term ‘parking’ is generally used when referring to restrictions and enforcement processes. However, the rules for loading/unloading and for parking are different. Therefore, clarification of what constitutes loading/unloading is very important.

The FTA says it is also concerned by the number of Penalty Charge Notices (PCNs) that have been issued in recent years by London parking attendants. In 2004 the trade association says its members reported a 78% increase in the number of PCNs issued by the London boroughs in just 12 months.

It also says there is an inconsistency to the approach made by each borough to loading and unloading. It has produced a map for operators to find out more about the boroughs’ policies.

In addition, the FTA has complained recently about the loading and unloading 20-minute rule and called for it to be brought up to date with a 60-minute, 24/7 limit introduced instead.

Parking issues elsewhere

But parking and loading problems don’t just exist in London. The Transport and General Workers Union has told the government that the entire haulage industry is in need of more safe parking and driver rest facilities. At the Road Haulage Forum in June 2005 the then Transport Minister Dr Stephen Ladyman said the Department for Transport would look at the issue but he admitted that a lack of available public funding could prevent a solution being put in place. Six months later, at the next Forum meeting, Ladyman said he had met with motorway service operators to discuss the issues. See Forum meeting notes for more information.

More sources of information

The Health & Safety Executive (HSE) website contains information on delivering safely. The HSE has also published a document for operators involved in the delivery and unloading of steel stock, which highlights the planning and practical precautions that should take place in this line of work.

The Highways Agency offers a free guide to truckstops, which lists more than 100 truckstops situated near motorways and A-roads in England and provides information on the locations of cafes, accommodation and cash points.

The website www.transportcafe.co.uk also provides lists of available transport cafes, truck stops and lorry parks for HGV drivers.

Points to ponder

The HSE says that within the haulage industry almost all deaths at work arise from just four types of accident and most during loading and unloading vehicles. These are:

• Being struck by a moving vehicle
• Falling loads
• Falls from vehicles
• Collapsing or overturning vehicles

It advises carrying out risk assessments and has produced a guide for operators, Health and Safety in Road Haulage, which includes information and advice on how to manage work-based risks and the legal consequences involved.