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#3531
AvatarRyan Boyd
Keymaster

Hi Driz
This problem is raised quite often. To answer your actual question, the place in TSRGD where is says what road markings may be used within a zebra controlled area is in its definition in Schedule 1 on page 36. As you rightly say, the controlled area only applies to the carriageway, but the definition prevents ‘incompatible’ signs and markings being placed “in or near” the area. I don’t think the issue of “how near is near?” has ever been tested in any widely available judgement or adjudication. Arguably it could prevent yellow lines being butted up to the end of the zig-zags, as they commonly are. If you can argue that the footway (being wide) is not particularly ‘near’ the controlled area, then go ahead with your double yellow on it. If you were planning to put it on the carriageway though, I would advise against doing so.

However, the advice I have given to authorities previously on this issue is just to make the no waiting at any time order that applies to length of road in question (and, as you say, show it on any map-based schedules or by means of the start and end points in a text-based one). The correct way to sign and mark such an order within a zebra controlled area is … nothing at all! But that does not invalidate the order. A traffic authority is perfectly entitled to make such an order, it has been correctly made and signed in accordance with TSRGD and TSM. Therefore the no waiting order is enforceable across the entire width of the highway, notwithstanding the lack of signing.

It would also be prudent to put in your evidence to the adjudicator if anyone appeals on the grounds of inadequate signing, that it is impossible to place a vehicle on the footway in question without committing the criminal offence of driving on a footway. Add that it would be unreasonable to expect a traffic authority to provide signing that was only for the benefit of people intending to commit a criminal offence.

A number of authorities are doing what I have outlined above, as far as I am aware without ever having lost an appeal on this point.

Hope that helps,
Simon