In TSRGD2002 there was (I believe for the avoidance of any doubt) an exception to waiting restrictions and loading restrictions given for setting down and picking up passengers. (Direction 22)
I cannot find any similar reference in TSRGD2016 although there are suitable exemptions for clearways relating to buses / taxis
Have I missed the reference or are we reliant on case law to define -Waiting- Loading and Stopping
I think it has always depended more upon what is in the actual traffic order, although the previous TSRGD did specifically allow setting down in a bus lane, which the present one doesn’t. However, you cannot enforce against someone stopping to set-down or pick up unless there are “no stopping” or clearway signs, but even then there are the exemptions you refer to in TSRGD. An authority has to provide signs that give “adequate guidance” of the underlying order.
Bus stop clearways (and entrance markings) need a fuller description in TSRGD itself as to what is allowed, as there probably will not be a traffic order to refer to.
I’ll have a more detailed look next week at the difference between the old regs and the new ones in this regard.
You are right that TSRGD no longer defines the terms ‘waiting’ and ‘loading’, leaving it as you say to case law and to other statutory documents, such as the Highway Code. I think as there are separate markings for ‘waiting’, ‘loading’ and now ‘stopping’ (red line) prohibitions in TSRGD, no court or adjudicator would be likely to take the view that a yellow line and/or yellow no waiting plate could possibly be considered to give the required ‘adequate guidance’ of a loading or stopping restriction.
But it would be nice if the terms used in TSRGD were properly defined.