Safe Speed Forums

Just a simple question (me thinks)!

We all (I assume) know that a signposted and designated "Clearway" is a road that means "no stopping allowed" except in an emergency as per the Highway Code.

The question is if the "Clearway" has a hard shoulder that is similar to a motorway does it mean that this hard shoulder is part of the designated "clearway" and should be treated as a "no stopping " zone the same as on a M/way except in an emergency?

Could someone please verify the legal position on this (possibly a BiB).

_________________
"There But For The Grace of God Go I"

"He Who Ain,t Made Mistakes Ain,t Made Anything"

Spannernut

I think you have answered your own question by calling it a "hard shoulder" if it wasn't then it would merely be a parking lane as you sometimes find on DCs that go through villages.

It is there so that broken down vehicles don't cause an obstruction and so that emergency vehicles can get to the scene of an accident or whatever quickly, it is not there for someone to eat their lunch or make a phone call (other than in relation to a breakdown, of course)

I understand what you mean about the hard shoulder but the answer I really wanted was as this "hard shoulder" is painted red as on motorways does it constitute part of the "Clearway" as in "no stopping" as you say for a nap or to make a phone call "except in an emergency"?

A tricky one I think!

When I get a definitive yeah or neah on the legality of the "hard shoulder" I will explain more why I am asking the question!

Thanks

_________________
"There But For The Grace of God Go I"

"He Who Ain,t Made Mistakes Ain,t Made Anything"

Spannernut

Well look at it this way, why mark it as a clearway if you want people to be able to stop there. Take away the clearway signs and you aren't suddenly going to get people stopping in L1, they will use the "shoulder". Therefore the clearway sign must affect the shoulder.

I'm sorry but it seems pretty obvious and clear cut to me.

Point taken as you say and I agree with your reply and now the question is quite simply this!

If this is a "Clearway" as we both agree it appears to be such, then why do the local mobile speed camera units + two police traffic cars stop on the "hard shoulder" to check for speeding drivers + stop and issue FP notices for prosecutions?

If this is designated as a "Clearway" they most certainly should be upholding the law and not issuing prosecution notices to errant drivers or do the police have a dispensation to park their camera units anywhere they choose even on a "Clearway" as this to me means double standards.

I have always accepted the fact that to enforce the law they must first show compliance of the law themselves before ensuring that the public comply with the law as this appears to be a case of do as I say and not what I do.

_________________
"There But For The Grace of God Go I"

"He Who Ain,t Made Mistakes Ain,t Made Anything"

Spannernut

In all probability they're acting perfectly legally - if you were to check the traffic order for the clearway it will almost certainly include exemptions for "vehicles used for: police, fire and ambulance purposes; in connection with the maintenance of the highway or associated equipment; for the recovery of broken down vehicles" - this may not be the exact wording but it will be something along these lines.

If there's a camera van and traffic cars present at the same time, then it sounds more like an ANPR setup than a speed trap...

_________________
Chris