AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 10/17/2007 Subject: parking of boats on a public road
Question can you clarify if it is legal to park a boat and trailer, overall length including overhang, 20 ft, on a road for an indefinite period? Further, should the propeller be properly covered so as not to injure anyone coming into contact with it?
Answer 1
The Road Traffic Act 1991 introduced provisions into the Road Traffic Act 1988 making new offences, applicable to the state of loads on vehicles. These provisions reflect the seriousness with which the safety of loads on vehicles is now viewed.
Legal requirements and common sense require that all loads carried on vehicles are secured, whatever the journey. This is to protect the people involved in loading, unloading and driving the vehicle, together with other road users and pedestrians.
This Code of Practice is not restricted only to the load being carried by the vehicle; it also covers any equipment on the vehicle such as loader cranes, landing legs, tailgates etc. All of these must be stowed and secured to manufacturer instructions so not to be a danger to other road users and pedestrians.
Regulation 40A of the Road Traffic Act1988 introduced by the Road Traffic Act 1991:
A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:
1. The condition of the motor vehicle or trailer, or of its accessories or equipment, or
2. The purpose for which it is used, or
3. The weight, position or distribution of its load, or the manner in which it is secured, is such that the use of the motor vehicle or trailer involves a danger of injury to any person.
2
Some Local Authorities have enacted Amendment Orders, which ban the parking of boats or boat trailers.
3
If you park your boat trailer on a public road it must be properly immobilised (a handbrake, chain, wheel chock or similar). Between sunset and sunrise it must also be adequately lit all round (including the number plate and, despite the absence usually of position lamps there, at the front). You cannot legally park your outfit in two adjoining parking meter bays or the trailer itself in one. Parking your boat trailer in your front garden may require the approval of the local authority. You should have no problem using the back garden, but check your house deeds or lease first just in case.
