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Old 20-03-2018, 13:11 Thread Starter
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Motorhome Parking Ban Exmouth seafront.

Devon County Council has issued a TRO banning motorhome parking along various parts of Exmouth seafront.: Having read previous posts re Rother Council I cannot see how this is legal. Have spoken to the local council who tell me that there was an update to the relevant laws to specify Motorcaravans. Any ideas? Have only just seen this & the closing date is 22nd March 2018. Not very well advertised, strange that.

Devon County Council (Exmouth Seafront)
(Prohibition of Motor Caravans & Various Restrictions) Amendment Order
Devon County Council propose to make this order under the Road Traffic Regulation Act 1984 to introduce in EXMOUTH
No Waiting At Any Time in specified lengths of Maer Road & Queen’s Drive (eastern spur);
Pay & Display (Tariff Exmouth B) all days 24 hrs: 1st Apr-30th Sep inc bank hols 1 hour £1.10, 2 hours £2.20, 4 hours £4.40, 8 hours £6.60, 24 hours £11, 1st Oct-31st March inc bank hols excl Christmas Day 1 hour 60p, 2 hours £1.50, 4 hours £3, 8 hours £3.80, 24 hours £6.60 in specified lengths of Maer Road & Queen’s Drive (eastern spur);
Prohibition of Motor Caravans At Any Time in specified length of Queen’s Drive;
Prohibition of Motor Caravans 8pm-midnight & midnight-8am in specified lengths of Imperial Road, Maer Road & Queen’s Drive (eastern spur);
Disabled Badge Holders At Any Time in specified lengths of Queen’s Drive (eastern spur).
Draft order, plans & statement of reasons may be seen during usual office hours at the address below in main reception & Mon/Tue/Thu/Fri 9am-6pm, Sat 9am-4pm at Exmouth Library. Draft order, order being amended & statement of reasons at devon.cc/tro from 1st March until 22nd March.
Objections & other comments specifying the proposal & the grounds on which they are made must be in writing to the address below or via devon.cc/tro to arrive by 22nd March 2018. Receipt of submissions may not be acknowledged but those received will be considered. A reply will be sent to objectors if the proposal goes ahead. If you make a submission this will form part of a public record which may be made publicly available.
1st March 2018
reference IMR/B15044-5651
County Solicitor, County Hall, Topsham Road, Exeter EX2 4QD
Statement of Reasons
Following discussion with Exmouth Town Council and East Devon District Council, parking facilities for Motor Caravans will be made available in off street car parks. To encourage Motor Caravans into the new facilities it is proposed to make an order to prohibit overnight parking for Motor Caravans along Imperial Road, Maer Road and Queen’s Drive spur road and to prohibit Motor Caravans at Any Time along sections of Queen’s Drive.
To provide additional parking capacity during the summer months it is also proposed to introduce Pay & Display parking along sections of Maer Road. Additional sections of No Waiting at Any Time are also proposed on Maer Road to prevent obstructive parking.
Specifically, the order is for preserving or improving the amenities of an area through which the road runs.

Dave.
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Old 20-03-2018, 17:12
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Surely they must give more notice than this, 21 days effectively.
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Old 20-03-2018, 17:57 Thread Starter
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Yes it is a very short timescale especially as I have been on holiday, the DCC website states that the order can be viewed & commented upon for at least 21 days.

Dave.
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Old 20-03-2018, 18:03
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I'm not up on such things but there must be rules they have to follow, not just whack out mandates with little or no opportunity to appeal or comment.
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Old 20-03-2018, 19:19 Thread Starter
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Quote:
Originally Posted by Kev_n_Liz View Post
I'm not up on such things but there must be rules they have to follow, not just whack out mandates with little or no opportunity to appeal or comment.
Opportunity is stated here: Objections & other comments specifying the proposal & the grounds on which they are made must be in writing to the address below or via devon.cc/tro to arrive by 22nd March 2018.

Dave.
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Old 21-03-2018, 10:11
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Ask them specify EXACTLY what LEGAL definition of “Motor caravan” they are using and where you might find that legal definition. Point out the fact that motorhomes have never had a legal definition and are (by legal definition) just a motor car. If they say they have come up with their own definition demand to know under what particular statute they have the legal power to do so. Don’t be fobbed off, they will try and waffle, stick at it and insist on them proving to you they have the power to do what parliament has failed to (define a “Motor caravan”) it’s a bit like a “Scooter” (Think Vespa or Lambretta) everyone CALLS them scooters, but by legal definition they are in fact “Motor bicycle” So the council could not legally ban a Scooter, because legally, there is no such thing, same with motorhomes.

There is NO legal definition of a motor home they are, by legal definition,in the Con and Use Regs, merely “motor cars” the same as there is no legal definition of caravan, they are simply a trailer.

Good luck and keep us all posted.

Andy

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It's who you share the journey with (even if like me, it’s in a caravan!)
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Old 21-03-2018, 20:39 Thread Starter
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Quote:
Originally Posted by Mrplodd View Post
Ask them specify EXACTLY what LEGAL definition of “Motor caravan” they are using and where you might find that legal definition. Point out the fact that motorhomes have never had a legal definition and are (by legal definition) just a motor car. If they say they have come up with their own definition demand to know under what particular statute they have the legal power to do so. Don’t be fobbed off, they will try and waffle, stick at it and insist on them proving to you they have the power to do what parliament has failed to (define a “Motor caravan”) it’s a bit like a “Scooter” (Think Vespa or Lambretta) everyone CALLS them scooters, but by legal definition they are in fact “Motor bicycle” So the council could not legally ban a Scooter, because legally, there is no such thing, same with motorhomes.

There is NO legal definition of a motor home they are, by legal definition,in the Con and Use Regs, merely “motor cars” the same as there is no legal definition of caravan, they are simply a trailer.

Good luck and keep us all posted.

Andy
Thanks for the info Andy, have done as suggested.

Dave.
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Old 22-03-2018, 13:41
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Quote:
Originally Posted by Mrplodd View Post
Ask them specify EXACTLY what LEGAL definition of “Motor caravan” they are using and where you might find that legal definition.
Andy
Isn't the fact that on your V5 document your MH is specified as 'Motor Caravan' going to be their argument back?


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Old 22-03-2018, 15:32
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Good point, not sure how much DVLAs description would have legally, it is more of a descriptive for RFL purposes I think.
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Old 22-03-2018, 19:14
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Quote:
Originally Posted by Kev_n_Liz View Post
Good point, not sure how much DVLAs description would have legally, it is more of a descriptive for RFL purposes I think.
Correct!!

There are in fact very few actual legal definitions of vehicles (lots of types, but that ain’t the same)

A motor caravan is a motor car. A council cannot just ban a motor caravan, just like they cannot ban a red car, or a blue estate car, or one with fluffy dice hanging from the rear view mirror etc etc. They can put up a sign but would have huge difficulty if someone (like me) decided to fight any prosecution.

Andy

Its not the destination that matters.

It's who you share the journey with (even if like me, it’s in a caravan!)
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