Clearway Off-Hours Defence
A clearway only operates during the hours on its information plate. Article 40(2) of the Road Traffic (Traffic and Parking) Regulations 1997 says a vehicle may not be stopped or parked in a clearway "during the period indicated on the information plate" — so outside those hours the prohibition does not apply. Photograph the plate rather than relying on what clearway hours usually are; they vary. Two things to know before you rely on this. A clearway is marked by traffic sign RUS 010 at its start and again at its end with an "End/Críoch" plate, so check you were actually inside one. And inside the hours, article 40(3) makes the prohibition apply "notwithstanding any indication to the contrary given by means of another traffic sign" — a nearby parking sign will not save you during the clearway period.
Legal basis
Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), article 40. Article 40(1): "A clearway means a part of a roadway at the start of which traffic sign number RUS 010 [Clearway], accompanied by an information plate, is provided and at the end of which traffic sign number RUS 010 [Clearway], accompanied by an information plate containing the words 'End/Críoch', is provided." Article 40(2): "A vehicle may not be stopped or parked in a clearway during the period indicated on the information plate." Article 40(3): "Sub-article (2) shall apply notwithstanding any indication to the contrary given by means of another traffic sign." Traffic signs are currently prescribed by the Road Traffic (Traffic Signs) Regulations 2025 (S.I. No. 433/2025); the Road Traffic (Signs) Regulations 1997 are revoked (by S.I. No. 200/2024 reg 3(a), itself revoked by S.I. No. 433/2025 reg 3(a)) and are not relied on.
How to identify this in your case
FCN time-stamped outside clearway hours; photo of operational hours plate at start of clearway.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
To: [Issuing Authority] Re: FCN [NUMBER] - 'Parking on a Clearway' The clearway at [LOCATION] operates only during [HOURS - e.g. 0700-1000]. FCN timed [TIME] - outside operational hours. Under Art. 40 of S.I. 182/1997 a clearway is in force only during hours indicated on the accompanying information plate. Outside those hours, no clearway offence can be committed. Photograph of clearway sign and information plate enclosed. Cancel the FCN. Yours faithfully, [NAME]
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