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NI loading / unloading defence — genuine loading on yellow lines

Loading and unloading concessions in NI mirror but do not exactly replicate the English position. The NI Highway Code and DfI guidance permit loading/unloading on yellow lines unless 'No Loading' kerb-blip markings are present and there are accompanying signs (NI sign 638.1A or similar). Genuine continuous loading activity (not merely passenger pick-up) is a defence. The motorist must produce delivery notes / commercial documentation.

Legal basis

Road Traffic Regulation (Northern Ireland) Order 1997 (SI 1997/276 (N.I. 2)) — the traffic regulation order imposing the waiting/loading restriction; Traffic Signs Regulations (Northern Ireland) 1997 (SR 1997/386) — kerb markings and signs indicating a loading ban; Department for Infrastructure guidance / the Highway Code on loading and unloading

How to identify this in your case

Check kerb for blip-marks (no loading) and presence of NI sign. If blips/signs absent, loading is permitted. Keep delivery notes.

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.

Dear Sir/Madam, Re: PCN [PCN_NUMBER] On [DATE] at [TIME] my vehicle was [actively loading/unloading] [GOODS] at [LOCATION] (delivery note attached). The kerb at this location does not bear 'no loading' blip markings and no sign prohibiting loading is in place. Under the DfI Highway Code (NI) and the principle that loading on yellow lines is permitted absent specific prohibition, the contravention is not made out. Please cancel. Yours faithfully, [NAME]

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Sources

  • legislation.gov.uk/nisi/1997/276
  • legislation.gov.uk/nisr/1997/386
  • nidirect.gov.uk — Highway Code

Related appeal grounds

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