School Keep-Clear Zig-Zags With No Upright Sign Are Advisory Only
The yellow 'SCHOOL KEEP CLEAR' zig-zag marking on its own is only advisory — the law says that without an accompanying upright no-stopping sign it merely 'indicates a part of the carriageway outside an entrance where vehicles should not stop'. It only becomes a legal prohibition, enforceable by a code 48 PCN, when an upright sign with the no-stopping symbol is placed in conjunction with it (or where a separate traffic order covers the spot).
Legal basis
Traffic Signs Regulations and General Directions 2016 (SI 2016/362), Schedule 7 Part 6 paragraphs 2 and 3 — marking at Part 4 item 10 (diagram 1027.1) is advisory without, and prohibitory only with, an upright sign including the symbol at item 10 of the sign table in Part 3 of Schedule 4
How to identify this in your case
Return to the school entrance and look for an upright yellow no-stopping sign on a post beside the zig-zags (typically 'No stopping' with times, the school-specific plate). Photograph the whole length of the zig-zag marking from both directions showing the absence of any such sign, plus where your car stood. If the council's response relies on a traffic order instead of a sign, ask them to produce it — many school markings have neither.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.
I am appealing this penalty charge issued under contravention code 48. Under Schedule 7 Part 6 paragraph 2 of the Traffic Signs Regulations and General Directions 2016, the 'SCHOOL KEEP CLEAR' road marking, when not placed in conjunction with an upright sign including the prescribed no-stopping symbol, merely indicates a part of the carriageway where vehicles should not stop — it conveys no prohibition. At this location there was no such upright sign in conjunction with the marking, as my enclosed photographs show. I therefore put the authority to strict proof either that a compliant upright sign was in place at the date of the alleged contravention, or that a traffic regulation order prohibiting stopping at this location was in force and adequately signed. Absent such proof, no contravention occurred and I ask that the penalty charge be cancelled.
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Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings