Who is responsible for illegal traffic sign boards?
22 September 2015 06:35 pm
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I am confident everyone who reads this article will enhance their knowledge with regard to parking of vehicles and standing on roads where No Parking and No Parking & Standing sign boards are erected or exhibited on roads. On receipt of several requests from the motorists, attorneys-at-law and law enforcement officers, I decided to enlighten the Motorists and the road users with regard to the laws and regulations published in the Motor Traffic Act Section 237 read with Section 164 and the Motor Traffic Signs Regulations of 1984 published in the Govt. Gazette No. 444/18 dated 13-8-1987.
These regulations are identical with the regulations that have been approved at the Vienna Convention on November 8, 1968 and on the November 30, 1995. Sri Lanka is a signatory to convention for adaption of International Traffic Signs. These signboards are erected to ensure the smooth flow of traffic without any obstruction to road users.
In the year 2008 the Supreme Court in delivering the judgment in S.C. F. R. Case No. 297 / 2007 stated as follows regarding the prohibition of parking vehicles on certain principal roads: “We have noted that the Motor Traffic Act is the applicable law. In terms of Section 166(1) (a) of the Motor Traffic Act any prohibition or restriction of halting or parking of motor vehicles on a highway or part of a highway in any area has to be by order of the relevant local authority. It appears that the prohibitions of have been purportedly made by the Senior Superintendent of Police (Traffic) and not by the local authority being the Colombo Municipal Council. It is to be noted that in terms of Section 164(1) (a) of the Motor Traffic Act a Police officer not below the rank of Superintendent of Police or Assistant Superintendent of Police may affix traffic signs only for the “regulation of traffic”. Hence permanent boards that are now seen in most streets purportedly by order of the SSP (Traffic) are patently illegal and deny to the people the equal protection of law guaranteed by Article 12(1) of the Constitution
In the circumstances we make a direction in terms of Article 126(4) of the Constitution that such illegal signs be removed forthwith and proper orders be made if necessary, in terms of provisions of the Motor Traffic Act. In making such an order suitable arrangements should be made to permit the parking of vehicles at least on one side of the road at alternate times depending on the intensity of the movement of traffic.
The Registrar is directed to forward a copy of the judgment containing the directions made in terms of Article 126(4) of the Constitution to the IGP, the Attorney General and the Secretary Ministry of Defense.
Despite this order we continue to see numerous such illegal boards at various places in Sri Lanka.
01. Invalid Road Sign Boards on Our Roads
(A) The road signs NO Parking and NO Parking and Standing erected, exhibited or displayed on our roads in Sri Lanka is shown below:
These two Road Signs are all invalid, illegal and incorrect road sign boards and contravene the regulations gazetted and explained above at paras…. Published in the Government Gazette No. 448/18
dated 13-8-1987.
The Competent Authority referred to at para 10 are responsible for erecting, exhibiting or displaying these invalid or incorrect road sign boards on our roads. However, Law enforcement Officers are instituting actions against the Motorists for Parking vehicles at these places ( invalid signboards ) and the innocent Motorists have to either pay a spot fine of Rs.500/= or a Court
fine of Rs. 1000/=.
(B) These illegal detections and prosecutions have been continuing for the past several years and to date.
In case a motorist contests in Courts a case for such parking and on completion of Judicial Inquiry conducted under Section 17 of the Code of Criminal Procedure Act No. 15 of 1979 the motorist is discharged, the Police Officer who instituted action may have to pay a heavy penalty by way of costs and compensation to the motorist. Police Officers are therefore advised to refrain from instituting action against the motorists under these situations until authorized & Legal signs Boards are erected by the Competent Authorities.
02. Approved RoadSign Boards
The legal and approved No Parking and No Parking and Standing road sign boards are shown below.
It is the responsibility of the Competent Authority to erect, exhibit, or display the approved legal Road Sign Boards mentioned above in consultation with the relevant Local Authority, the Police and the Transport Authorities (M. T. Act Section 164) on our roads. Law Enforcement Officers are advised to make a note of the above legal Provisions
03. Introduction
1 Traffic signs that are erected, exhibited or displayed under Section 164 of the Motor Traffic Act have been categorized as (1) Danger Warning signs (2) Regulatory signs, and (3) Informative signs.
Regulatory Parking Sign with Panels
The Regulatory signs are categorized as Prohibitory, Restrictive, Mandatory and Priority Signs.
(a) A prohibitory sign shall convey to drivers of vehicles an order of Prohibition on a road or on a section of a road.
04. Panels with days of week and times
(a) Where the Competent Authority decides that Saturdays and Sundays may be exempted from the days on which such prohibition applies, that fact shall be indicated by affixing an additional panel below the signs at paras (i) and (ii) above
05. Parking prohibition applies to all vehicles
The above signs shall be placed on the side of the road where parking is prohibited or restricted. The signs placed, shall face the traffic on that side of the road approaching the sign. Other signs may be placed facing in the same direction as the first sign or one or more of such other signs may be placed with the plane of the face of the sign parallel to the general direction of movement of traffic and facing the carriageway. Where such boards are placed on any side of the road, the prohibition or restriction on parking shall apply to all vehicles moving along or using that road.
06. Competent Authority’s order to be displyed
On the reverse side of every traffic sign or notice placed or erected or exhibited in conformity with the Regulations that have been gazetted, the Competent Authority shall cause to be displayed in letters less than 15mm in height the official designation of the Competent Authority immediately preceded by the words “By Order of’ i.e RDA or CMC or Pro/RDA
07. Unauthorised sign boards
Road signs erected, exhibited or displayed on roads shall have the letters of the Competent Authority displayed on the reverse side of the sign as stated in para above, failure to do will result in such signboards being deemed to be invalid or unauthorized sign boards.
08. Temporary control sign boards by police
(i) A Police officer not below the rank of an Assistant Superintendent of Police in charge of a District for the purpose of any TEMPORARY REGULATION of traffic may, with the concurrence of the Local Authority, put up ONLY temporary boards for a specific period
(ii) A few hundred invalid road sign boards are seen in all parts of our country. Police are instituting action in courts as they are unaware of the correct and legal road sign boards.
(iii) Competent Authority should remove these invalid boards and replace with the legal and valid road sign boards.
09. Sign boards on roads/ private roads/ premises are unauthorised
No person shall erect, exhibit or maintain so as to be visible on a road or a private road any sign, notice or marking appearing to be intended for the guidance or information of road users without the prior approval of the Competent Authority . Under M. T. Act Section 164 (5), it is an offence Punishable under Section 224 of the Motor Traffic Act.
10. Competent Authority
Competent Authority - means the Authority in charge of the Roads and includes: -
(a) Road Development Authority (Roads A & B or AA or AB)
(b) Provincial Road Development Authority (Roads C, D & E Roads)
(c) Municipal Councils - Municipal Roads
(d) The Local Authority or Pradesha Sabah (for Local Authority and Pradeshiya Sabha Roads). M.T. Act Section 164.
11. Unauthorised advertisements on sign boards
Fix to a Traffic sign, to its support, or to any other Traffic Control Device anything NOT connected with the purpose for which such sign or device is provided, the Competent Authority may authorize a Non Profit making Association to install information signs or emblem of that Association to appear on the Sign or on its support, provided it does not make it difficult to understand the Traffic sign or render it less visible or make it confused with the Traffic signs and signals or might dazzle road users or distract attention in a way prejudicial to traffic safety. An offence under Section 224 of the H.T. Act
12. Approved Sign Boards shall be erected by the competent Authorities in charge of National, Provincial, Municipal and Pradeshiya Sabah roads at places in consultation with the Local Authorities, Transport Authorities and the Police. Approved Road Sign Boards should be erected as early as possible.
13.
No-Parking Boards erected or exhibited opposite Government Buildings, Private Buildings or within Private Premises such as Hospitals, Hotels, Housing Schemes without approval are all unauthorized Sign Boards
14. To comply with the Vienna Convention (page 1) and adoption of International traffic signs in Sri Lanka, the Competent Authorities in respect of their areas should remove all unauthorized traffic sign boards including speed limit sign boards and immediately erect or exhibit the legally approved traffic sign boards on our roads for the benefit of our motorists and road users and to enable the Law enforcement officers to enforce the Law Legally.
For further clarrifications on this subject, Motorists / Road users may write to the undersigned.
T. Perinpanayagam
Deputy Inspector General of Police,
Traffic (Rtd.)Director, Institute of
Traffic Education
1 A Alexandra Terrace, Colombo- 06