AQW 26112/11-15

Mr Peter Weir
Democratic Unionist Party
North Down

Tabled Date: 23/09/2013
Answered On Date: 09/10/2013
Priority Written: No

Question:
To ask the Minister for Regional Development to outline the legal standing and enforceability of Advisory Cycle Lanes.

Answer:

Advisory cycle lanes are bounded by a broken white line and can be marked on the road without the need for accompanying legislation, and consequently a Penalty Charge Notice cannot be issued to a vehicle found parked in one.

Whenever possible, my Department does try to introduce advisory lanes where there are other parking restrictions in place such as clearway regulations, which, if contravened, would attract a Penalty Charge Notice. As you will appreciate, however, this is not always possible.

In addition, Rule 104 of the Highway Codes states “Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable” and, while failure to comply with this rule will not, in itself, lead to a prosecution, The Highway Code may be used in evidence in any court proceedings under the Traffic Legislation to establish liability.

Responsibility for moving traffic offences rests with PSNI, who would be best placed to comment on whether driving in an advisory cycle lane constitutes an offence.