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City Of York Council

Transport and Streets Section

Loading and unloading

There is an exemption to the parking restrictions if a motorist is loading or unloading goods on street. However, to qualify for loading/unloading the activity has to meet certain criteria. A useful acronym for this is CHART e.g.

Continuous - the motorist should not break off the activity of loading/unloading to have a cup of tea or a smoke etc. However, this does not infer that such activities as completing paperwork or locating the goods in the premises are not part of the loading/unloading process. Each case will be treated on its own merits and all circumstances will be taken into account.

Heavy Goods - the goods that are being loaded/unloaded must be of such burden of weight or bulk that they cannot reasonably be conveyed otherwise than by means of a vehicle. The goods must be of a type that cannot easily be carried by one person in one trip. Having said that, in some circumstances 'goods' may be an aggregate of several small or lightweight items when delivered in the course of a trade or business (see Delivery and Collection below).

Shopping may be classed as goods but a vehicle is not covered by a loading exemption if the goods concerned have not been purchased prior to the waiting action. It is not lawful for a vehicle to wait whilst a purchase is made irrespective of the type of goods involved. The exemption does not cover choosing the goods i.e. the process of shopping, but it would apply while the goods are being put into a vehicle.

Adjacent - the vehicle must be parked adjacent to where the loading activity is occurring. If the vehicle were parked in another street more than 50 metres away, it would be difficult to argue that it was adjacent. The vehicle does not have to be a goods vehicle, but it must be necessary for the activity and not merely convenient to use a vehicle.

Reasonable - For example, unloading vast quantities of goods and taking all day to do it would not be considered reasonable. Where the loading/unloading is likely to take a long time and cause a lot of disruption the council should be notified prior to the loading taking place to enable arrangements to be made to try and accommodate it.

Timely - the loading should be completed as quickly as possible.

The Civil Enforcement Officers are instructed to observe vehicles that are parked on yellow lines for 5 minutes in order to establish whether any loading/unloading is taking place from, or to, the vehicle. If they do not observe any activity taking place within those 5 minutes they will issue a penalty charge notice. If a motorist, therefore, is loading/unloading they should be advised not to leave the vehicle unattended for more than 5 minutes.

There are also certain areas and times when loading/unloading is not allowed at all. In such cases signs and kerb markings should be in place to indicate this (see below).

No loading at any time (two yellow bands on kerb)No loading at times shown (single yellow band on kerb)Loading only (loading bay)

Delivery and Collection

If the delivery is being carried out in the course of a trade or business, as compared to a private delivery, it will usually fall within the meaning of 'delivering and collecting goods', even if the size and weight of one item of the 'goods' is small in itself, for example a milk delivery float. The point is illustrated easily by multiple deliveries, but it also applies to one-off deliveries too. Deliveries of small items in the course of business are permitted but it should be borne in mind that the smaller and lighter the goods, the shorter the time needed to deliver. There may be a greater evidential burden on the driver to prove that he took no longer than was necessary if there was a lengthy absence from the vehicle.

The use of a vehicle, merely because it is more convenient than carrying goods, is not normally sufficient reason for the exemption to apply. However, all commercial deliveries have more to them than mere convenient use of a vehicle, as there are obvious considerations of time and money involved. Drivers involved in commercial deliveries should be able to provide some form of supporting evidence if required. The driver does not have to prove that it was necessary to park where he did.  He may, however, have to prove that he did not park for longer than was necessary.

The delivery process applies to the completion of paperwork, which is reasonably required, e.g. delivery note, obtaining a signature.

There may also be some other form of delay such as: papers not ready, people cannot be found, and goods need to be located. The driver will be covered for unexpected delays, but it will be difficult for him to argue that the process was still continuing if he goes for refreshment or starts another job. The driver should be allowed a reasonable time while goods are being located, but this is not an automatic exemption covering however long it takes, a judgement has to be made on whether the time taken was reasonable.

Parking while investigating whether or not there are goods to be collected is not covered, unless the driver can reasonably expect that there are goods there but then finds out that there are none, e.g. a prior appointment or a regular round, rather than a canvassing situation.

Although the delays mentioned above are allowed, selecting or choosing goods is specifically excluded. The goods must have been pre-ordered or collection pre-arranged.

Contact

Parking Services
9 St Leonard's Place, York YO1 7ET
tel: (01904) 551309
fax: (01904) 551307
email: parking
@york.gov.uk