Sunday Times 2
Know these illegal signboards on our roads
I am confident that road users who read this article will enhance their knowledge regarding parking of vehicles and standing on roads where NO PARKING and NO PARKING & STANDING boards are erected. On receipt of several requests from motorists, lawyers and law enforcement officers, I decided to enlighten motorists and 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 1968 and 1995 Vienna Conventions. Sri Lanka is a signatory to the convention for adoption of International Traffic Signs. The signboards are erected to ensure the smooth flow of traffic without any obstruction to road users.
In 2008 the Supreme Court in its judgment in S.C.F.R. Case No. 297/2007 stated:
“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 complained of have been purportedly made by the Senior Superintendent of Police (Traffic) and not by the local authority (which is 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 “temporary 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 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 5th Respondent is directed to report to Court on 7-1-2008 of the action taken… The Registrar is directed to forward a copy of the judgment to Respondents — the IGP, the Attorney General and the Secretary Ministry of Defence — for necessary action in terms of these directions.
Despite this order, we continue to see numerous such illegal boards on our roads.