A collision is about to happen

Nov 09, 2016 Features / Columnists, Peeping Tom

Recent images published in the newspapers showed the preparation for the implementation of parking meters. Lanes were drawn where vehicles will be charged for parking.
Some of the lanes were diagonal parking and some were horizontal parking. On Church Street for example, outside the National Museum, diagonal lanes were drawn. On Carmichael Street, opposite where Bishop’s High School is located, there are horizontal lanes because the road is narrower.
The police had a short while ago outlawed diagonal parking. In fact, they reported that it is against the law to park diagonally. Outside of the headquarters of the People’s Progressive Party, ‘no parking zones’ were created which meant that the leaders of the PPP can no longer park outside of their headquarters, diagonally or otherwise.
So how will the police deal with this situation when they have outlawed diagonal parking, yet some of the parking meter lanes make use of diagonal parking.
The police are going to find themselves in a quandary. They are the ones who marked no diagonal signs on road surfaces across the country. How then are they going to deal with a situation where diagonal parking lanes have been drawn to facilitate the introduction of parking meters?
The prohibition on diagonal parking is not just about the availability of space. The principal reason why it was introduced is because it was felt that it is dangerous for motorists to be reversing from a diagonal position.
However, the more fundamental issue is the law. The police did claim that the law does not permit diagonal parking. The traffic authorities have never quoted the section of the law or the regulations where this is outlawed. But they went ahead, nonetheless, and marked ‘no diagonal’ parking signs all over the road.
What will the police do now if and when diagonal parking is utilized for the parking meters? This is a test of the authority of the police. If there is no prohibition against diagonal parking – as is suspected – then the police would have made the nation a fool. The police will be confronted, in such circumstances, with a credibility crisis.
If on the other hand, there is indeed a prohibition, then the police are on a collision course with the municipality. If the force fails to act, it will be accused of double standards and buckling to pressure.
The municipality, on the other hand, can be expected to come up with its usual brand of ingenious explanations. It is likely to claim that it has the final day say when it comes to the roads.
The City Council will be totally wrong to make such a contention. The legal situation is not at all in doubt.
National law is superior to municipal law. The traffic laws of Guyana therefore have to take precedence over any municipal by-laws which may be approved. In the event of a conflict between the two laws, it is the national law which will prevail.
In the enforcement of any law, the national law is considered the definitive law. In other words, no municipal law or authority can impose any practice which is contrary to national law.

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