I came across this very interesting information about how local authorities have been successfullchallenged in France, see HERE
For those of you without a translating browser here is the English. It is a bit of a read but it shows clearly that the actions taken by French local authorities, similar to the taken by local government here, to restrict the use and parking of motorhomes has been deemed illegal by the courts and central government. Compensation has even had to be paid to the plaintiff by the local authority in some of the cases.
I know this isn't France but we are all in the EU, and the discrimination argument does seem to be a very effective one.
NEWS: THE TOWN OF ARCACHON HAS CONDEMNED THE REPEAL DISCRIMINATORY PROVISIONS AGAINST CAMPERS STOPPED APPEARING IN ITS MUNICIPAL
The Administrative Court of Bordeaux has sentenced the town of Arcachon to repeal section 33 of the by-law of 14 September 2006, following the maintenance thereof by the mayor's decision of 18 December 2008.
The Liaison Committee of camping car maintained the record before the Court in connection with the refusal of the village and has been successful July 5, 2011.
The measures taken by the Mayor were clearly discriminatory and disproportionate, the goal being to impede the free movement and to prohibit the parking of campers throughout the municipality (with the exception of two sites on which addition, the parking permit was limited to 24 hours).
" It is not apparent from the evidence that the disadvantages of the parking of motorhomes had a serious nature telpour security, safety and protection of sites that were likely to legally justify the prohibition of parking and enacted in space and time (...) restrictions on the freedom to park presented a character of generality excessive relative to the ends sought, having regard to the illegality of those provisions, the Mayor Arcachon was required to grant the application for revocation ... "
The municipality, which must repeal this section within 15 days after the judgment, also ordered to pay 1,200 euros to CLC under Article L.761-1 of the Code of Administrative Justice.
THE SKILLS OF THE MAYOR
Responsible for good order, safety, security and public safety in the territory of the municipality, the Mayor has police powers, particularly with regard to parking, including the strict conditions of legality are defined by case law of the Council State. The mayor may compromise the movement and parking of certain vehicles involving the public tranquility, air quality, protection of animal or plant species or protected areas, putting no value landscapes or site Pursuant to Article L.2213-4 of the Code of local authorities. However, any ban should be based on local circumstances and explicitly motivated proven to not be tainted by discrimination and illegality.
THE LEGAL REQUIREMENTS TO LIMIT PARKING IN THE MUNICIPAL
Any such measures must be properly justified given the traffic requirements and cover all vehicles of the same size, mass and weight. Thus a ban should be reserved for campers only. Recent case law has often proved insufficient motivation orders restricting the parking of motor homes under the pretext that they compromised the safety or public safety. The Administrative Tribunal of Montpellier has also repealed its decision in 2007 on the grounds that the municipality "does not produce any evidence proving the existence and extent of pollution in the area concerned or, a fortiori, their relationship parking of motor homes. "
ANY BLANKET BAN IS ILLEGAL
Recent case law has significantly advanced the treatment of the proportionality of the measure. Indeed any prohibition must be established in an acceptable proportionality and not excessive in relation to the disorder that we consider. The Administrative Court of Appeal of Bordeaux, for example, confirmed the cancellation of an order prohibiting parking on any one municipality in 2008 on the grounds that "it appears that the disadvantages that may cause the parking of motor homes have presented a serious nature as to security, safety and protection of sites they have been such as to justify the prohibition of parking legally and enacted. "
PROHIBIT THE PARKING OF MOTOR HOMES AT NIGHT IS ILLEGAL
The inter-ministerial circular published October 19, 2004 removes any distinction between day and night parking of motor homes, occupied or not. Indeed, the risks are no different day and night, and any specific prohibition of night is illegal. Case law has since condemned the discriminatory ordinances, the Administrative Court of Pau has indeed stated in 2008 that it was "indeed a general and absolute prohibition for motorhomes to park with overnight occupants on the whole community. "
HOW TO WRITE BYLAWS?
A municipal ordinance prohibiting parking a vehicle category must specify the rights and elements of fact justifying the decision (Article L. 2213-2 of the General Local Authorities Code). The measure must be based on need (significant disruption due to traffic or parking) to be seriously motivated, they must be proportionate to the disorder that it intends to prevent or to which it wishes to terminate, then it must be limited in space (specific geographic area) and time (eg seasonality).
LIMITING ACCESS TO PARKING MOTORHOMES BY PITCH BARS IS ILLEGAL
The proliferation of bars in height at the entrance of the parking is extremely damaging to the practice of the camper. If they are not always the main target, the camping car are affected primarily by the binding and often illegal devices that do not give a good image host. The Highway Code specifies that the pitch bars are pre-signaling of an obstacle and must be strictly limited to this use (low trees, bridges, parking garages entries ... inaccessible to campers). The implementation of pitch bars is illegal even for the materialization of a parking ban has been a municipal ordinance