THE CLACKMANNANSHIRE COUNCIL

THE CLACKMANNANSHIRE COUNCIL (ALLOA TOWN CENTRE) (PARKING PLACES) ORDER 2006

The Clackmannanshire Council hereinafter referred to as "the Council" in exercise of its powers under Sections 1(1) and (2), 2(1) to (3) and 4(2), 32(1) 45, 46 49, 53 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 (as amended) and all other enabling powers and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the said Act, hereby make the following Order:

PART I

GENERAL

Commencement and Citation

  1. This Order may be cited as "The Clackmannanshire Council (Alloa Town Centre) (Parking Places) Order 2006, and shall come into operation on the 19th October 2006.
  1. The following Orders are hereby revoked:

The Burgh of Alloa (Various Streets) (Prohibition and Restriction of Waiting) Order 1969

in so far as it relates to:-

Schedule I

Shillinghill

Schedule II

Bank Street and Church Street

Shillinghill

Schedule III

Shillinghill

The Central Region (Various Streets, Alloa) (Waiting, Loading and Unloading Restrictions Amendment) and (Drysdale Street, Alloa) (Revocation of One-Way Traffic System) Order 1980 and (Modification) Order 1981 (Consolidation) Order 1981 in so far as it relates to:

Schedule I

Bank Street

Drysdale Street

Mar Street

Mill Street

Shillinghill

Schedule II

Bank Street

Drysdale Street

Mar Street

Mill Street

Schedule III

Mar Street

Schedule IV

Bank Street

Mill Street

The Central Region (High Street, Alloa) (Waiting, Loading and Unloading Restrictions) (Amendment No. 2) Order 1993.

The Clackmannanshire Council (On Street Parking Spaces for Disabled Persons) (No.14) Order 1997.

The Clackmannanshire Council (Alloa Town Centre) (Parking Places) Order 1999.

The Clackmannanshire Council (Alloa Town Centre) (Parking Places) (Amendment No. 2) Order 2001

The Clackmannanshire Council (Alloa Town Centre) (Parking Places) Order 2002

The Clackmannanshire Council (Alloa Town Centre) (Parking Places) Order 2003

The Clackmannanshire Council (Alloa Town Centre) (Parking Places) Order 2004

Interpretation

3.(1)The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

(2)In this Order except where the context otherwise requires the following expressions have the meaning hereby respectively assigned to them: -

(a)“disabled person” means the disabled driver of or a disabled passenger in a motor vehicle, being such a disabled person as is described in regulation 4 of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 in respect of whom any Council have issued a disabled person’s badge and a valid badge is conspicuously displayed in the manner specified in Article 22(2) of this Order;

(b)“disabled person's badge" has the same meaning as in Regulation 2(1) of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000;

(c)"disabled person's vehicle" means a vehicle lawfully displaying a disabled person’s badge issued, or having effect as if issued under any regulations for the time being in force under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (a);

(d)“driver” in relation to a vehicle waiting in a parking place, means the person driving the vehicle at the time it was left in the parking place;

(e)“goods” include postal packets of any description; and “delivering” and “collecting” in relation to any goods include checking the goods for the purpose of their delivery or collection;

(f)“goods vehicle” has the same meaning as in Section 192(1) of the Road Traffic Act 1988. “heavy goods vehicle” means a goods vehicle exceeding 7.5 tonnes maximum gross weight;

(g)“loading bay” means an area on a road designated as a loading area specified in Schedules 31, 33 and 34 to this Order;

(h)“owner”, in relation to a vehicle, means the registered owner and/or the person by whom such vehicle is kept or used;

(i)“parking place” means an area on a road designated as a parking place by this Order;

(j)“parking ticket” means a ticket issued by a parking ticket machine of a type and design authorised by the Secretary of State; and

(k)“permit” means a permit issued under the provisions of Article 44 of this Order;

(l)“prescribed hours” means the hours specified in the Schedules to this Order;

(m) “resident” means a person whose usual residence is at premises within the controlled parking zone;

(n)“road” has the same meaning as in Section 151 of the Roads (Scotland) Act 1984 and includes any verge or footway;

(o)“taxi” has the same meaning as in Section 23 of the Civic Government (Scotland) Act 1982;

(p)“traffic warden” means a traffic warden employed by a police authority in pursuance of Section 95 of the Act of 1984;

(q)“vehicle” means a vehicle of any description and includes a machine or implement of any kind drawn or propelled along roads whether by animal or mechanical power;

(3)For the purposes of this Order a vehicle shall be deemed to wait or stop:-

(a)if any point in that road is below the vehicle or its load and the vehicle is stationary;

.

(b)for more than a specified period in the same place if any point in that road is below the vehicle or its load throughout a period exceeding the specified period whether or not the vehicle is moved during that period.

(4)The restrictions imposed by this Order shall be in addition to and not in derogation of any restrictions or requirements imposed by any regulations made or having effect as if made under the Act of 1984 or by any other enactment.

(5)Insofar as any provision of this Order conflicts with a provision which is contained in an Order made or having effect as if made under the Act of 1984 and which imposes a restriction or prohibition on waiting by vehicles or grants an exemption from such restriction or prohibition then the provision of this Order shall prevail.

PART II

CONTROLLED PARKING

Designation of Parking Places on Roads

4.Each of the lengths of a road specified in Schedules 1 – 39 inclusive to this Order is authorised to be used, subject to the following provisions of this Order, as a parking place during the prescribed hours on such conditions as are specified.

5.Save as provided in Articles 32, 33 and 34 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait for a period exceeding twenty minutes between the hours of 9.00am and 5.00pm, Monday to Friday inclusive, on the length(s) of road(s) specified in Schedule 2.1 to this Order. Within the prescribed hours, when a vehicle has left a parking place after waiting thereon the driver thereof shall not within forty minutes permit it to wait again upon that parking place.

  1. Save as provided in Articles 32, 33 and 34 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait for a period exceeding twenty minutes between the hours of 9.00am and 5.00pm, Monday to Saturday inclusive on the length(s) of road(s) specified in Schedule 3.1 to this Order. Within the prescribed hours, when a vehicle has left a parking place after waiting thereon the driver thereof shall not within forty minutes permit it to wait again upon that parking place.
  1. Save as provided in Articles 32, 33 and 34 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait for a period exceeding two hours between the hours of 9.00am and 5.00pm, Monday to Friday inclusive, on the length(s) of road(s) specified in the schedule 6 to this Order.

Within the prescribed hours, when a vehicle has left a parking place after waiting thereon the driver shall not within sixty minutes permit it to wait again upon that parking place.

  1. Save as provided in Articles 32 and 33 of this Order no person shall, except upon the direction or with permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait for a period exceeding ten minutes, at all times on the length(s) or road(s) specified in Schedule 8.1 to this Order. When a vehicle has left a parking place after waiting thereon the driver thereof shall not within sixty minutes permit it to wait again upon that parking place.
  1. Save as provided in Articles 32 and 33 of this Order no person shall, except upon the direction or with permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait for a period exceeding twenty minutes, between the hours of 8.45 am and 5.30 pm, Monday to Saturday inclusive, on the length(s) or road(s) specified in Schedule 10.1 to this Order. Within the prescribed hours, when a vehicle has left a parking place after waiting thereon the driver thereof shall not within forty minutes permit it to wait again upon that parking place.
  1. No person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle other than a private car or motor cycle to wait on a parking place indicated by the use of traffic signs as being for the use by cars, on the length(s) of road(s) specified in Schedule 8.1 to this Order.
  1. No person shall, except upon the direction or with permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle other than a motor cycle to wait on a parking place indicated by the use of traffic signs as being for use by motor cycles, on the length(s) of road(s) specified in Schedule 15 to this Order.
  1. No person shall, except upon the direction or with the permission of a Police Constable in uniform or Traffic Warden, cause or permit any vehicle other than a pedal cycle to wait on a parking place indicated by the use of traffic signs as being for the use by pedal cycles, on the length(s) or road(s) specified in Schedule 16 to this Order.
  1. Save as provided in Articles 32 and 33 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait on a parking place, unless a valid disabled person’s badge is displayed in the manner specified in Article 22 (2) of this Order, on the length(s) of road(s) specified in Schedule 19 to this Order.
  2. Save as provided in Articles 32 and 33 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait on a parking place between the hours of 9.00am and 5.00pm, Monday to Saturday inclusive, unless a valid disabled person’s badge is displayed in the manner specified in Article 22(2) of this Order, on the length(s) of road(s) specified in Schedule 20 to this Order.
  1. Save as provided in Articles 32 and 33 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait on a parking place between the hours of 8.45am and 5.30pm, Monday to Saturday inclusive, unless a valid disabled person’s badge is displayed in the manner specified in Article 22(2) of this Order, on the length(s) of road(s) specified in Schedule 21 to this Order.
  1. Save as provided in Article 32 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait on a parking place at any time, unless a valid permit is displayed in the manner specified in Article 22(2) of this Order, on the length(s) of road(s) specified in Schedule 26 to this Order.
  1. Save as provided in Article 32 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or a Traffic Warden cause or permit any vehicle to wait on a parking place between the hours of 8.00am and 6.00pm Monday to Friday, unless it is a Police vehicle, on the length of road specified in Schedule 27 to this Order.
  1. Save as provided in Article 32 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait on a loading bay between the hours of 8.00am and 6.00pm, Monday to Saturday inclusive, unless it is being used for the delivery and collection of goods or merchandise or loading and unloading that vehicle at premises adjoining the length of road specified in Schedule 31 to this Order.
  1. Save as provided in Article 32 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait on a loading bay between the hours of 8.00am and 6.00pm, Monday to Friday inclusive, unless it is being used for the delivery and collection of goods or merchandise or loading and unloading that vehicle at premises adjoining the length(s) of road(s) specified in Schedule 33 to this Order.
  1. Save as provided in Article 32 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to wait on a loading bay between the hours of 8.00am and 6.00pm, Monday to Friday inclusive, unless it is a goods vehicle being used for the delivery and collection of goods or merchandise or loading and unloading that goods vehicle at premises adjoining the length(s) of road(s) specified in Schedule 34 to this Order.
  1. Save as provided in Article 32 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or Traffic Warden, cause or permit any vehicle to remain in a loading bay specified in Schedules 31, 33 and 34 to this Order for a period exceeding 20 minutes within the prescribed hours. When a vehicle has left a loading bay after waiting thereon the driver thereof shall not within sixty minutes permit it to wait again upon that loading bay.

22.(1) Subject to the provision of Articles 36 and 44 to this Order, the driver of a

vehicle shall on arrival of the vehicle at a parking place specified in Schedules 10, 19, 20, 21 and 26 to this Order, within the prescribed hours, exhibit on the vehicle in accordance with the following provisions of this Article and, so far as relevant, Articles 47 and 48, a permit or disabled person’s badge or parking ticket.

(2)The parking ticket or permit or disabled persons badge shall be exhibited on the vehicles:

(a)in the case of a two wheeled motor cycle, having a sidecar attached thereto, in a conspicuous position on the nearside vehicle in front of the driving seat; and

(b)in the case of all other vehicles:

(i)where the vehicle is fitted with a front glass windscreen extended across the vehicle to the nearside, facing forward on the glass of such windscreen, immediately behind the glass;

(ii)where the vehicle is not fitted with a front glass windscreen as specified in the preceding sub-paragraph, on the nearside of the vehicle facing towards the nearside of the road.

The parking ticket or permit or disabled person’s badge, while exhibited on the vehicle, shall be so placed that the times shown on the front of the said ticket or the expiry date of the permit or disabled person’s badge are clearly visible to a person standing at the nearside of the vehicle.

23.No person shall knowingly exhibit on any vehicle any parking ticket or permit or disabled person’s badge which has been altered, defaced, mutilated or added to or upon which the figures or particulars have become illegible.

24. Within the prescribed hours, when a vehicle has left a parking place after

waiting thereon, the driver thereof shall not, within the period specified in the relevant Schedule, permit it to wait again upon that parking place.

25.When a vehicle is left in a parking place in contravention of any of the provisions contained in Articles 5 to 21, 27, 28 and 29(3) of this Order a person authorised in that behalf by the Council may remove the vehicle or arrange for it to be removed.

Any person so removing a vehicle may do so by towing or driving the vehicle or in such other manner as he may think necessary and may take such measures in relation to the vehicle as he may think necessary.

Provided that when a vehicle is waiting in a parking place in contravention of the provisions of Article 28 of this Order, a person authorised in that behalf by the Council may alter or cause to be altered the position of the vehicle in order that its position shall comply with the provisions.

When a person so removes or makes arrangements for the removal of a vehicle, that person shall make such arrangements as may be reasonably necessary for the safe custody of the vehicle. The Council may make a charge for such removal and custody as specified in the Regulations made under the Act of 1984 and may, after the period referred to in the said Regulations dispose of the vehicle in the manner prescribed in the Regulations.

26 The Council may:

(a)determine the number and situation of parking bays in each parking place;

(b)cause the limits of the said lengths of road in the Schedules to be indicated on the carriageway by placing and maintaining thereon appropriate traffic signs;

(c)install and maintain on or in the vicinity of each length of road designated in the Schedules appropriate traffic signs or notices indicating that such lengths of road may be used during permitted hours;

(d)install and maintain in such positions as they think fit or in the vicinity of the said lengths of road described in the Schedules such parking ticket machines as may be required; and

(e)carry out such other work as is reasonably required for the purposes of this Order and the satisfactory operation of the parking.

27. Each parking place may be used, subject to the provisions of this Order, for the leaving during the permitted hours of passenger vehicles, light goods vehicles not exceeding 7.5 tonnes maximum gross weight, invalid carriages and motor cycles.

Manner of Standing in Parking Places

28. Every vehicle left in a parking place designated in Schedules 1 – 39 inclusive shall so stand:

(1)in the case of a parking place in relation to which special provisions as to the manner of standing of vehicles in that place are specified as to be in accordance with those provisions;

(2)in the case of any other parking place:

(a)if the parking place is not in a one-way street, that the left or nearside of the vehicle is adjacent to the left-hand edge of the carriageway;

(b)if the parking place is in a one-way street, that the left or nearside of the vehicle is adjacent to the left hand edge of the carriageway or that the right off-side of the vehicle is adjacent to the right-hand edge of the carriageway; and

(c)that the longitudinal axis of the vehicle is parallel to the edge of the carriageway nearest to the vehicle and that the distance between the said edge and the nearest wheel of the vehicle is not more than 0.3 metres; and