Citation and Interpretation

Cheshire West and Chester Borough Council (hereinafter referred to as “the Council”) in exercise of the powers conferred by Sections 1, 2, 4, 32, 35, 45, 46, 49, 53 and 124 of and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 (hereinafter referred to as “the 1984 Act”), Part 6 of the Traffic Management Act 2004 (hereinafter referred to as “the 2004 Act”) and of all other enabling powers and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the 1984 Act, hereby makes the following Order:-

PART I

CITATION AND INTERPRETATION

1.  This Order shall come into operation on 20th November 2013 and may be cited as the Cheshire West and Chester Borough Council (Prohibition and Restriction of Waiting and Street Parking Places) (Civil Parking Enforcement and Consolidation) Order 2013.

2.  In this Order-

“the 2007 Regulations” means The Civil Enforcement of Parking Contraventions (England) General Regulations 2007;

“carriageway” means that part of the highway which is intended for the passage of vehicular traffic but excludes a lay-by;

“central reservation” means that part of the highway which separates two carriageways for the safety and guidance of vehicular traffic using that road;

“civil enforcement officer” means a person employed in accordance with section 76 of the 2004 Act to enforce the prohibitions, restrictions and regulations imposed by this Order;

“clearway restriction” means any length of road whether carriageway or central reservation specified on the plans as ‘Clearway’;

“disabled person’s badge” has the same meaning as in the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000;

“disabled persons’ parking place” means any length of road specified on the plans as ‘Disabled Parking’;

“disabled person’s vehicle” has the same meaning as in Section 142 of the 1984 Act;

“driver” in relation to a vehicle waiting in a parking place or length of road, means the person driving the vehicle at the time it was left in that parking place or length of road;

“hackney carriage” means a vehicle licensed under Section 37 of The Town Police Clauses Act 1847 or under any similar enactment;

“keep clear zone” means any length of road which is identified by a road marking to diagram 1027.1 in Schedule 6 to the Traffic Signs Regulations and General Directions 2002 and specified on the plans as ‘No Stopping’;

‘’lay-by” means any area of the carriageway of a specified road, intended for the waiting of vehicles, which is indicated by a traffic sign;

“loading bay” means any length of road specified on the plans as ‘Goods Loading/Unloading’;

“loading restriction” means any length of road specified on the plans as ‘No Loading’ or ‘No Loading At Any Time’;

“motor vehicle” has the same meaning as the definition used in The Road Vehicles (Construction and Use) Regulations 1986;

“parking disc” has the same meaning as in the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons)(England) Regulations 2000;

“parking bay” means an area of a parking place, which is provided for the leaving of a vehicle of a class specified and indicated by markings on the surface of the parking place or signed or otherwise indicated by signs in the parking place;

“penalty charge” means a charge payable in accordance with regulation 4 of the 2007 Regulations and is a charge set by the Council in accordance with The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges)(England) Order 2007;

’’permit” means a resident’s permit or visitor permit of a type and design issued by the Council in accordance with and subject to any provisions imposed by the Council contained in a separate contract made between the permit holder and the Council and which permits the parking of vehicles in a parking place;

“permitted hours” means the periods of time specified for each parking place on the plans during which waiting by specified classes of vehicles is permitted;

“plans” means the plans accompanying this Order and kept at the Council’s highways offices which depict definitively the lengths of road on which stopping or waiting is permitted, restricted or prohibited (as also indicated by traffic signs on those lengths of roads) and for the avoidance of doubt wherever stopping or waiting is prohibited or restricted the prohibitions and restrictions extend to any associated verge;

“prohibited road” means any length of road specified on the plans as ‘No Waiting At Any Time’;

“relevant position” in respect of: -

(a) a disabled person’s badge means if it is displayed in the manner prescribed within The Disabled Persons (Badges for Motor Vehicles)(England) Regulations 2000;

(b) a parking disc has the same meaning as in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000; and

(c) a permit means displayed continuously on the windscreen,

dashboard or facia in a conspicuous position on the vehicle so that the whole of the information on the front of the ticket is clearly legible from the outside of the vehicle;

“residents’ parking place” means any length of the road specified on the plans as ‘Residents and Designated Parking’;

“restricted hours and days” means in relation to any restricted road, keep clear zone, loading bay or taxi stand, the hours and days during which stopping or waiting is prohibited (other than by the relevant permitted vehicles) as specified on the plans;

“restricted road” means any length of road specified on the plans as ‘No Waiting’ or ‘Limited Waiting’;

“specified class of vehicle” means:

in the case of a residents’ parking place, a motor vehicle displaying in the relevant position a valid permit; and

in the case of a disabled persons’ parking place, a disabled person’s vehicle displaying in the relevant position a disabled person’s badge;

“taxi stand” means any length of road specified on the plans as ‘Taxi Stand’.

“traffic sign” means a sign or marking of any size, colour and type prescribed or authorised under, or having effect as though prescribed or authorised under Section 64 of the 1984 Act;

“universal service provider”, “universal postal service ” and postal packet” shall bear the same meanings as in the Postal Services Act 2011;

“verge” means any part of the highway which is not carriageway, lay-by or central reservation;

“waiver certificate” means a certificate duly issued by the Council permitting a specified vehicle to wait in specified circumstances on a length or lengths of road where the waiting of that vehicle would otherwise be prohibited or restricted.

3.  Except where otherwise stated, any reference in this Order to a numbered Article is a reference to the Article bearing that number in this Order and any reference to a plan is a reference to a plan accompanying this Order.

4.  The prohibitions imposed by this Order shall be in addition to and not in derogation of any restriction, prohibition or requirement imposed by any Regulations or Orders made or having effect as if made under the 1984 Act, or by or under any other enactment.

5.  Save where the contrary is indicated, any reference in this Order to:

(a) this Order or another Order shall be construed as such a reference

to this Order or, as the case may be, such other Order, as the same

may have been, or may from time to time be, amended, varied or

supplemented;

(b) a Statute or Regulation shall be construed as reference to such Statute or Regulations as the same may have been, or may from time to time be, amended or re-enacted.

6.  The Interpretation Act 1978 shall apply to the interpretation of this Order as it applies for the interpretation of an Act of Parliament and as if for the purposes of Section 21 of that Act this Order were an Act of Parliament and the Orders revoked by Article 32 were Acts of Parliament thereby repealed.

PART II

PROHIBITION AND RESTRICTION OF WAITING, STOPPING, LOADING AND UNLOADING

PROHIBITION OF WAITING/STOPPING

7.  Save as provided in Articles 15, 16 and 18 to this Order no person shall, except upon the direction of or with the permission of a civil enforcement officer or a police constable in uniform, cause or permit any vehicle to (i) wait at any time in any prohibited road; or (ii) stop on any carriageway or central reservation where a clearway restriction is specified on the plans.

8.  No person shall cause or permit any vehicle to stop on any verge or lay-by immediately adjacent to a carriageway where a clearway restriction is in operation for the purpose of selling goods from that vehicle unless the goods are immediately delivered at or taken into premises adjacent to the vehicle from which the sale is affected.

RESTRICTION OF WAITING

9.  Save as provided in Articles 15, 16 and 18 to this Order no person shall, except upon the direction of or with the permission of a civil enforcement officer or a police constable in uniform, cause or permit any vehicle to wait in any restricted road specified on the plans as ‘No Waiting’ during the restricted hours and days.

10. Save as provided in Articles 15 and 18 to this Order no person shall, except upon the direction of or with the permission of a civil enforcement officer or a police constable in uniform, cause or permit any vehicle other than a hackney carriage to stop in any taxi stand during the restricted hours and days.

11. Save as provided in Articles 15 and 18 to this Order no person shall, except upon the direction of or with the permission of a civil enforcement officer or a police constable in uniform, cause or permit any vehicle to wait in any loading bay during the restricted hours and days.

12. Save as provided in Article 18 to this Order no person shall, except upon the direction of or with the permission of a civil enforcement officer or a police constable in uniform, cause or permit any vehicle to stop in any keep clear zone during the restricted hours and days.

13. Save as provided in Articles 15, 17 and 18 to this Order no person shall, except upon the direction of or with the permission of a civil enforcement officer or a police constable in uniform, cause or permit any vehicle to wait in any restricted road specified on the plans as ‘Limited Waiting’ during the restricted hours and days for a period longer than that specified on the plans; or if a period less than that specified on the plans, as being the period in which the vehicle shall not return, has elapsed since a previous period of waiting by the same vehicle on the same length of road.

PROHIBITION/RESTRICTION OF LOADING OR UNLOADING

14. Save as provided in Articles 15 and 18, no person shall, except upon the direction or with the permission of a civil enforcement officer or a police constable in uniform, cause or permit any vehicle to wait for the purpose of enabling goods to be loaded onto or unloaded from a vehicle on any of the lengths of roads or sides of roads specified on the plans where loading is prohibited during the hours and on the days specified on the plans,

EXEMPTIONS

15. Nothing in Articles 7, 9, 10, 11, 13 and 14 of this Order shall apply to any vehicle waiting in any of the roads, lengths of road or on the sides of road specified therein for so long as may be necessary to enable:

a) except in respect of a taxi stand or a clearway, a person to board or alight from the vehicle;

b) the vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in connection with any of the following operations, namely:-

(i) building, excavation or demolition operations;

(ii) the removal of any obstruction to traffic;

(iii) the maintenance, improvement or reconstruction of the said lengths or sides of road; and

(iv) the laying, erection, alteration or repair in or near the said lengths or sides of road of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any electronic communications apparatus (as defined in the Telecommunications Act 1984) kept installed for the purpose of a telecommunications code system or of any other telecommunications apparatus lawfully kept installed in any position;

(c) the vehicle, if it cannot conveniently be used for such purpose in any other road, in pursuance of statutory powers or duties;

(d) the vehicle, if it is the services of or employed by a universal service provider in the course of the provision of a universal postal service, to deliver and/or collect postal packets;

(e) the vehicle to be used for fire brigade, ambulance or police purposes;

(f) except where Article 14 applies, goods to be loaded onto or unloaded from the vehicle;

(g) pedal cycles to be parked in a duly authorised cycle parking facility, the location of which has been approved by the highway authority and the police.

16. Except where a clearway restriction or a loading restriction is specified on the plans, nothing in Articles 7 and 9 of this Order shall apply to a vehicle which lawfully displays in the relevant position a disabled person’s badge and a parking disc, on which the driver or other person in charge of the vehicle has marked the time at which the period of waiting began, to wait in any of the roads, lengths of road or on any of the sides of road referred to in those Articles for a period not exceeding three hours (not being a period separated by an interval of less than one hour from a previous period of waiting by the same vehicle in the same length of road or on the same side of road on the same day).