Appendix 1

NUNEATON AND BEDWORTH BOROUGH COUNCIL

NUNEATON AND BEDWORTH OFFSTREET PARKING PLACES ORDER 2016

The Nuneaton and Bedworth Borough Council ("the Council") in exercise of its powers under section 35(1) and (3) and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984, as amended by the Traffic Management Act 2004 and of all other enabling powers, with the consent of the Warwickshire County Council in accordance with section 39(3) of the Act and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the Act hereby makes the following Order.

PART I

GENERAL

1.This Order shall come into operation on the 1st day of April 2016 and may be cited as "The Nuneaton and Bedworth OffStreet Parking Places Order 2016.

2.(1)Any reference in this Order to a numbered Article or Schedule is a reference to the Article or Schedule bearing that number in this Order.

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

(1)“the Act” means the Road Traffic Regulation Act 1984, as amended by the Traffic Management Act 2004;

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

(3)“goods vehicle” means a vehicle which is constructed or adapted for use for the carriage of goods or burden of any description;

(4)“owner” has the same meaning as in the Act;

(5)“parking place” means the land described in Schedule 1 provided by the Council under section 32(1) of the Act for use as a parking place;

(6)“civil enforcement officer” means a person authorised by or on behalf of the Council to supervise any parking place;

(7)“ticket machine” means an apparatus or device provided in the parking place being an apparatus or device approved in accordance with section 35(3) of the Act.

(8)“Penalty charge” as defined in Band 2 of Schedule 1, Article 2 of The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.

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

(10)“disabled person's vehicle” has the same meaning as in the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000;

(11) “Shopmobility Scheme” means the Nuneaton and Bedworth Shopmobility Scheme(s), as amended from time to time by Nuneaton and Bedworth Disability Group

(12)“Shopmobility Permit” means a permit issued by, or on behalf of the Council pursuant to the Shopmobility Scheme.

(13)“Toddler” means a child of 5 years or below

(14)“ANPR” means an automated number plate recognition device which captures vehicle details at entry to and exit from the council’s car parks.

(15)“Pay by phone” is a scheme which enables motorists to pay for

their parking session via a mobile phone; and is considered a

device as in Article 2 (1)(7).

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

PART II

USE OF PARKING PLACES

3.Each parking place is authorised to be used, on such days as are specified in Schedule 1, subject to the following provisions of this Order, as a parking place for such classes of vehicles as are specified in Article 4; and no parking place shall be used by any other vehicle or by any person for any other purpose whatsoever.

4.The following classes of vehicles are permitted to use a parking place:-

(1)motor cars licensed as private

(2)goods vehicles of an unladen weight not exceeding 2 tonnes

(3)invalid carriages

(4)motor cycles with side cars, and

(5)motor cycles without side cars if they are left within any area specifically reserved for that purpose.

(6) a vehicle with a trailer/caravan providing the appropriate fee is paid

should any additional parking places be occupied.

5.The driver shall not leave a vehicle or permit a vehicle to wait in a parking place unless it is of a class specified in Article 4 and except:

(1)within individual parking spaces as may from time to time be marked out on the surface of the parking place

(2)in positions indicated by signs

(3)as directed by a civil enforcement officer or

(4)in the case of motor cycles without side cars, within an area specifically reserved for that purpose.

6.(1)Where, within the parking place, there is a sign or surface marking which indicates that a parking space may only be used by a disabled person's vehicle, the driver of a vehicle shall not permit the vehicle to wait in that parking space unless a valid disabled person's badge is displayed on the vehicle.

(2)Where within the parking place there is a sign or surface marking which indicates that a parking space may only be used by a person using the Shopmobility Scheme, the driver of a vehicle shall not permit the vehicle to wait in that parking space unless a Shopmobility Permit, issued by, or on behalf of the Council, is displayed on the vehicle.

(3)Where within the parking place there is a sign or surface marking which indicates that a parking space may only be used as a Parent and Toddler space and a Toddler is a passenger in the vehicle.

(4)Where within the parking place there is a sign or surface marking which indicates that a parking space may only be used by an electric vehicle when connected to the electric vehicle charging point.

7.Any vehicle left in a parking place must be removed within 24 hours of arrival. Parking in excess of 24 hours is by prior arrangement with Parking Services.

8.(1)No person, unless authorised by NBBC, shall use any part of the parking place or any vehicle left in a parking place

(a)for sleeping or camping purposes; or

(b)for eating or cooking purposes; or

(c)for the purpose of servicing, washing, cleaning, constructing, maintaining or repairing any vehicle or part thereof other than is reasonably necessary to enable that vehicle to be moved from the parking place.

(2)No person shall bring or permit or suffer to be brought on to a parking place any vehicle or trailer designed or adapted for the sale exhibition or display of food or other articles or services or any goods vehicle of an unladen weight exceeding 2 tonnes.

9.In the parking place no person shall:

(a)place or erect or cause or permit to be placed or erected any tent, booth, stand, building or other structure without the written consent of the Council; or

(b)light or cause or permit to be lit any fire.

10.No person shall use a parking place so as to prevent or obstruct access thereto or egress there from or the use thereof by other persons, nor shall any person cause or take part in any gathering or demonstration within a parking place, or cause any unreasonable or unnecessary noise.

11.No person shall, within any parking place, commit any act which, if committed on a public highway, would constitute a contravention under the provisions of the Litter Act 1983, or Part IV of the Environmental Protection Act 1990, and the Clean Neighbourhoods and Environment Act 2005.

12.The driver of a motor vehicle in a parking place shall stop the engine as soon as the vehicle is in position in the parking place, and shall not start the engine except when about to change the position of the vehicle in, or to depart from, the parking place.

13.No person shall, without the prior approval of the Council given in writing,

(a)sell or offer for sale in a parking place any article, vehicle or food; or

(b)hire or offer to let on hire in a parking place any article, vehicle or service; or

(c)display in a parking place any exhibition, or

(d)solicit or beg for goods or money for charitable or any other purpose; or

(e)distribute, allow to be or cause to be distributed, or displayed, advertising material in a parking place.

  1. The driver shall not permit a vehicle to enter the parking place unless the vehicle is licensed in accordance with the provisions of the Vehicle Excise and Registration Act 1994, and unless there is in relation to the use of the vehicle by the driver such a policy of insurance as complies with the requirements of Part VI of the Road Traffic Act, 1988.
  1. The charge (if any) for the parking of a vehicle in a parking place shall be as set out in Schedule 2.

16.Any person who wilfully avoids or seeks to avoid, or assists in avoiding the payment of any charge at a parking place shall be guilty of a contravention under this Order.

17.Any person who damages or interferes with in any way any parking place, or its structure or fabric, or any ticket machine or other machine, equipment or structure thereon, shall be guilty of a contravention under this Order, and in addition to the penalty provided by the Act shall be liable for the cost of repair of the damage.

18.No person, other than a civil enforcement officer, any other person authorised by the Council, the driver of or a passenger in a vehicle parked or intended to be parked in a parking place, or a person authorised by such driver or passenger, shall enter a parking place for any purpose whatsoever.

19.No person shall use any parking place for the playing of any game, for roller skating or skateboarding, nor ride or take any pedal cycle thereon, except where specific provision is made for the storage of pedal cycles.

20.The driver of any vehicle in a parking place shall comply with any instructions given, whether orally by a civil enforcement officer, by direction signs, or by any other method as to the route to be followed within the parking place.

21.(1)Except where sub-paragraphs (2 - 8) below apply, the driver of any vehicle parking that vehicle in a parking place shall pay the appropriate charge as specified in Part 1 of Schedule 2.

Payment can be made at a Ticket Machine / Pay Station or via ‘Pay by Phone’ option when available. Payment can also be made by debit or credit card / wave & pay when introduced.

(2)The driver of any vehicle who is the holder of a current Long Stay season ticket, (as specified within Schedule 1 Part 2 and group D1 of Schedule 1 Part 1) shall on leaving that vehicle in a designated space within a parking place, exhibit that ticket (except parking places E1) on the vehicle in a manner such as to enable the front of it and the particulars thereon to be clearly visible from the outside. Any such season ticket must only be used for the vehicle that bears the registration number shown on the ticket, or company name.

(3)The driver of any vehicle who is the holder of a current Short Stay season ticket, shall on leaving that vehicle in any parking place specified in schedule 1 (except parking places C1 and E1) shall exhibit that ticket on the vehicle in a manner such as to enable the front of it and the particulars thereon to be clearly visible from the outside. Any such season ticket must only be used for the vehicle that bears the registration number shown on the ticket or company name.

(4)The holder of a disabled users season ticket (Reference to Schedule 2, Part 3(3)), shall on leaving that vehicle in a parking place specified in schedule 1 (except parking places C1 and E1) shall exhibit that ticket on the vehicle in a manner such as to enable the front of it and the particulars thereon to be clearly visible from the outside.

(5)The driver of any vehicle who is the holder of a current Staff Short Stay season ticket, shall on leaving that vehicle in any parking place specified in schedule 1 (except parking places C1, E1 and B1) shall exhibit that ticket on the vehicle in a manner such as to enable the front of it and the particulars thereon to be clearly visible from the outside. Any such season ticket must only be used for the vehicle that bears the registration number shown on the ticket or company name.

(6)The driver of any vehicle leaving that vehicle in parking place I1, Park Road, Bedworth, or I2 Dempster Court, Nuneaton being the holder of a Resident’s / Visitor parking permit for that vehicle, shall exhibit that permit on the vehicle in a manner such as to enable the front of it and the particulars thereon to be clearly visible from the outside.

(7) Motor Cycles parked within a designated motor cycle area.

(8)The driver of any vehicle who is within the free charging period, shall on leaving that vehicle in a designated space within a parking place exhibit that ticket (except parking places C1, K1) on the vehicle in a manner such as to enable the front of it and the particulars thereon to be clearly visible from the outside.

(9)The driver of any vehicle leaving that vehicle in any parking place being

the holder of a valid disabled person’s badge, shall exhibit that badge

on the vehicle in a manner such as to enable the front of it and the

particulars thereon to be clearly visible from the outside.

(10) The driver of any vehicle leaving that vehicle in any parking place where

there is a sign or surface marking which indicates that parking space may only be used by a person using the Shopmobility Scheme, shall

exhibit a Shopmobility Permit on the vehicle in a manner such as to

enable the front of it and the particulars thereon to be clearly visible from

the outside.

(11) In any free charging period, or where a payment is required for a Pay and Display Ticket for a vehicle left in a parking place, the driver thereof shall exhibit on the vehicle, in accordance with the following provision, of this Article, the ticket or tickets issued by a ticket machine.

(12) The ticket or tickets shall be exhibited on the vehicle:-

(a)in the case of a two wheeled motor cycle with or without a sidecar attached thereto, in a conspicuous position on the 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, facing forwards and clearly visible behind the glass of such windscreen on the near side of the vehicle; or

(ii)where the vehicle is not fitted with a front glass windscreen, on the front or the off side of the vehicle in a conspicuous position.

(13) There shall be on or near each parking place where a charge is made at

least one ticket machine, or provision of an alternative payment method made available (e.g. payment by phone).

(14) The ticket or tickets shall be so exhibited on the vehicle that the time and

date shown on the front of the ticket or tickets are clearly visible from the outside.

(15) Pay on Foot and Pay by Phone and ANPR specified Car Parks (when

available) still require the appropriate payment to be made on or

immediately before the departure of the vehicle from the parking place, but no ticket needs to be displayedunless specified on the tariff boards.

(16)Tickets are not transferable between vehicles.

22.(1)If a vehicle is left in the parking place:-

  1. for longer than the maximum period of waiting specified in Article 7 or Schedule 2; or
  1. for longer than the period for which a charge has been paid for the parking of the vehicle as required by Article 21(1); or
  1. Without a ticket, permit or badge being exhibited on that vehicle in accordance with Article 21(2), (3), (4), (5), (6), (8), (9), (10), or (11);or
  1. without the appropriate charge specified by Article 21 and Part I of Schedule 2 having been paid; or
  1. parked other than wholly within a parking space or other position in accordance with Article 5; or
  1. parked within a parking space which may, in accordance with Article 6(1), only be used by a disabled person's vehicle and no disabled person's badge is displayed on the vehicle; or
  1. parked within a parking space which may, in accordance with Article 6(2), only be used for the parking of a vehicle using the Shopmobility Scheme and no Shopmobility permit is displayed on the vehicle; or
  1. parked within a parking space when a Toddler is not a passenger in the vehicle in accordance with Article 6(3); or
  1. parked within a parking space dedicated for use of an electric vehicle when not connected to the electric charging point in accordance with Article 6 (4); or
  1. for any other contravention as specified within the Traffic Management Act 2004.

then a penalty charge shall be payable by the driver in addition to the appropriate charge specified in Part 1 of Schedule 2.

(2)In the case of a vehicle in respect of which a penalty charge may have been incurred, a civil enforcement officer shall attach to the vehicle in a conspicuous position, or issue through the postal service via Parking Services, a notice which shall include the following particulars:

a)the registration mark of the vehicle or, where the vehicle is being used under a trade licence, the number of the trade plate carried on the vehicle;

b)

  1. the time at which he first noted that the initial period for which a charge had been paid under Part 1 of Schedule 2 had expired; or
  1. the time at which he first noted that no ticket, permit or disabled person’s badge was exhibited on the vehiclein accordance with Article 21(2), (3), (4), (5), (6), (8), (9), (10), or (11);or
  1. the time at which he first noted that the appropriate charge had not been paid; or
  1. the time at which he first noted that the vehicle was parked other than wholly in a parking space or other position in accordance with Article 5; or
  1. the time at which he first noted that the vehicle was parked in a parking space contrary to Article 6;

c)a statement that a penalty charge of the amount specified in Part 4 of Schedule 2 is required to be paid;

d)the manner in which, and the time within which, the penalty charge should be paid; and

e)a statement that it is a contravention under section 35A(1) of the Act for the driver of a vehicle who has left a vehicle in the parking place to fail to pay the penalty charge.

23. (1) Where a notice has been attached to a vehicle in accordance with Article 22, no person, other than the driver of the vehicle or a civil enforcement officer shall remove the notice from the vehicle unless authorised to do so by the driver.

(2) When a ticket or tickets have been exhibited on a vehicle in accordance with Article 21, no person other than the driver of the vehicle, shall remove the ticket or tickets from the vehicle unless authorised to do so by the driver.

(3)When a notice is issued via the postal service it is deemed to have been incurred on the day of the parking contravention. The notice will be issued as soon as the registered keeper details have been received from DVLA.