THE COUNCIL OF THE LONDON BOROUGH OF REDBRIDGE

TRAFFIC MANAGEMENT ORDER

2010 No. 17

The Redbridge (Off-Street Parking Places) (No.1)

Traffic Order 2010

Made10 May 2010

Coming into operation on7 June 2010

ARRANGEMENT OF ARTICLES

Article

PART I – PRELIMINARY

Commencement and Citation2

PART II – DESIGNATION OF PARKING PLACES

Use of Parking Places 3 – 24

Parking Places for Disabled Badge holders25

Parking Places for motorcycles26

PART III – PARKING CHARGE AND PENALTY CHARGE

Manner of Payment– Pay and Display27

Manner of Payment – Pay on Foot28

Manner of Payment – Pay on Entry29

Permits or tickets to be displayed in vehicles left in parking places30

Exemptions from charges31

When a Penalty Charge is payable32

Amount of the Penalty Charge33

Manner of payment of the Penalty Charge 34 -35

Restrictions on removal of Notices and Tickets36

PART IV – PERMITS AND SEASON TICKETS
Use of Essential User Permits / 37
Use of Season Tickets / 38
Use of School Permits / 39
Eligibility for Permits and Season Tickets / 40
Surrendering Permits and Season Tickets / 41
Withdrawal of Permits and Season Tickets / 42
Grounds for surrendering or withdrawing permits and Season Tickets / 43
Permits and Season Tickets ceasing to be valid / 44
Issue of duplicate Permits and Season Tickets / 45
Details to appear on Permits and Season Tickets / 46
The charge for Permits and Season Tickets / 47
Charge for a duplicate Permit or Season Ticket to replace one lost, stolen or destroyed / 48
Refund of charge paid in respect of a Permit or Season Ticket / 49
Administration charge for the refund of a Permit or Season Ticket / 50
PART V – SUPPLEMENTARY PROVISIONS

Movement of vehicle left in a parking place51

Disposal of vehicles abandoned in a parking place52

Right to refuse entry to a parking place53

Removal and disposal of vehicles54

Revocations55

INDEX TO SCHEDULES

Schedule 1Charteris Road, Woodford Green (CP1)

Schedule 2Court Way (CP17)

Schedule 3Cranbrook Road, Ilford (CP4)

Schedule 4CravenGardens, Barkingside (CP5)

Schedule 5Derby Road, South Woodford (CP6)

Schedule 6Eastwood Close, south Woodford (CP7)

Schedule 7Eastwood Close, South Woodford (CP8)

Schedule 8George Lane Viaduct, South Woodford (CP9)

Schedule 9Goodmayes Road, Goodmayes (CP11)

Schedule 10GrovePark, Wanstead (CP12)

Schedule 11High Road, Seven Kings (CP13)

Schedule 12High Road, South Woodford (CP14)

Schedule 13Mulberry Way, South Woodford (CP10)

Schedule 14Sir James Hawkey Hall, Woodford Green (CP18)

Schedule 15Station Road, Chadwell Heath (CP19)

Schedule 16Wangey Road, Chadwell Heath (CP23)

Schedule 17Mildmay Road, Ilford (CP16)

Schedule 18High Road, Ilford (CP15)

Schedule 19Fullwell Cross Swimming Pool (CP29)

Schedule 20Cricklefields, Ilford (CP27)

Schedule 21Chadwick Road, Ilford

Schedule 22Ley Street Multi-storey (CP25)

Schedule 23Schedule of Charges

The Council of the London Borough of Redbridge (hereinafter referred to as the "Council"), in exercise of the powers conferred by sections 32, 35 and 124 and Parts III and IV of Schedule 9 to the Road Traffic Regulation Act 1984(a), and in accordance with the provisions of Part 6 of The Traffic Management Act 2004 (“the 2004 Act”)and of all other powers thereunto enabling hereby make the following Order:-

PART I - PRELIMINARY

Citation and Commencement

1.This Order shall come into operation on 7 June 2010 and may be cited as The Redbridge (Off-Street Parking Places) (No. 1) Traffic Order 2010

Interpretation

2.In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them;

"authorised vehicle" means a vehicle of a specified class authorised to use a parking place by virtue of Article 3 of this Order and as specified in the Schedules to this Order;

“authorised agent” means the parking services contractor appointed by and acting on behalf of the council for the purposes of the supervision and enforcement of the provision of this Order;

“civil enforcement officer” has the same meaning as in Section 76 of The Traffic Management Act 2004.

“Council” means the Council of the London Borough of Redbridge

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

"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;

“electrically propelled vehicle” means a vehicle in which the electrical motive power is derived from an electrical storage battery which is not connected to any source of power when the vehicle is in motion.

“Essential user permit” means a permit issued under the provisions of Article 37

"goods carrying vehicle" means a motor vehicle which is constructed or adapted for use for the carriage of goods or burden of any description and is not drawing a trailer;

(a) 1984 c.27 (b) S.I. 2000/683

"invalid carriage", "motor vehicles", "motorcycle" and "trailer" have respectively the same meanings as in section 136 of the Road Traffic Regulation Act 1984 provided that for the purpose of this Order the term "motorcycle" shall be deemed to include a solo motorcycle only;

“local residents and businesses” means residents and businesses who have a post code commencing E18 and IG8.

“Owner" means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994, is presumed (unless contrary is proved) to be the person in whose name the vehicle is registered.

"Parking Adjudicator" has the same meaning as in Section 73 of the Road Traffic Act 1991;

"parking place" means any area of land specified by name in Item 1 of the Schedules to this Order provided by the Council under Section 32 of the Road Traffic Regulation Act 1984 for use as a parking place;

"parking bay" means any part of a parking place marked out, by means of white or yellow lines or otherwise, for the leaving of a vehicle;

"passenger vehicle" means a motor vehicle (other than a motorcycle or invalid carriage) constructed or adapted solely for the carriage of not more than twelve passengers (exclusive of the driver) and their effects and not drawing a trailer;

“pay on foot machine” means an apparatus for calculating a tariff charge and on acceptance of the charge will validate a ticket to operate the exit barrier from the parking place.

"Penalty Charge" has the same meaning as that given in section 92 of The Traffic Management Act 2004.

“Penalty Charge notice” means a notice showing the information required by the Schedule of The Civil Enforcement of Parking Contraventions (England) General Regulations 2008 (b)

“School Permit” means a permit issued to parents and carers of children attending a specified school.

“school term time” has the same meaning as in the Education (No. 2) Act 1986(c)

“Season Ticket” means a ticket issued to a Season Ticket holder by the Council.

“Season Ticket holder” means a person to whom the council have issued a Season Ticket and who is entitled to the use of such a Season Ticket by virtue of the payment of the appropriate charge.

(a) 1978 c30(b) SI 2008, No. 1513(c) 1986 c61

“specified school” shall be any school deemed appropriate by the council.

“ticket” means a ticket issued by the ticket parking meter relating to the parking places referred to in Schedules 1 to 22 to this Order.

“ticket machine” means a machine which issues a pay and display ticket

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

PART II – DESIGNATION OF PARKING PLACES

Use of Parking Places

3.Each parking place may be used, subject to the following provisions of this Order, as a parking place for such classes of vehicles in such positions on such days and during such hours and on payment of such charges as are specified in relation thereto in Items 2 to 8 of Schedules 1 to 22 to this Order.

4.The driver of a vehicle shall not permit it to wait in a parking place other than in a parking bay and for this purpose, except with the permission of the Council, every part of the vehicle must be within the limits of the parking bay and not more than one vehicle shall occupy any one such parking bay.

5.The driver of a vehicle shall not permit it to wait in a parking place that has been reserved by means of a sign or surface marking specifically for the use of disabled persons unless;

a.the vehicle is displaying a disabled person's badge and

b.the vehicle is carrying a registered disabled person at the time the vehicle enters and leaves the parking bay and that person (whether the driver or a passenger) is the person to whom the badge was issued;

6.The driver of a vehicle shall not permit it to wait in a parking place that has been reserved by means of a sign or surface marking specifically for the use of motorcycles unless the vehicle is a motorcycle.

7.The driver of a vehicle shall not permit it to wait in a parking place specified in Item 1 of Schedules 1 to 20 of this Order

a.without displaying a valid pay and display ticket

b.or without displaying a valid Essential User permit Season Ticket or School Permit;

c.or without displaying a disabled person’s badge

unless that vehicle is a motorcycle or an electrically propelled vehicle.

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

9.No person shall within a parking place;

a.sell or offer for sale or for hire any article, skill or service;

b.do anything in connection with the selling or hiring of any article, skill or service whether from a vehicle or otherwise;

c.erect or place any advertisement;

d.distribute any leaflet;

e.reserve a parking space for any purpose;

f.park without displaying a valid vehicle excise licence (tax disc);

g.park in a car park when it is closed.

without the prior consent of the Council.

10.No person shall within a parking place without good reason or excuse deposit or leave any goods, builders materials, items of furniture, vehicle parts, or rubbish of any description. Items of litter may only be deposited in the bins provided for this purpose.

11.The driver of a motor vehicle using a parking place is not permitted to drive any vehicle therein without due care and consideration or in a manner likely to endanger any other person or at speeds in excess of 15 kph.

12.The driver of a vehicle using a parking place shall not sound any horn or other similar instrument therein except in the interests of safety.

13.No person shall, except with the permission of the Council or any person duly authorised by them, drive any vehicle in a parking place other than for the purpose of leaving that vehicle in the parking place in accordance with the provisions of this Order or for the purpose of departing from the parking place.

14.No person shall in a parking place wantonly shout or otherwise make any loud noise to the disturbance or annoyance of users of the parking place or residents of premises in the neighbourhood.

15.No person shall use any part of a parking place or any vehicle left in a parking place.

a.for sleeping or camping purposes, or

b.for cooking purposes, including the lighting of a fire for any reason; 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 depart from the parking place.

16.In a parking place, no person shall erect or cause or permit to be erected any tent, booth, stand, building or other structure without the written consent of the Council.

17.Any person using a parking place as a means of passage proceeding from one road to another road or for access purposes to property or land adjacent to but not forming any part of the parking place shall be deemed to be so using by licence of the Council and not as of right.

18.Where in a parking place signs are erected or surface markings are laid for the purpose of indicating -

a.the entrance to or exit from the parking place, or

b.that a vehicle using the parking place shall proceed in a specified direction within the parking place.

no person shall drive or cause or permit to be driven any vehicle -

i.so that it enters the parking place otherwise than by an entrance, or leaves the parking place otherwise than by an exit, so indicated, or

ii.in a direction other than that specified.

19.The driver of a vehicle drawing a trailer together having a combined length exceeding 5.5 metres shall not permit the vehicle or the trailer to wait in a parking place unless they have been disconnected, and unless the registration number of the vehicle is clearly displayed on the trailer and for the purposes of this Order, the vehicle and the trailer shall be deemed to be separate vehicles and the said driver shall be deemed to be the driver of each of the said vehicles.

20.No vehicle shall be left in any parking place if its length exceeds 5.5 metres or its height exceeds 2.0 metres, or in the case of a goods vehicle its unladen weight exceeds 1,525kg except with the permission of the Council.

21.Notwithstanding the provisions of this Order, the Council may by notice displayed at or near a parking place close or reserve for any purpose such a parking place or part thereof for any period and no driver of any vehicle shall use such parking place or part thereof when it is so closed or reserved except with the permission of the Council.

22.No person shall use any reserved bay other than for the purpose indicated by a sign or marking.

23.The payment of the appropriate charge at one parking place shall not permit a vehicle being parked at another parking place without further payment.

  1. The Council does not undertake to supervise any parking place and entry to and exit from and use of the parking bays is entirely at the users risk and the Council or its servants or agents does not accept any liability for any damage to or loss of vehicles or their contents which arise from any act or omission outside its reasonable control.

Parking Places for Disabled Badge Holders

25.Any person with a disabled persons badge and who is the owner of a vehicle of the following class, that is to say a passenger vehicle, or a goods carrying vehicle, may leave that vehicle free of charge in a parking bay designated for disabled motorists displaying a blue badge in a parking place which is specified in Schedules 1 to 22 to this Order.

Parking Places for motorcycles

26.Any person who is the owner of a vehicle of the following class, that is to say a motorcycle, may park free of charge in a parking place which is specified in Schedules 1 to 22 to this Order.

PART III – PARKING CHARGE AND PENALTY CHARGE

Manner of Payment – Pay and Display

27.Without prejudice to the provisions of Article 7 to this Order, the driver of a vehicle who leaves that vehicle in a parking place during the permitted hours shall immediately pay the appropriate charge as set out in Item 8 of Schedules 1 to 21 and Schedule 23 to this Order,

a.The charge shall be paid by the insertion into the ticket machine provided in the parking place of a coin or coins of the denominations specified in Item 14 of Schedules 1 to 20dependent on the period for which payment is being made and the class of vehicle, provided that if any payment is made over the appropriate charge, the charge together with the amount of the over payment shall be deemed to be the charge;

b.Payment of the charge shall be indicated by the issue by the machine of a numbered ticket showing the day and time of expiry of the charge and by the exhibition of that ticket on the vehicle in accordance with paragraphs (d) and (e) of this Article;

c.Any ticket purchased in accordance with paragraphs (a) and (b) of this Article is not transferable between one vehicle and another.

d.Upon payment of the charge the driver shall exhibit on the vehicle a ticket issued by the apparatus by affixing the ticket to the inside surface of the windscreen so that it is facing forwards and can be easily seen from the front of the vehicle.

e.The ticket shall be so exhibited that the time and other particulars shown thereon are clearly visible from outside the vehicle.

Manner of Payment – Pay on Foot

28.Without prejudice to the provisions of Article 7 to this Order, the driver of a vehicle who leaves that vehicle in a parking place in Schedule 22 during the permitted hours, on entering the parking place, must extract a ticket from the ticket dispensing machine which will automatically raise the entry barrier.

a.prior to leaving the parking place:

(i)the driver of the vehicle (excluding a Season Ticket holder, a vehicle displaying a valid disabled persons’ badge, electrically propelled vehicle or a motorcycle) should insert the said ticket into the pay on foot machine and pay the appropriate tariff shown in schedule 23 to this Order, in coin or coins or notes of the denominations specified in Item 14 of Schedule 22 in accordance with the instructions shown on that machine.

(ii)the driver of a vehicle displaying a valid disabled persons’ badge, an electrically propelled vehicle or a motorcycle shall produce the

ticket to the parking attendant, who will enable that vehicle to leave

the parking place without payment of the charge.

b.on reaching the exit barrier:

(i)the driver of the vehicle (excluding a Season Ticket holder, a vehicle displaying a valid disabled persons’ badge, electrically propelled vehicle or a motorcycle) should insert the ticket into the exit machine, and if necessary paying any surcharge displayed thereon, whereupon the exit barrier will raise automatically, allowing the vehicle to leave the parking place;

(ii)the driver of a vehicle being a Season Ticket holder, shall insert the Season Ticket into the exit machine whereupon the exit barrier will raise automatically, allowing the vehicle to leave the parking place.

Manner of Payment – Pay on Entry

29.Without prejudice to the provisions of Article 7 to this Order, the driver of a vehicle who leaves that vehicle in a parking place in Schedule 21 during the permitted hours, on entering the parking place, must pay the parking charge to the car park attendant.

a.the driver of a vehicle displaying a valid disabled persons’ badge shall produce thebadge to the parking attendant, who will enable that vehicle to enter the parking place without payment of the charge.

Permits or tickets to be displayed in vehicles

30.Subject to the provisions of Article 7, at all times during which a vehicle is left in a parking place in Schedules 1 to 20 during the permitted hours, the driver shall cause to be displayed either of the following: