Nottingham City Council ( ???? Nottingham) (Prohibitions and Restrictions of Waiting) Traffic Regulation Order 2013 (TMP ????)
NOTTINGHAM CITY COUNCIL
ROAD TRAFFIC REGULATION ACT 1984 AND TRAFFIC MANAGEMENT ACT 2004
NOTTINGHAM CITY COUNCIL (####, NOTTINGHAM) (PROHIBITIONS OF WAITING ###) TRAFFIC REGULATION ORDER 2013 (TMP ####)
Nottingham City Council ("the Council") in exercise of its powers under Sections 1, 2, 4, 5, 32, 35, 35A (1) and (3), 45, 46, 46A 48, 49 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 ("the Act”), and by the virtue of Section 74 and paragraph 8 (4) of Schedule 8 of the Traffic Management Act 2004 (“the 2004 Act”) and all other enabling powers, the City of Nottingham being a Civil Enforcement Area (CEA), and after consultation with the Chief Constable for the Nottinghamshire Police Authority in accordance with Part III of Schedule 9 to “the Act”, hereby makes the following Order:-
COMMENCEMENT
This Order shall come into force for all purposes on the ## day of #### 2013 and may be cited as "Nottingham City Council (XXXX, Nottingham) (Prohibitions of Waiting etc.) Traffic Regulation Order 2013 ".
ARRANGEMENT OF SECTIONS
Sections 1 to 10 inclusive of Part I of this Order: - Not Allocated.
Part II of this Order:- Not Allocated.
Part III of this Order: - Not Allocated.
GENERAL – provisions applying to all parts of this Order.
DEFINITIONS – applying to all parts of this Order.
GENERAL PARAGRAPHS : RESIDENTS CONTROLLED ZONES - RESIDENTS’ BUSINESS AND VISITORS’ PARKING PERMITS
PART I
(Waiting and Parking Control)
Section 1 : Controlled Parking Zones, Residents’ Parking Zones, Verge / Footway Zones and Prescribed Hours (Articles 1 to 7)
Section 2 : Prohibition and Restriction of Waiting (Articles 8, 9 and 10)
Section 3 : Parking Places (Specified Classes of Vehicle) (Articles 11 to 20)
Section 4 : Parking Places (Pay & Display) (Articles 21 to 33)
Section 5 : Residents’ Parking Places (Articles 34 to 47)
Section 6 : Bus Stop Clearways (Article 48)
Section 7 : Taxi Clearways (Article 49)
Section 8 : Entrance Clearways (Article 50)
Section 9 : Parking Places (Off Street) (Articles 51 to 84)
Section 10 : Clearways (Articles 85 and 86)
PART III
(Revocations and Suspensions
PERMANENT
Section 1 : Permanent Revocation in Part (Article 1)
Section 2 : Permanent Revocation in Whole (Article 2)
Section 3 : Permanent Revocation of Specified Length(s) of Road (Article 3)
GENERAL
G1. All lengths of road specified in this Order are lengths of road in the City of Nottingham.
G2. The prohibitions and 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” as amended aforesaid or by or under any other enactment.
G3. Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment.
G4. In this Order where the context requires, the masculine includes the feminine and the neuter and vice versa, the singular includes the plural and vice versa.
G5. In this Order heading are included for ease of reference only and shall not affect the interpretation or construction of the Order.
G6. The power to suspend or modify the operation of this Order or any provision of it by virtue of Section 10 of ‘the Act’, is hereby reserved to the Traffic Manager.
G7. The Council has set penalty charge levels payable in respect of any parking contraventions specified in paragraph 4 of Schedule 7 of “the 2004 Act” and in accordance with The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 SI 2007/3487
G8. The Council will take enforcement action in respect of parking contraventions as follows: -
1. in accordance with The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 SI 2007/3483 and for this purpose it may use an “Approved Device” as defined in The Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007 SI 2007/3486
2. the Council’s Civil Enforcement Officers (CEO) shall wear uniform when exercising the functions specified in Regulation 2 of The Civil Enforcement (Wearing of Uniform) (England) Regulations 2007 SI 2007/3485 namely giving notification of a Penalty Charge, immobilising a vehicle and removal of parked and abandoned vehicles
3. the Council will comply with the provisions relating to representation and appeals specified in The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 SI 2007/3482
4. the Council’s CEO will remove vehicles left on a road in a Civil Enforcement Area in accordance with The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007 SI 2007/3484
G9. A further Penalty Charge shall be payable for each additional day or part of a day during which the vehicle is left in contravention of any prohibitions or restrictions imposed by this Order. Any additional penalty is to be paid in the manner detailed in G7 (1) of this Order.
G10. A CEO or a person under his direction removing a vehicle or altering its position by virtue of this Order 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 to enable him to remove it or alter its position, as the case may be.
G11. When a CEO or a person under his direction who is also authorised by the Council, removes or makes arrangements for the removal of a vehicle from a highway by virtue of this Order, he shall make such arrangements as may be reasonably necessary for the safe custody of the vehicle.
G12. If a vehicle or permit holder contravenes any prohibition, restriction or provisions of this Order or conditions of a Restricted Access Permit or a Dispensation permit or Disabled Person’s Badge, then a CEO may issue a PCN in line with G7 (1)
G13. CONFLICT PROVISION; in case of conflict between the provision of this Order and those of the ‘2004 Act’ and subordinate legislation made under its authority, then that legislation takes priority over the provisions of this Order.
Definitions
In this Order the following words and phrases (where used) have the meanings ascribed to them as follows:-
D1. “Additional Parking Charges” means penalty charges, being charges made by the Council under the provisions of Regulation 3 and 4 of The Civil Enforcement of Parking Contraventions (Guidelines on levels of Charges) (England) Order 2007 SI 2007/3487 for the removal, storage and disposal of vehicles and charge in respect of the release of a vehicle from an immobilisation device fixed under Section 79 of “the 2004 Act”.
D2. “Authorised Officer” means a person authorised by or on behalf of the Council to supervise any parking place, or in respect of civil enforcement of parking contraventions, a person who is authorised to use an approved device.
D3. "Bus" has the same meaning as in Regulation 22 of the Traffic Signs Regulations and General Directions.
D4. “Bus Lane" means any length of road specified in this Order and bounded by delineating road markings as prescribed under regulations for use as a Bus Lane.
D5. “Bus Only Street” and “Bus Gate” means any length of road specified in this Order and delineated by road markings and signs as prescribed in the Traffic Signs Regulations and General Directions.
D6. “Bus Stop Area” means any area of carriageway of a road (which is specified and intended for the waiting of a local bus) which is comprised within and indicated by a road marking complying with either diagram 1025.1 or 1025.3 in Schedule 6 to the Traffic Signs Regulations and General Directions.
D7. “Bus Stop Clearway Hours” means the hours specified in Column 3 of Schedule 6 of Part I, in relation to a length of road.
D8. “Business” means premises within a length of any road or part of a road being a part of a Residents’ Parking Zone described in Schedule 1 of Part I, against which business rates are charged and recorded by the Council, or premises deemed to be operating as a business by the Council.
D9. “Business, Dispensation and Business Visitors Parking Permit" means a permit issued under established criteria governing the issue of such permits as determined by the Traffic Manager and as amended from time to time.
D10. "Business, Dispensation and Business Visitors Parking Permit Charge" shall be an amount set by the Traffic Manager (as defined by Section 17 (2) of “the 2004 Act”) and amended from time to time in accordance with Section 45(2)(b) of “the Act”.
D11. "Business, Dispensation and Visitors Parking Permit Holder" means a person to whom a permit has been issued under established criteria governing the issue of such permits as determined by the Traffic Manager and as amended from time to time.
D12. "Business, Dispensation and Business Visitors Parking Permit User" means a person using a permit for the purpose specified in General Paragraphs: Residents Controlled Zones Residents’, Business, Dispensation and Visitors’ Parking Permits, as appropriate.
D13. “Car” means a mechanically propelled vehicle, not being a motor cycle or invalid carriage, which is constructed itself to carry a load or passengers.
D14. “Card" means a parking Card (with a card identifier symbol) issued for the use in a Parking Places (Pay and Display) Bay, Place or Space and is issued under established criteria governing the issue of such Card as determined by the Traffic Manager and as amended from time to time.
D15. "Card Holder Charge" shall be an amount set by the Traffic Manager (as defined by Section 17 (2) of “the 2004 Act”) and amended from time to time in accordance with Section 45(2)(b) of “the Act”.
D16. "Card Holder" means a person to whom a Card has been issued under established criteria governing the issue of such Card as determined by the Traffic Manager and as amended from time to time.
D17. "Card Holder User" means a person using a Card for the purpose specified in Part I Section 4: Parking Places (Pay and Display), as appropriate.
D18. "Card Identifier Symbol" means a reference number containing both letter(s) and numeral(s) which denotes the location of a particular Parking Place (pay and display) as specified in Columns 6 and 2 of Part 1 Schedule 4.
D19. “Carriageway” means a way constituting or comprised in a highway being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles.
D20. “Civil Enforcement Officer” has the same meaning as that ascribed to it in Section 76 of “the 2004 Act”.
D21. "Clearway" means any road, or any part of the road, or any part of the width of the road as specified in this Order (where vehicles are prohibited from stopping unless otherwise specified in this Order) and as delineated by road markings and/or signs as prescribed in the Traffic Signs Regulations and General Directions, as amended.
D22. “Controlled Parking Zone” has the same meaning as that ascribed to it in the Traffic Signs Regulations and General Directions.
D23. "Cycle Lane" means a length of road specified in this Order as a Cycle Lane and bounded by delineating road markings as prescribed under Regulations.
D24. "Director" means the Nottingham City Council's Director of Development.
D25. “Disabled Person’s”
(1) “Disabled Person’s Vehicle” means a vehicle displaying a valid Disabled Person’s Badge.
(2) “Disabled Person’s Badge” has the same meaning as in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000.
D26. “Dispensation Permit” means a valid permit means a permit issued under established criteria governing the issue of such permits as determined by the Traffic Manager and as amended from time to time after the receipt of the “Dispensation Permit Charge”.
D27. “Dispensation Permit Charge” shall be an amount set by the Traffic Manager (as defined by Section 17 (2) of “the 2004 Act”) and amended from time to time in accordance with Section 45(2)(b) of “the Act”.
D28. "Dual Purpose Vehicle" has the same meaning as in Regulation 3(1) of the Motor Vehicles (Construction and Use) Regulations 1978.
D29. “Electronic Communications” has the same meaning as in Schedule 2, paragraph 1 of the Telecommunications Act 1984 as amended.
D30. “Entrance Clearway” means any area of carriageway or a road which is comprised within and indicated by a road marking complying with diagram 1027.1 in Schedule 6 to the Traffic Signs Regulations and General Directions.
D31. “Entrance Clearway Hours” means the hours specified in Column 3 of Schedule 8 of Part I, in relation to a length of road.
D32. “Footway” means a way constituting or comprised in a highway a way (other than a cycle track) over which the public have a right of way for the passage of pedestrians.
D33. “Footway Loading Area” means any length of footway intended for loading or unloading purposes.
D34. “Goods” means articles and property of any description, including postal packets of any kind that have been purchased and are ready for collection, provided that it would be unreasonable for an individual to carry such Goods, further than a reasonable distance for the purpose of loading them into a vehicle.
D35. “Goods Vehicle” has the same meaning as that ascribed to it in Section 192(1) of the Road Traffic Act 1988.