London Borough of Hammersmith and Fulham

LONDON BOROUGH OF HAMMERSMITH AND FULHAM

Traffic Management Order

No. 685

______

The Hammersmith and Fulham (Parking Places, Zone G) Order 2009

Made: 27th November 2009

Coming into force: 14th December 2009

______

ARRANGEMENT OF ARTICLES

PART I - PRELIMINARY

Article

Citation and commencement 1

Interpretation 2

PART II - DESIGNATION OF PARKING PLACES

Designation of parking places 3

Vehicles for which parking places are designated 4

Vehicles to display a permit or ticket when left in a parking place 5

Alteration of position of a vehicle in a parking place 6

Movement of a vehicle in a parking place in an emergency 7

Removal of a vehicle from a parking place 8

Exemptions for a motor cycle, or a vehicle displaying a disabled

person’s badge, 9

Contraventions 10

Published by the London Borough of Hammersmith and Fulham

The Town Hall, King Street, London W6 9JU

PART III - SUPPLEMENTARY PROVISIONS

Section 1 - General

Manner of standing in a parking place 11

Power to suspend the use of a parking place 12

Restriction on the use of a parking place 13

Restriction on waiting by a vehicle in a parking place 14

Installation of ticket machines, placing of traffic signs 15

Section 2 – The parking charge and indications relating to tickets,

ticket machines and permits

Amount of the parking charge and duration of parking periods

for ticket and smart visitor permit parking at parking places 16

Payment of the parking charge 17

Indications by ticket, ticket machine and smart visitor permit 18

Ticket, ticket machine, and records of payment as evidence 19

Exemptions from the parking charge and permit indications as evidence 20

No additional coins to be inserted in a ticket machine and no

further tickets to be displayed 21

Prohibition on displaying multiple tickets 22

Interval before a vehicle may again be left in a parking place 23

Restriction on the removal of permits or tickets 24

Section 3 – Permits

Application for and issue of residents’ permits 25

Application for and issue of business permits 26

Application for and issue of smart visitor permits 27

Issue of residents’ permits and business permits in relation to penalty

charge notices 28

Section 3 – Permits (continued)

Further verification of evidence in relation to permits 29

Appeal against a decision not to issue a permit 30

Refund of charge paid in respect of a permit 31

Renewal of permits 32

Surrender, withdrawal and validity of permits 33

Application for and issue of duplicate or amended permits or

replacement smart visitor permits 34

Form of permits 35

Section 4 - Revocation

Revocation of existing orders 36

PART IV - SCHEDULES

Schedule 1 - Designated parking places

Schedule 2 – Designated parking places

Schedule 3 – Designated parking places

Schedule 4 – Designated parking places

Schedule 5 - Streets or parts of streets for the purpose of the issue of permits

Schedule 6 - Documents to be provided with an application for a permit

Schedule 7 - Charges for and duration of permits

Schedule 8 – Revoked Orders

The Council of the London Borough of Hammersmith and Fulham, after consulting the Commissioner of Police of the Metropolis, in exercise of the powers conferred by sections 45, 46, 49 and 124 of and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984(a), as amended, and of all other powers thereunto enabling, hereby makes the following Order:

PART I - PRELIMINARY

Citation and commencement.

1. This Order may be cited as the Hammersmith and Fulham (Parking Places, Zone G) Order 2009 and shall come into force on 14th December 2009.

Interpretation

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

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

"agreement to pay outstanding penalty charge notices" means a formal agreement between the vehicle owner (in this case “owner” has the same meaning as in Regulation 2 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007(b)) and the Council, whereby the former undertakes to pay outstanding penalty charges through regular payments whilst the cases are placed on hold;

“business permit” means a permit issued under the provisions of Article 26;

“business permit holder” means a person to whom a business permit has been issued;

"business user" means a person who is the director, secretary or other authorised officer of a company which occupies premises the postal address of which is in any street or part of a street specified in Schedule 5 and who uses such premises for non-residential purposes and for the essential running of the business;

“civil enforcement officer” means a civil enforcement officer appointed by the Council under section 76 of the Traffic Management Act 2004(c);

"Council" means the Council of the London Borough of Hammersmith and Fulham;

______

(a) 1984 c.27 (b) S.I. 2007/3483 (c) 2004 c.18
“disabled person’s badge” has the same meaning as in Regulation 3(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000(a);

“disabled person”, in relation to a smart visitor permit, means a person who, at the time of applying for that permit, supplied the necessary information to the Council to prove that he or she is either the holder of a disabled person’s badge or is registered disabled with the Council;

"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;

“electronic communications network” has the same meaning as that which is within the Communications Act 2003(b);

“enactment” means any enactment, whether public general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

“foreign registration certificate”, in relation to a vehicle imported or temporarily brought into the United Kingdom, means a current document which is the equivalent of a UK registration certificate in the country from which the vehicle is imported or in which the vehicle was previously kept before being temporarily brought into the United Kingdom, as the case may be;

“goods" means goods of any kind whether animate or inanimate and includes postal packets of any description; and "delivering" and "collecting" in relation to any goods includes checking the goods for the purpose of their delivery or collection;

"goods carrying vehicle" means a motor vehicle which is constructed or has been physically adapted primarily for the use of the carriage of goods, and is not drawing a trailer for the avoidance of doubt, the lowering or removal of seats in a passenger vehicle is not sufficient to amount to ‘adaptation’ for the purposes of this definition;

“hard-copy form” means a form produced on paper;

"invalid carriage" has the same meaning as in section 136(5) of the Road Traffic Regulation Act 1984;

"maximum parking period", in relation to a parking place, means the maximum parking period specified as such at the beginning of the Schedule in which that parking place is referred to;

"minimum return period", in relation to a parking place, means the period of time specified as such at the beginning of the Schedule in which that parking place is referred to, such period being the interval between the time at which a vehicle is taken away from a parking place and the time at which it is returned to that same parking place if that is the case;

______

(a) S.I. 2000/638 (b) 2003 c.21

"motor cycle" has the same meaning as in section 136(4) of the Road Traffic Regulation Act 1984;

"owner", in relation to a vehicle, 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(a) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered;

“parking charge” means an amount specified in Article 16 which, subject to the provisions of this Order, is payable at a ticket machine or by the parking system in respect of a vehicle left in a parking place;

“parking period” means a period of time for which payment of the parking charge is or has been made in respect of a vehicle and during which, subject to the provisions of this Order, that vehicle may be left in a parking place;

"parking place" means any area on a street designated as a parking place by this Order, but excludes any area designated as a parking place by any other order made under section 6, 9 or 45 of the Road Traffic Regulation Act 1984;

“parking system” means the electronic transfer system, using electronic records and telephone or internet, set up and maintained by the service provider to accept and record payments of charges on behalf of the council;

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

“penalty charge notice” and “charge certificate” have the same meanings as in Regulation 2 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007;

"permit", without more, means either a residents’ permit or a business permit or a smart visitor permit;

“permit holder", without more, means a person to whom either a residents’ permit or a business permit or a smart visitor permit has been issued;

“permit holder only”, in relation to a parking place means, a parking place in which only a resident permit or a business permit or a smart visitor permit holder is eligible to park;

"permitted hours", in relation to a parking place, means the hours specified at the beginning of the Schedule in which that parking place is referred to;

"place of abode", in relation to a resident, an applicant for a residents’ permit or a smart visitor permit, or a driver referred to in the proviso to item 1(1)(a) of Schedule 6, means that resident’s, applicant’s or driver’s place of abode for not less than 4 days during every week within a continuous period of 3 months;

______

(a) 1994 c.22

“process of payment”, in relation to a smart visitor permit, means the process by which the parking charge is paid via the parking system;

“protective cover” means a protective cover issued by the Council under the provisions of Article 25(3)(b), 26(3)(b) or 27(3)(b);

"relevant penalty charge notice" means a penalty charge notice that is unpaid, has not been cancelled and its current status is at or beyond the charge certificate stage of the statutory process;

“registration certificate”, without more, means either a UK registration certificate or a foreign registration certificate;

"resident" means a person whose place of abode is at premises the postal address of which is in any street or part of a street specified in Schedule 5;

“residents’ permit” means a permit issued under the provisions of Article 25;

“residents’ permit holder” means a person to whom a residents’ permit has been issued;

“service provider” means the contractor authorised by the Council to accept and record payment of the parking charge on its behalf using the parking system;

"smart visitor permit" means a permit, consisting of a device bearing an electronic identifier relating to a smart visitor permit holder, issued under the provisions of Article 27;

“smart visitor permit holder" means a person to whom a smart visitor permit has been issued;

“ticket” means a ticket issued by a ticket machine in accordance with Article 17(2), which indicates that the parking charge has been paid and the date and time by which the parking period will expire;

“ticket machine” means a parking meter being an apparatus or device which for the purposes of this Order is designed to indicate the time and to issue tickets indicating payment of the parking charge and the parking period in respect of which such parking charge has been paid;

“UK registration certificate” means a current registration document issued to a vehicle in the United Kingdom under the provisions of Regulation 10(4) and 10A of the Road Vehicles (Registration and Licensing) Regulations 2002(a).

(2) Any reference in this Order to a numbered Article or Schedule shall, unless the context otherwise requires, be construed as a reference to the Article or Schedule bearing that number in this Order.

______

(a) S.I. 2002/2742 - as amended by S.I. 2003/3073

(3) Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended, applied, consolidated, re-enacted by or as having effect by virtue of any subsequent enactment.

(4) For the purposes of this Order, a vehicle shall be regarded as displaying a disabled person's badge in the relevant position when it is so regarded for the purposes of Regulation 4(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000.