Notice of proposal - Cranford Avenue and Bexton Road, Knutsford

Notice of proposal Cheshire East Borough Council (Cranford Avenue and Bexton Road, Knutsford) (prohibition of waiting) order 2019

The Cheshire East Borough Council (hereinafter referred to as “the Council”) in exercise of its powers under Sections 1, 2 and 4, of the Road Traffic Regulation Act 1984, as amended, (hereinafter referred to as “the 1984 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 and taking into account the duty contained within Section 122 of the 1984 Act hereby makes the following order:

Citation and interpretation

  1. This Order will come into operation on the  5 Sep 2019 and may be cited as the ‘Cheshire East Borough Council Cranford Avenue and Bexton Road, Knutsford) (Prohibition of Waiting) Order 2019’.
  2. In this Order:
  •  "the 2004 Act” means the Traffic Management Act 2004
  • “the 2007 Regulations” means The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 
  • “agent” means any person or company appointed by the enforcement authority for the purpose of collecting payments due under a penalty charge notice
  • “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
  • “disabled person’s badge” has the same meaning as in the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000   
  • “enforcement authority” has the same meaning as in Schedule 8 to the 2004 Act
  • “owner” in relation to a vehicle includes any person who, by virtue of Regulation 5 of the 2007 Regulations, falls to be treated as the owner of the vehicle
  • “parking disc” has the same meaning as in the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons)(England) Regulations 2000
  • “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
  • "penalty charge notice" has the same meaning as in Regulation 8 of the 2007 Regulations
  • “plan” means the plan attached to this Order
  • “prohibited road” means any of the lengths of roads and sides of roads specified on the plan as ‘No Waiting at Any Time’
  • “relevant position” in respect of a disabled person’s badge and a parking disc has the same meaning as in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000
  • “universal service provider”, “provision of a universal postal service” and “postal packet” shall bear the same meanings as in the Postal Services Act 2000

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 attached to 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.

  1. 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.

Prohibition of waiting

  1. Save as provided in Article 8 no person shall, except upon the direction or with the permission of a civil enforcement officer or police constable in uniform, cause or permit any vehicle to wait at any time in a prohibited road.

Exemptions

  1. Nothing in Article 7 of this Order shall render it unlawful to cause or permit any vehicle to wait 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 person to board or alight from the vehicle;
  • 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:
  • building, industrial or demolition operations
  • the removal of any obstruction to traffic
  • the maintenance, improvement or reconstruction of the said lengths or sides of road; and
  • the laying, erection, alteration or repair in or on land adjacent to 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 line of telecommunications 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 to be used in the service of a local authority, water undertaker, sewerage undertaker or the Environment Agency in pursuance of statutory powers or duties;

(d)          a marked vehicle, whilst used 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 take in petrol, oil, water or air from any garage situated on or adjacent to the said lengths or sides of road;

(f)           the vehicle to wait at or near to any premises situated on or adjacent to the said lengths or sides of road for so long as may be necessary in connection with any funeral;

(g)          a marked vehicle to be used by the fire brigade, ambulance service or police in the course of their dealing with an emergency; or

(h)         the vehicle to wait for as long as may be necessary for the purpose of enabling goods to be loaded on or unloaded from the vehicle in the said lengths or road or sides of road.         

(2)     Nothing in Article 7 shall apply to a vehicle in which is lawfully displayed 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 lengths of road or on any of the sides of road referred to in that Article 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 lengths of road or on the same side of road on the same day).                   

Contravention of order

  1. If a vehicle is left in any road or length of road in contravention or without complying with the requirements of this Order a contravention shall have occurred and the penalty charge shall be payable.

Penalty charge notice

  1. In the case of a vehicle in respect of which a penalty charge is payable, it shall be the duty of
  • a civil enforcement officer to serve a penalty charge notice in accordance with Regulation 9 of the 2007 Regulations; or
  • the enforcement authority to serve a penalty charge notice in accordance with Regulation 10 of the 2007 Regulations.

Manner of payment of penalty charge

  1. The owner of the vehicle in respect of which the penalty charge is payable shall pay the penalty charge as indicated on the penalty charge notice to the enforcement authority or its agent.

Indications as evidence

  1. The particulars given in the penalty charge notice served in accordance with Article 10 shall be treated as evidence in any proceedings relating to failure to pay such penalty charge.

Restriction on removal of notices 

A penalty charge notice attached to a vehicle in accordance with the provisions of Article 10 and Regulation 9(a) of the 2007 Regulations shall not be removed or interfered with except by or under the authority of the owner or person in charge of the vehicle or by some other person duly authorised by the enforcement authority.

The common seal of CHESHIRE EAST BOROUGH COUNCIL    

Director of Legal Services
Cheshire East Borough Council
4 September 2019