NORTH COUNTY COUNCIL (PROHIBITION OF WAITING AND LOADING AND PROVISION OF PARKING) (VARIOUS ROADS IN THE DISTRICT OF SCARBOROUGH) ORDER 2007 (AMENDMENT NO 45) ORDER 2014

North Yorkshire County Council (hereinafter referred to as “the County Council”) in exercise of their powers under Sections 1(1), 2(1) to (3), 4(2), 32(1), 35(1) and 45 to 49 of the Road Traffic Regulation Act 1984 and under the Traffic Management Act 2004 (‘the 2004 Act”) and of all other enabling powers, and after consultation with the Chief Officer of Police in accordance with Part Illof Schedule 9 to the Act, hereby make the following Order: This Order shall come into operation on 3 May 2014 and shall be cited as “ County Council (Prohibition of Waiting and Loading and Provision of Parking) (Various Roads in the District of Scarborough) Order 2007 (Amendment No 45) Order 2014”. 2 This Order hereby amends “North Yorkshire County Council (Prohibition of Waiting and Loading and Provision of Parking) (Various Roads in the District of Scarborough) Order 2007” in so far as it relates to the lengths of road specified in Schedule 1 to this Order and revokes in its entirety “North Yorkshire County Council (Prohibition of Waiting and Loading and Provision of Parking) (Various Roads in the District of Scarborough) Order 2007 (Amendment No 44) Order 2014”.

3 The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

4 (1) In this Order the following expressions have the meanings hereby respectively assigned. “Act of 1984” means the Road Traffic Regulation Act 1984. ‘“2004 Act” means the Traffic Management Act 2004. “2000 Regulations” means The Disabled Persons (Badges for Motor Vehicles) () Regulations 2000, “Ambulance” means a vehicle which— (a) is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given; and (b) is readily identifiable as a vehicle used for the carriage of such people by being marked ‘Ambulance’ on both sides. “Borough Council” means the Scarborough Borough Council; “Bus” means a vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver; “Cause” includes permit; “Charge” means the payment for a parking ticket or Permit during the Charging Hours ‘“Charge Certificate” means the statement that the penalty charge has been increased in accordance with Regulation 21 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007;

‘“Charging Hours” means those hours and on those days during which parking for payment is in operation;

“Civil Enforcement Officer” means any person authorised by the Borough Council to supervise and control vehicles in the Parking Place and enforce the provisions of this Order pursuant to Section 76 of the 2004 Act and Section 63A of the Act of 1984;

“Coach” means a passenger vehicle constructed or adapted to carry more than 16 seated passengers with a maximum gross weight exceeding 7.5 tonnes and with a maximum speed exceeding 60 mph; “Controlled Hours” means those hours and on those days during which there are limitations on parking, waiting, loading and unloading; “County Council” means the NorthYorkshire County Council; “Disabled person’s badge” means a badge in the form prescribed by Regulation 11 of the 2000 Regulations issued by a local authorityfor display on a motor vehicle driven by a disabled person, or used for the carriage of a disabled person and includes a replacement badge issued in accordance with Regulation 7 of the 2000 Regulations. “Disabled parking place’ means any area of carriageway designated as a Parking Place reserved for disabled persons’ badge holders.

“Disc Parking Place” means a Parking Place reserved for vehicles displaying a Parking Disc.

“Enactment” means any enactment whether public general or local, and includes any order, bye law, rule, regulation, scheme or other instrument having effect by virtue of an enactment; “Goods” includes goods or burden of any description. “Goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods and exceeds 3050 kilograms or 3500 kilograms ifthe vehicle carries a container or containers for holding for the purpose of its propulsion any fuel that is whollygaseous at 17.5 degrees Celsius under a pressure of 1.013 bar or plant and materials for producing such fuel. “Higher Level Contraventions” are as defined in The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 or any amendment or re-enactment thereof;

“Lower Level Contraventions” means all parking contraventions which are not higher level contraventions as defined in The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 or any amendment or re enactment thereof;

“Motorcycle” means a mechanically propelled vehicle with less than 4 wheels and an unladen weight not exceeding 410 kilograms as defined in the Road Vehicles (Construction and Use) Regulations 1986; “Motor Vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“Owner” in relation to a MotorVehicle means the person by whom such MotorVehicle is kept and used;

“Parking Disc” means a disc issued by a local authority capable of showing the quarter hour period during which a period of waiting begins. “Parking Place” means an area on a highway described or designated as a parking place in Schedule 1 to this Order.

“Parking Space” means a space in a parking place that is provided for the leaving of vehicles. “Parking Ticket” means a ticket issued by a pay and display machine on payment of the appropriate fee; “Penalty Charge” means a charge set by the County Council in accordance withcharges set by the Secretary of State under the provisions of Section 77 and Schedule 9 of the 2004 Act and The CivilEnforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 which is to be paid to the Borough Council within28 days beginning with the date of service endorsed upon the Penalty Charge Notice in the manner set out in the Penalty Charge Notice;

2 “Penalty Charge Notice” means a notice issued or served by a Civil Enforcement Officer or posted by the Borough Council pursuant to the provisions of Section 78 of the 2004 Act and The Civil Enforcement of Parking Contraventions (England) Regulations 2007;

“Permit” means a permit issued by the Borough Council in accordance with their rules and as detailed in Schedules 3 and 4 to this Order. “Post office” and any reference to post office vehicle” or “postal packets’ shall be construed in the context of the Postal Services Act 2000 and the Consequential Amendments Order 2001 (No. 2001/648) and shall include therefore references to “universal service providers”, as the context shall require;

“Public service vehicle” means a vehicle as defined in Section 1 of the Public Passenger Vehicles Act 1981. “Reduced Penalty Charge” means a charge set by the County Council in accordance with charges set by the Secretary of State under the provisions of Section 77 and Schedule 9 of the 2004 Act and The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 which is to be paid to the Borough Council within 14 days following the date of service endorsed upon the Penalty Charge Notice in the manner set out in the Penalty Charge Notice;

“Relevant Position” means exhibited on the dashboard or fascia of the vehicle, or, where the vehicle is not fitted with a dashboard or fascia, exhibited in a conspicuous position on the vehicle, so that the front is clearly legible from the outside of the vehicle. “Road” means any length of highway or of any other road to which the public has access, and includes any bridge over which a road passes.

“Service” in respect of a Penalty Charge Notice means the forms of service specified in regulations 9 and 10 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 or any amendment or re-enactment thereof;

“Slipway” means a narrow sloping area of road which grants access to the sea for vessels and vehicles associated with the launching or retrieval of the vessels;

“Specified days” means those days described in Schedule 1 to this Order where restrictions apply for less than the calendar year; “Taxi” means a vehicle licensed to ply for hire within the area and does not include private hire vehicles. “Taxi rank” means an area of carriageway reserved for use by taxis plying for hire. ‘“Telecommunications apparatus” has the same meaning as in the Telecommunications Act 1984. “Timing point” means a place where a Public Service Vehicle may wait for the purpose of synchronising its journey time with the published schedule;

“Trailer”’ has the meaning assigned to it by Section 136 of the Road Traffic Regulation Act 1984;

“Zone” refers to any one of the parking zones containing the roads or lengths of roads described in Schedule 1 to this Order.

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

3 (4) Under a Deed of Arrangement made 12 september 2013 the County Council have agreed and arranged with the Borough Council that the Borough Council will discharge on behalf of the County Council the enforcement function conferred on the County Council in respect of the lengths of Road specified in Schedule ito this Order.

5 (1) Nothing in this Order shall render it unlawful to cause any vehicle to wait during the Controlled Hours for the lengths of Road, on the side of Road referred to therein, orin any part of a Parking Place, if the use of that part has not been suspended, for a period no longer than is necessary for: (a) a person to board or alight from the vehicle or load thereon or unload therefrom his or her personal luggage; (b) goods to be loaded on or unloaded from a vehicle, where the vehicle is necessary for the collection or delivery of those goods, (except in those Roads or lengths of Roads and during those hours where loading and unloading is prohibited). (c) a vehicle directly used in connection with any of the following operations, namely:

(i) the removal of any obstruction to traffic;

(U) the maintenance, improvement or reconstruction of any of the said lengths of Road or sides of Road; or

(iU) the laying, erection, alteration or repair in, or in land adjacent to any of 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 Telecommunications apparatus; (d) a vehicle, not being a passenger vehicle, being used in the service of a local authority in pursuance of statutory powers or duties provided that in all the circumstances it is reasonably necessary in the exercise of such powers or in the performance of such duties for the vehicle to wait in the place in which it is waiting; (e) a vehicle to be used for the purpose of delivering or collecting postal packets as defined in Section 125(1) of the Postal Services Act 2000; (f) a vehicle to wait at or near to any premises situated on or adjacent to said side or any of the said lengths of Road or parking place for so long as such waiting by that vehicle is reasonably necessary in connection with a funeral; or (g) a vehicle is being used for fire brigade, ambulance or police purposes; (h) a vehicle displaying a valid dispensation.

(2) Nothing in this Order shall render it unlawful to cause any Taxi to wait upon a Taxi Rank while plying for hire.

(3) Nothing in this Order shalt render it unlawful to cause a vehicle to wait in accordance with the provisions contained in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 (SI 1986 No. 178) and any amendments thereto.

(4) Nothing in this Order will make it illegal for a driver of a Public service vehicle to allow that vehicle to wait at a recognised Timing point.

6 Every vehicle left in a Parking Space in accordance with the provisions of this Order shall stand so that its wheels are wholly within the Parking Space and it does not obstruct the premises adjacent to the side of the road on which the vehicle is standing. 7 During the period of operation of a Parking Place specified in this Order no person shall without the written consent of the Borough Council and subject to such conditions as the Borough Council from time to time decide use any vehicle while it is in the Parking Place, in connection with any commercial activities, or the advertisement or sale of any article to persons in or near the Parking Place, or in connection with the selling or offering for hire of his skill or services.

4 a 8 No person shall use any part of a Parking Place or any vehicle parked in a Parking Place- (a) for sleeping or camping or cooking; or (b) for the purpose of servicing or washing any vehicle or part thereof other than is reasonably necessary to enable that vehicle to depart from the Parking Place.

9 (1) Any person duly authorised by the Borough Council may suspend the use of a Parking Place or any part thereof whenever he considers such suspension reasonably necessary for the purpose of: (c) facilitatingthe movement of traffic: (d) promoting its safety; (e) preventing obstruction; (f) the undertaking of works in or adjacent to the parking place: or (g) for the convenience of occupiers of premises adjacent to the parking place. (2) When the Parking Place or any part thereof has its operation suspended pursuant to paragraph (1) of this Article no person shall cause any vehicle to wait or load or unload in that Parking Place or part thereof for the duration of the suspension, provided that nothing in this paragraph shall render it unlawfulto cause an ambulance or any vehicle being used for fire brigade or police purposes, to enter or be left in that Parking Place or pad thereof during the period of suspension, or to any other vehicle so left, ifthat vehicle is displaying a valid dispensation issued by the Borough Council. 10 Where a CivilEnforcement Officer is of the opinion that any of the provisions of this Order have been contravened or not complied with in respect of a vehicle he may remove or cause to be removed the vehicle and, where it is so removed, shall provide for the safe custody of the vehicle. ii Where a CivilEnforcement Officer is of the opinion that any of the provisions of this Order have been contravened or not complied with in respect of a vehicle he may alter or cause to be altered the position of the vehicle in order that its position shall complywiththose provisions. 12 A Police Constable in uniform or CivilEnforcement Officer may move or cause to be moved, in case of emergency, to any place he thinks fit any vehicle left in a Parking Place. Prohibition of Waiting. Loading and Unloading

13 Save as provided in Article5 no person shall, except upon the direction or withthe permission of a CivilEnforcement Officer cause any vehicle to wait nor allow goods to be loaded on or unloaded from the vehicle at the times and in the lengths of Road so specified in Schedule ito this Order. Parking without Payment

14 Save as provided in Article5 no person shall, except upon the direction or with the permission of a CivilEnforcement Officer, cause any vehicle to wait in any of the lengths of Road, and for the times specified, in Schedule ito this Order, and which are thereby authorised for use as Parking Places, nor may a vehicle return to any such Parking Space in the same Parking Place until the expiry of the time specified for that Parking Place in the Schedule unless it is displaying a permit valid for that Parking Place at that time. Permit Parking

15 Save as provided in Article5 no person shall, except upon the direction or withthe permission of a CivilEnforcement Officer,cause any vehicle to wait in any Parking Place during the times specified for that Parking Place in Schedule 1 to this Order unless it is displaying in the relevant position a permit valid for that Parking Place at that time or, being a Disc Parking Place, is displaying a parking disc as specified in Article19. The types of permit, parking charges, entitlement and permit charges are described in Schedules 3 and 4 to this Order,

5 Disabled Parking 16 Save as provided in Article 5 no person shall, except upon the direction or with the permission of a Civil enforcement officer cause any vehicle to wait in any disabled parking place described in Schedule 1 to this Order unless it is displaying a Disabled Person’s Badge and disc (parking clock) in the relevant position and set the disc so that it indicates the quarter of an hour period during which the vehicle arrived at the parking place in the relevant position. Loading Bays 17 Save as provided in Article 5 no person except upon the direction or with the permission of a Civil Enforcement Officer shall cause any Goods vehicle to wait other than to allow goods to be loaded on or unloaded from the vehicle in the lengths of Road so specified in Schedule 1 to this Order. School Entrances 18 No person shall except upon the direction of a Civil Enforcement Officer cause any vehicle to stop or remain at rest on any of the sides of lengths of Road so specified in Schedule 1 to this Order between the hours and on the days specified therein except as may be necessary to avoid an accident or is prevented from proceeding by circumstances outside his control. Disc Parking

19 A vehicle that is parked in a Parking Place in the lengths of Road specified in Schedule 1 to this Order as being in a Disc Parking Place and does not display a valid permit must display a Parking Disc in the Relevant Position and set the disc so that it indicates the quarter of an hour period during which the vehicle arrived at the Parking Place.

Penalty Charge and Payment 20 Where a Motor vehicle parks in contravention of the provisions of Sections 19 or 21 of the Road Traffic Act 1988 (prohibition of parking of HGVs on Verges, central reservations and footways and driving or parking on Cycle Tracks) a Penalty Charge shall be payable by the Owner for each day of the said contravention or non-compliance.

Parking for Payment

21 Save as provided in Article 5 no person shall, except upon the direction or with the permission of a Civil Enforcement Officer, cause any vehicle to wait in any Parking Place in the lengths of Road, and for the times so specified, in Schedule 1 to this Order, and which are thereby designated as Parking Places, unless it is displaying in the Relevant Position a Parking Ticket valid for that Parking Place at that time or a Permit valid for that Parking Place at that time.

22 No vehicle which has been taken away from a Parking Place, after the initial charge has been incurred, shall until the expiration of 1 hour from the time it was taken away again be left in that Parking Place during the Charging Hours,

23 The amount of charge for a vehicle left in a Parking Place during the Charging Hours shall be as detailed in Schedule 2 to this Order.

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Street East East Side Of Street Name Start Point Restrictions Hours Zone Road End Point A point 20 A point 39 metres metres east of east of its junction North Terrace, its junction with Bus Stop P&D South with the Access to Whitby the Access to Clearway Zone the front of West the front of West Cliff Cottage Cliff_Cottage A point 39 A point 92 metres metres east of 1tt east of its junction Mar to North Terrace, its junction with Pay and 31st P&D South with the Access to OC Whitby the Access to Display Zone the front of West 9am to 7pm the front of West Cliff Cottage Cliff_Cottage

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A point 7.5 A point 10 metres metres west of North Terrace, east of its eastern No wailing Al Any South its eastern at P&D Whitby junction with Royal any lime junction with Time Zone Royal Crescent Crescent

A point 10 A point 40 metres 1st metres east of Mar to North Terrace, east of its eastern Pay and P&D South its eastern 31st Oct Whitby junction with Royal Display Zone junction with 9am to 7pm Royal_Crescent Crescent

8

A Side Of Start Point End Point Zone Street Name Road Restrictions Hours A point 40 metres east of A point 9 metres North Terrace, Bus P&D South its eastern west of its junction Whitby Clearway Zone junction with with Esplanade Royal Crescent

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A point 25 metres A point 43 west of its south Terrace, metres east of Bus stop P&D North North western corner of Whitby itsjunction with cleaRcay Zone the LiftTo West ArgyleRoad CliffBeach

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A point 36 metres Its south eastern 1st east of the south Mar to NorthTerrace, corner of the Lift Pay and 31s1 P&D North eastern corner of Oct Whitby To West Cliff Display Zone the LiftTo West 9am to 7pm CliffBeach

A point 36 A point 47 metres metres east of east of the south North Terrace, the south No waiting at P&D North eastern corner of Whitby eastern corner any time Zone the LiftTo West of the LiftTo CliffBeach West CliffBeach A point 47 A point 60 metres metres east of I 1St west of itsjunction Mar to NorthTerrace, the south Pay and 31st P&D North withentrance to car Oct Whitby eastern corner Display Zone park off North 9am to 7pm of the LiftTo Terrace Cliff West Beach p

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SCHEDULE 2

PARKING CHARGES

1st March to 31st October 09:00 to 19:00 all days

Whitby Sandsend seafront (part) North Promenade North Terrace East Terrace

1 hour I £2.00 £020 For 1hr tariff only, no return in 4hrs

2 hours £3.00 £3.00

4 hours £5.00 £500

8 hours £6.00 -

24 hours - £6.00

Max stay 8 hours 24 hours no return within 1 hour

No permits or scratchcards will be issued for or valid for use within the Pay & Display zones.

12 SCHEDULE3

(TYPES OF PERMITS, PARKINGPLACES ANDENTITLEMENTS) Column I Column 2 Column 3 Column 4 Column 5 (Type) (Persons Entitled) (Parking Places) (Circumstances Where Entitlements) Permit is not Valid) Household A person whose Any parking place (a) The permit is Permit place of residence situated withinthe displayed on a class of is situated wholly zone(s) which are vehicle not permitted to withina zone. identifiedon the park in the parking permit. place. (b) The permit holder has ceased to qualify under the provisions of I Column 2. (c) The permit is displayed otherwise than on a vehicle kept and used by a member of the permit holder’s household or visitor to the household.

Residents’ A maximum of Any parking place (a) The permit is Guests’ Permits 50 per year per in the zone(s) displayed otherwise qualified which are than on a vehicle the (Scratch Card) person within identifiedon the driver of which is a the zone. Save scratch card visitorto the scratch officers have card holders discretion to household. allowan (b) The permit holder additional 50 has ceased to qualify subiet to under the provisions of ustification J . Column 2. (c) The permit is displayed on a class of vehicle not permitted to park in the parking place. (d) The permit has not been correctly validated by the permit holder in accordance with the conditions on the reverse thereof. (e) The permit has not come into effect or has expired. j______

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‘ authorit” ‘ to park in the parking place.

Attendance A person who is A maximum of Any parking place (a) The permit is Permit either: one per situaled within the displayed on a ciass of

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Tradesmans A qualified At the Any parking place (a) The permit holder Permit tradesman carrying discretion of situated within the has ceased to qualify out works within a an Officer. zone(s) indicated under the provisions of zone with a on the letter Column 2. qualification accompanying (b) The vehicle is not of a recognised by the permit. class permitted to park local authority. in the parking place.

15 1’

Column I Column 2 Column 3 Column 4 Column 5 (TyDe) (Persons Entitled) (Parking Places) (Circumstances Entitlements) Where Permit is not Valid)

Tradesmans A qualified A maximum of The parking place (a) The permit holder Exemption tradesman carrying one per within the zone has ceased to qualify out works within a qualified which is identified under the provisions of zone with a applicant, on the permit. Column 2. qualification (b) The vehicle is not of recognised by the a class permitted to local authority‘ park in the parking place. Garages A garage within a At the The parking place (a) The permit is parking zone that discretion of within the zone displayed on a class of need to park a an Officer. which is identified vehicle not permitted to class of vehicle on the permit. park in the parking permitted to park in place. a parking place, (b) The permit holder which does not have sufficient has ceased to qualify under parking places the provisions of Column 2. available within the curtilage (“The (c) The permit is not : Permit Premise&) displayed on a vehicle being used by:

i. a permit holder for the purposes of the permit holder’s business at the permit

; premises; ii. an employee of the permit holder working

I at the permit premises; iii. a visitor to the permit premises.

16 SCHEDULE 4 PERMIT CHARGES

Residents Priority (‘Disc’ or ‘Permit Holders Only’) Parking Scheme Zone

Type of Permit or Authorisation Card Charges Household Permit i” permit — discounted to £5 per year (usually £17) until 2017, when price will rise in line with the rest of the borough. 2nd permit - £27 per year Additional Household Permits 3 and additional permits - £44 per year. Free to disabled badge holders, persons receiving disability benefit, income support, guaranteed pension credit, job seekers allowance, employment and support allowance. Residents’ Guests’ Permit (Scratch Card) £0.10 per day Holiday Accommodation Permit (Scratch Discounted to 50p per (usually £1.60 or 80p for 2 days) until Card) 20i7, when price will rise in line with the rest of the borough. Card valid for 4 days. Business Permit 1st permit - £77.00 I annum 2nd permit -£154.00? annum 3rd permit -£231 .00/ annum 4th permit onwards £308.00 per annum

Special carer permit Nil

Discretionary permit Nil

Health Emergency Badge Nil

Attendance Permit Nil Tradespersons’ Permit 1st permit -£26.00/ annum 2nd permit -£52.00/ annum 3rd permit -£77.00/ annum 4th permit onwards - Li 02.00 per annum Tradesman’s Exemption Residents Zone £1.00 per day £6.00 per week

Garage £20 per annum each Duplicate Permits £10.00*

Reduced to half price for registered disabled persons or in receipt of income support, unemployment benefit and for Nil priced permits.

17 THE COMMON SEAL of NORTH YORKSHIRE COUNTY CQUNCIL was hereunto affixed this 2. Sttâay of April 2014 in the presence of: /

AUTHORSED SIGNATORY

18