NORTHYORKSHIRECOUNTYCOUNCIL
(HARROGATE,KNARESBOROUGH,PANNALANDBURN BRIDGE) (PARKINGANDWAITING)(NO 21) ORDER 2015
NorthYorkshireCounty Council(hereinafter referred to as ‘theCouncil) inexercise oftheirpowers under Sections 1(1), 2(1) to (3) and 4(2) of the Road Traffic Regulation Act 1984 (‘the Act”)and Part IVof Schedule 9 to the Act and the Traffic Management Act 2004 (“the 2004 Act) and of all other enabling powers and after consultation withthe Chief Officerof Police inaccordance withPart Illof Schedule 9 to the Act, hereby make the followingOrder:
PART I GENERAL
(1) When used inthis Order each of the followingexpressions has the meaning assigned to it below:
“carriageway”means that part of the road over which the publichave rightofway for the passage of motorvehicles and excludes anyway over whichthe public have rightof way on foot only;
“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;
“civilenforcement officer” means any officer of the Council who is duly authorised in writingin that behalf (from time to time) by the Councilto enforce the provisions of this Order pursuant to Section 76 of the 2004 Act and Section 63A of the 1984 Act;
“column”means a column ina Schedule or part ofa Schedule referred to or last referred to;
“disabled person” means a person who holds a disabled persons’ badge in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (No. 682) (and inparticular Regulation4 thereof) or any re-enactment thereto;
“disabled person’s badge” means a badge issued in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (as amended) (in particular Regulation 11 and the Schedule thereto) or under regulations having effect in Scotland and Wales under Section 21 of the Chronically Sick and Disabled Persons Act 1970 as referred to currently by the Local Authorities’Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (No.683) or any subsequent further re-enactments thereof;
“disabled person’s vehicle” means a vehicle driven by a disabled person as defined in Regulation 4(2) of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (No. 682);
“goods”shall mean items of any description whichcannot easily be carried byone person and do not includegoods that are not pre-ordered, shopping, small fragilegoods orcash or other valuable securities which are being collected or delivered from a bank/building society (except in the case of security company collections);
“goods vehicle” means a motor vehicle constructed or adapted for the carriage or haulage of goods or burden of any description (other than the effects ofpassengers) or a trailer so constructed or adapted whether or not such trailer may by superimposition be attached to the motor vehicle in such a manner as to cause a substantial part of its weight to be borne by the motor vehicle;
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(2) to 2. V 2 to or at of for the any any any wait road on other other length of 125(1) for wait to to, of direction direction Order or purposes any to any electricity period premises, any purposes. permit Schedule reasonably adjacent in in or the the the this in situated is or last or length vehicle Section to such sewer authority as adjacent authority; vehicle 2 on in with the Police upon water upon any fronting or any of purpose or any cause garage of defined purposes motor and long land such at water 1 to of gas, motor operations; as in so a of or any defined except of except any such situated such or or Schedulse; any vehicle; for as connection premises road, for for from from in, in of shall, shall, unlawful termination said or Ambulance permit supply air or following it from motor Schedules apparatus used functions Schedules permit Order. used or or premises place reconstruction the the for vehicle; or in the packets repair authority traffic; the or be be WAITING the length operations; in 1984; or this at person person Schedules said to of or for any take render Brigade, used water OF since no no Schedules. local cause Act to motor ito from postal the to statutory said cause any Order. a same 2000 be oil, in of specified or Fire shall the said to of the the near specified the Act this Order Order with demolition for 2 alteration officer, in Schedules; of apparatus conveniently elapsed in or conveniently the to road officer, communications obstruction petrol, or from 4 Saturday; improvement this this 2 taking or Order in unloaded Schedule road at of in vehicle enable: has said to used of of service LIMITATION in any specified or of collection PART this to Services cannot alight wait be of cannot the vehicle (3) (2) or Exemptions the take cable the on erection, it it specified of hour length connection funeral or to to road in AND if to if electronic industrial in 4 in length and and specified Schedule or or enforcement performance Monday of any Telecommunications Postal pipe, one enforcement motor road in specified enable any and in loaded laying, maintenance, delivery any removal board 5(1) 5(1) the used of civil to pm, road used the of the necessary 3 vehicle vehicle hour; vehicle vehicle civil vehicle that to than to be a of road main, or length the of of the to a the specified building, be the wait be be wedding by to of of 6.00 of one to to to less length motor specified motor motor motor motor Articles Articles any may PROHIBITION Articles of person any) and in in than any purpose of or the the necessary in road the adjacent (iv) the (v) (Ni) road (i) (ii) the a goods as (if length road vehicle am of period more any permission long permission a in 6.00 provided (f) (g) provided (e) (d) Nothing motor (b) (c) so (a) if waiting for the the length as as time with with the (i) in Save or between (a) (b) or any Save 5. 4, 3. r
(2) Nothing in Article3 of this Order shall render it unlawfulto cause or permit a disabled person’s vehicle which displays inthe relevant positiona disabled person’s badge whilst such motor vehicle is being used by or for the convenience of a disabled person and a parking disc (on which the driver or other person in charge of the motor vehicle has marked the time at which the period ofwaitingbegan) to wait inany ofthe lengths ofroad 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 motor vehicle in the same length of road on the same day).
(3) Nothing in Article4 of this Order shall render it unlawfulto cause or permit a disabled person’s vehicle whichdisplays inthe relevant position a disabled person’s badge towait in the length of road referred to in the said Articlewithout any limitationon time.
PART 3 PENALTYCHARGEANDPAYMENT
6. Where a motor vehicle:
(a) waits, parks or is lefton a road incontravention of the foregoing provisions of this Order or otherwise contravenes or fails to complywiththe provisions ofthis Order, insofar as it relates to a motor vehicle waiting, parking or being left on a road; or
(a) waits, parks or is lefton a road incontravention ofany other TrafficRegulation Order the provisions of which are not consolidated into this Order or fails to comply with the provisions ofany such Order insofar as itrelates to a vehicle waiting,parkingor being left on a road; or
(a) parks incontravention ofthe provisions of Sections 19 or 21 of the Road TrafficAct1988 (prohibition of parking of HGVs on verges, central reservations and footways), and (drivingor parking on cycle tracks);
a penalty charge shall be payable by the owner for each day of the said contravention or non compliance.
7. The penalty charge or reduced penalty charge shall be in the sum of the followingamounts:
(a) The penalty charge - Band 2 as set out in Section 1 ofThe CivilEnforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 subject to payment being received bythe Councilas provided inArticle11 within28 days beginning with the date of service of the penalty charge notice.
(b) The reduced penalty charge - a 50 per cent reduction of the penalty charge subject to payment being received bythe Councilas provided inArticle12 within14 days beginning with the date of service of the penalty charge notice.
(c) On the issue of a charge certificate inaccordance withthe provisions of Regulation21 of The CivilEnforcement of Parking Contraventions (England)General Regulations2007 to the effect that the penalty charge in question is increased by 50 per cent.
8. Service of a penalty charge notice or charge certificate bypost is deemed effectiveon the second workingday after the day of posting.
9. In the case of a motor vehicle in respect of which a penalty charge is payable under Article6 a penalty charge notice, whichshall complywiththe requirements of Regulation9 and the Schedule to The CivilEnforcement of Parking Contraventions (England)General Regulations2007, may be issued by a civilenforcement officer and may accordingly be affixed to the motor vehicle in a conspicuous position or given to the person appearing to be in charge of the vehicle,
10. In the case of a motor vehicle in respect of which a penalty charge is payable under Article6 a penalty charge notice, which shall comply with the requirements of Regulation 10 and the Schedule to The CivilEnforcement of Parking Contraventions (England) General Regulations
5
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2007, may be issued by post by the Council ifthe owner of the vehicle drives the vehicle away before the civilenforcement officer has issued a penalty charge notice or the civilenforcement officer has been prevented from issuing a penalty charge notice.
11. Payment ofthe penalty charge to the Councilshall be paid by electronictransfer, cash or bycredit card or debit card, cheque or postal order ineach case crossed and made payable to Harrogate Borough Councilwhich shall be delivered or sent by post so as to reach the relevant Department! Officeofthe Councilas stated on the penaltycharge notice not later than 4:30pm, within28 days beginning with the date of service of the penalty charge notice, but should the said Council Department! Officebe closed on that day, the periodfor receiving payment may be extended until 4:30pm on the next full working day. Payment may also be made in person or by phone as detailed on the penalty charge notice.
12. Payment ofthe reduced penalty charge to the Councilshall be paid byelectronictransfer, cash or by credit card or debit card, cheque or postal order in each case crossed and made payable to Harrogate Borough Councilwhich shall be delivered or sent by post so as to reach the relevant Department/Office of the Councilas stated on the penalty charge notice not later than 4:30pm, within14 days beginningwiththe date of service ofthe penalty charge notice, but should the said Council Department/Office be closed on that day, the period for receiving payment may be extended until4:30pm on the next fullworkingday. Payment may also be made in person or by phone as detailed on the penalty charge notice.
13. The particulars given in the penalty charge notice attached to a vehicle, given to the person appearing to be in charge of the vehicle or issued by post by the Council in accordance with Articles 6 to 12 shall be treated as evidence in any proceedings relating to failure to pay such penalty charge.
PART4 REVOCATIONOF EXISTINGORDER
14. The TrafficRegulation Order specified inColumn 1 of Schedule 3 to this Order is hereby revoked to the extent specified in Column 2 of that Schedule, and to the extent that the provisions of this Order are inconsistent with,or incompatiblewith, the provisions of any other Order, Byelaws or enactment relating to trafficregulation inthe Borough of Harrogate not specificallyreferred to in Schedule 3, the provisions of this Order shall prevailfor all purposes.
PART 5 OPERATIONOF THE ORDER
15. The prohibitions and restrictions imposed by this Order shall be in addition to and not in derogation from any restriction or requirement imposed by any Order or regulations made or having effect as ifmade under the Act or by or under any other enactment.
16. This Order shall come into operation on 26 June 2015 and may be cited as “NorthYorkshire CountyCouncil(Harrogate, Knaresborough, Pannal and BurnBridge)(Parking and Waiting)(No 21) Order 2015”.
SCHEDULEI WAITINGPROHIBITEDATALLTIMESWITHEXEMPTIONS
Column I Column 2 Column 3 Column 4 Item Road Side Length
1. U90 Bogs Lane, South West From itsjunctionwithHighStreet, to a point36.9 Starbeck, metres north west of its junction with High Harrogate Street.
6 Column I Column 2 Column 3 Column 4 Item Road Side Length
2. U90 Bogs Lane, North East From its junction with Forest Lane Head, to a Starbeck, point 36.9 metres north west of its junction with Harrogate Forest Lane Head.
3. C47 Forest Lane, South West From its intersection point with the south east Starbeck, kerb line of High Street (A59), to a point 62 Harrogate metres south east of its intersection point with the south east kerb line of HighStreet (A59).
4. C47 Forest Lane, North East From its intersection point with the south east Starbeck. kerb line of Forest Lane Head (A59), to a point Harrogate 50.5 metres south east of its intersection point with the south east kerb line of Forest Lane Head (A59).
5. A59 Forest Lane NorthWest From itsjunctionwithBogs Lane, to a point72.5 Head, Starbeck, metres north east of itsjunction withBogs Lane. Harrogate
6. A59 Forest Lane South East From its intersection point with the south east Head, Starbeck. kerb line of Forest Lane, to a point 54 metres Harrogate north east of its intersection pointwiththe south east kerb line of Forest Lane.
7. A59 HighStreet, NorthWest From itsjunction withBogs Lane, to a point25.2 Starbeck, metres south west of its junction with Bogs Harrogate Lane.
8. A59 HighStreet, NorthWest From a point 41.4 metres south west of its Starbeck, junction with Bogs Lane, to a point 65 metres Harrogate south west of itsjunction with Bogs Lane.
9. A59 HighStreet, South East From its intersection point with the south west Starbeck, kerb line of Forest Lane, to a point 65.4 metres Harrogate south west of its intersection pointwiththe south west kerb line of Forest Lane.
SCHEDULE2 WAITINGRESTRICTEDTO 1 HOURBETWEENTHE HOURS OF 8.00 AMAND6.00 PM, MONDAYTO SATURDAYINCLUSIVE- RETURNPROHIBITEDWITHIN1 HOUR
Column I Column 2 Column 3 Column 4 Item Road Side Length
1. A59 HighStreet, NorthWest From a point 25.2 metres south west of its Starbeck, junction with Bogs Lane, to a point 41.4 metres Harrogate south west of its junction with Bogs Lane.
7 SCHEDULE3 REVOCATIONS
Column I Column 2 Title of Order Extent of Revocation
North Yorkshire County Council (Harrogate, In so far as it relates to Schedule I (No waitingat any Knaresborough, Pannal and Burn Bridge) time), Items: (Parking and Waiting) (No.16) Order 2013 • 418 and 419 (Bogs Lane, Starbeck, Harrogate); • 894 (Forest Lane, Starbeck, Harrogate); • 897 (Forest Lane Head, Starbeck, Harrogate); • 1079 and 1080 (HighStreet, Starbeck, Harrogate); • 1090 (HighStreet, Starbeck, Harrogate); and
in so far as itrelates to Item 1, Schedule 17 (Limited1 hour waiting — HighStreet, Starbeck, Harrogate),
Given under THE COMMONSEAL of NORTHYORKSHIRECOUNTYCOUNCIL this €2’5 day of June 2015 in the presence of:-
A’ THORSED SGNATORY
8