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The Kent County Council

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The Kent County Council THE KENT COUNTY COUNCIL (VARIOUS ROADS, DARTFORD) (PROHIBITION & RESTRICTION OF WAITING) CONSOLIDATION ORDER 2001 ROAD TRAFFIC REGULATION ACT 1984 THE KENT COUNTY COUNCIL, acting as the local traffic authority and in exercise of its powers under Sections 1, 2, 4 and 124 of and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984, 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 said Act of 1984, hereby makes the following Order. 1 . DEFINITIONS In this Order: - "The 2000 Regulations" means the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000; "The 1982 Regulations" means the Disabled Persons (Badges for Motor Vehicles) Regulations 1982; "The 1970 Act" means the Chronically Sick and Disabled Persons Act 1970; "The 1984 Act" means the Road Traffic Regulation Act 1984; "Cycle" Means a pedal bicycle or a pedal tricycle not being in either case capable of being propelled mechanically and "cycles" shall be construed accordingly; "Bus" means: - (i) a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) and (ii) local buses not so constructed or adapted, as defined in Section 22 of The Traffic Sign Regulations and General Directions 1994; "Bus lane" means one of the traffic lanes described in the Schedules to this Order which is reserved for use by buses and cycles and which is comprised within and indicated by a road marking complying with diagram nos. 1048, 1048 .1 and 1049 in Schedule 6 to the Traffic Signs Regulations and General Directions 1994 and which is indicated by signs complying with diagram nos. 958, 959, 960, 961, 962.2 and 963 .2 in Schedule 5 to the said Regulations of 1994 and "bus lanes" shall be construed accordingly; "Bus Stop Area" means any area of carriageway specified in the Schedules, intended for the waiting of buses, which is comprised within and indicated by a road marking complying with either diagram 1025.1 or 1 dgh/decrim/waiting/articles Version 2 diagram 1025.3 in Schedule 6 to the Traffic Signs Regulations and General Directions 1994; "Carriageway" means a way contributing 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 ; "Driver" in relation to a vehicle waiting in a street parking place, means the person driving the vehicle at the time it was left in the parking place; "Disabled person" means a person more than 2 years old and falling within at least one of the prescribed descriptions in regulation 4 of the 2000 Regulations; means a badge subject to paragraph (1A) of "Disabled Person's Badge" regulation 2 of the 2000 Regulations, in the form prescribed by regulation 11 of the 2000 Regulations, issued by a local authority for 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 11 of the 2000 Regulations ; "Disabled person's has the meaning given by section 117(3) of the concession" 1984 Act; has the same meaning as in the Disabled Persons "Disabled Persons Vehicle" (Badges for Motor Vehicles) Regulations 1991 ; "Disabled Persons Vehicle" has the same meaning as in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1991 ; "Goods Vehicle" means a motor vehicle or trailer constructed or adapted for use for the carriage of goods or burden of any description; "Holder" in relation to a disabled person's badge means the individual or institution to whom a disabled person's badge was issued; "Institution" means an institution concerned with the care of disabled persons to which a disabled person's badge may be issued in accordance with Section 21(4) of the 1970 Act; "Individual's badge" means a disabled person's badge issued to an individual disabled person ; "Institutional badge" means a disabled person's badge issued to an institution ; 2 dgh/decrim/waiting/articles Version 2 "Issuing Authority" in relation to a disabled person's badge, means the local authority which issued the badge; and "Local Authority" means a County Council, District Council, the Council of the Isles of Scilly, a London Borough Council or the Common Council of the City of London; "Lay-by" means any area intended for the waiting of the vehicles, and lying at a side of the road and bounded partly by a traffic sign of the type shown in diagram 1010 of the Traffic Signs Regulations and General Directions 1994, and partly by the outer edge of a main carriageway on the same side of the road as that on which the sign is placed; "Licensed Taxi" has the same meaning as in the Transport Act 1985 and Town Police Clauses Act 1847 and 1889; or similar enactment and carries less than 9 passengers . "Local Bus" means a bus used in the provision of a local service; "Local Service" has the same meaning as in Section 2 of the Transport Act 1985; "Owner" has the same meaning as in Section 142 of the Act of 1984; "Parking Attendant" means a person employed by the Council to supervise any parking place; "Parking Disc" means a disc, issued by a Local Authority, 125 mm in diameter, and capable of showing the quarter hour period during which a period of waiting begins; and "Parking Permit" means the certificate issued by the Council from time to time that authorises a vehicle left in a Parking Place subject to the provisions of this Order. "Parking Place" means any area of land or highway designated in the Schedules to this Order provided by the Council under the 1984 Act for use as parking spaces and marked as such in accordance with the Traffic Signs Regulations and General Directions 1994 . Relevant Position" means: - (i) in the case of a vehicle fitted with a dashboard or facia panel, the badge is exhibited thereon so that Part 1 of the badge is legible from outside the vehicle; (ii) in the case of a vehicle not fitted with a 3 dgh/decrim/waiting/articles Version 2 dashboard or facia panel, the badge is exhibited in a conspicuous position on the vehicle so that Part 1 of the badge is legible from outside the vehicle; "Restricted Street" Means any length of street referred to in the Schedules to this Order; "School Keep Clear Area" means the lengths of roads described in the Schedule which are intended to be kept clear of vehicles and which are comprised within a road marking complying with diagram 1027.1 in Schedule 6 to The Traffic Signs Regulations & General Direction Regulations 1994 and which are indicated by a sign complying with diagram 642 .2 in Schedule 2 to the said Regulations of 1994 . "Traffic Sign" has the same meaning as in Section 142 of the Act of 1984; PROHIBITION AND RESTRICTION OF WAITING Save as provided in Articles 3, 4 and 8 of this Order no person shall, except upon the direction or with the permission of a Police Officer in uniform or of a Parking Attendant in uniform and on duty cause or permit any vehicle to wait in the lengths of road and at those times specified in Schedules 1, 3 to 12, 22 to 30 and 32 hereto. 3 . Nothing in Article 2 of this Order shall prevent any person from causing or permitting a vehicle to wait in any of the lengths of road referred to in Schedules 1, 3 to 12, 30 and 32 for so long as may be necessary: - (a) to enable a person to board or alight from the vehicle (b) to enable goods to be loaded onto or unloaded from the vehicle 4 . Nothing in Article 2 of this Order shall render it unlawful to cause or permit a disabled persons vehicle which displays in the relevant position a disabled persons 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 referred to in Schedules 1, 3 to 12 and 22 to 30 hereto for a period not exceeding 3 hours (not being a period separated by an interval of less than 1 hour from a previous period of waiting by the same vehicle in the same length of road). LOADING RESTRICTIONS 5. Save as provided in Article 8 of this Order no person shall except upon the direction or with the permission of a Police Officer in uniform or a Parking Attendant in uniform and on duty, cause or permit any vehicle to stop or wait on the lengths of road at the times stated in Schedules 14 to 19. CLEARWAYS 6. Save as provided in Articles 7 and 8 of this Order no person shall except upon the direction or with the permission of a Police Officer in uniform or a Parking Attendant in uniform and on duty, cause or permit any vehicle to stop or wait on the lengths of road and at the times stated in Schedules 2, 13 and 32 . 4 dgh/decrim/waiting/articles Version 2 7 . Nothing in Article 6 shall render it unlawful for a vehicle to stop and wait in those lengths of road referred to in Schedule 32 if the vehicle is a bus. GENERAL 8. Nothing in Articles 2, 5 and 6 of this Order shall prevent any person from causing or permitting a vehicle to stop or wait, respectively, in any of the lengths of roads and at those times stated in the Schedules for so long as may be necessary provided that the vehicle is being used for: - (a) any building operation or demolition (b) the removal of any obstruction to traffic (c) the maintenance, improvement or reconstruction of any road (d) the laying, erection, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus as defined in Schedule
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