The Council of the County of Wiltshire in Exercise
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WILTSHIRE COUNTY COUNCIL ROAD TRAFFIC REGULATION ACT 1984 ROAD TRAFFIC ACT 1991 THE COUNTY OF WILTSHIRE (CENTRAL SALISBURY) (PAY AND DISPLAY STREET PARKING PLACES)_ORDER 2004 The Council of the County of Wiltshire in exercise of its powers under Sections 45, 46, 49, 51, 53, 63A and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 ("the Act") as amended and the Road Traffic Act 1991, as amended (whether generally or in relation to the Council's area or part thereof) (hereinafter referred to as "the Act of 1991") 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 Act hereby makes the following Order. PART I - GENERAL Interpretation In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:- "driver", in relation to a vehicle waiting in a parking place, means a person driving the vehicle at the time it was left in the parking place "waiver document" means a document issued by Salisbury District Council to either a resident, business or visitor to exempt a vehicle from waiting where a restriction applies or from a time limit or a pay and display charge under the terms and charges applicable at the time of issue "permit" in relation to Article 27 means a document issued by Salisbury District Council to either a resident or visitor of Zone A under the terms and charges applicable at the time of issue and the restrictions applying under the Wiltshire County Council (Salisbury) (St. Edmund's Area) (Residents' Parking Places) Order 1989 (as amended) "the Council" means during any period in which there is in force an agreement under Section 101 of the Local Government Act 1972 between the Wiltshire County Council and the Salisbury District Council that the District Council shall administer the Order on the County Council's behalf, the Salisbury District Council failing which it shall mean the Wiltshire County Council "Parking Attendant" has the meaning given by Section 63A of the Road Traffic Regulation Act 1984 "motor cycle" has the same meaning as defined in Section 136(4) ofthe Act "Parking Place" means the part of a road authorised by this Order to be used as a parking area revpsay&display final "disabled person's vehicle" means a vehicle lawfully displaying a disabled person's badge "disabled person's badge" means a badge issued by a local authority in the form prescribed by Regulations 7 and 11 of The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 "parking disc" means a device which - (a) is 125 millimetres square and coloured blue; (b) has been issued by a local authority and has not ceased to be valid; and (c) is capable of showing the quarter hour period during which a period of waiting has begun. "relevant position" means:- (1) A vehicle displays a disabled persons' badge in the relevant position if (a) the badge is exhibited on the dashboard or facia ofthe vehicle; or (b) where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle so that the front of the badge is clearly legible from outside the vehicle. (2) A vehicle displays a parking disc in the relevant position if (a) in the case of a vehicle fitted with a dashboard or facia panel, the disc is exhibited thereon so that the quarter-hour period during which the period of waiting began is legible from outside the vehicle; or in the case of a vehicle not so fitted, the disc is exhibited in a conspicuous position on the vehicle so that the quarter-hour period during which the period of waiting began is legible from outside the vehicle. "pay and display machine" means apparatus designed to indicate the time by a clock and to issue tickets indicating: (a) the date of issue; (b) the payment of a charge; (c) the departure time; and (d) the parking place "charging hours" means the hours during which a charge is made as specified in Column D in the Schedules to this Order "pay and display charge" means the charge for the period paid for a parking ticket as specified in Column D in the Schedules to this Order v.3REVP&DISPLAY 2 final 2 . The County of Wiltshire (Central Salisbury) (Pay and Display Street Parking Places) Order 2003 is hereby revoked. 3 . This Order shall come into operation on 24 May 2004 and may be cited as The County ofWiltshire (Central Salisbury) (Pay and Display Street Parking Places) Order 2004. PART II AUTHORISATION AND USE OF PARKING PLACES 4. Each of the parts of a road specified in Schedules 1, 2 and 3 to this Order are authorised to be used, subject to the following provisions of this Order, as a parking place for such vehicles or classes ofvehicle on such days, during such hours, with such charges as are specified in relation to those Schedules. 5. The limits of each parking place and the limits of any parking bay shall be indicated by the Council on the carriageway by the appropriate traffic signs. 6. Except as provided in Articles 27 and 28 to this Order when a vehicle has been left in a parking place specified in Schedules 1, 2 and 3 to this Order during the charging hours the driver thereof shall pay such charge or charges as specified in Column D in those Schedules. Method of Payment of Pay and Display Charge 7. The pay and display charge specified in Column D of Schedules 1, 2 and 3 to this Order shall be payable on arrival at a parking place : a) by the insertion in a pay and display machine relating to any parking place in which the vehicle is left of a coin of the denomination of one pound; fifty pence; twenty pence; ten pence, five pence or of coins of any or of all these denominations together making up the amount of the pay and display charge for the period for which payment is being made; b) where the facility is provided, by the insertion in a pay and display machine relating to any parking place in which the vehicle is left of a credit card or debit card, or c) where the facility is provided, by the insertion in a pay and display machine relating to any parking place in which the vehicle is left, by means of an electronic smart card issued by the Council . Requirement to exhibit tickets 8. Upon payment of the pay and display charge the driver shall exhibit on the vehicle, in accordance with the provisions of Article 9 of this Order, a ticket issued by a pay and display machine relating to the parking place in which the vehicle is left. v.3REVP&DISPLAY 3 final Where the ticket is to be exhibited 9. At all times during which a vehicle is left in a parking place referred to in Schedules 1, 2 and 3 to this Order during the charging hours, the ticket referred to in Article 8 of this Order shall be exhibited on the vehicle:- (a) where the vehicle is fitted with a front glass windscreen extending across the vehicle to the near side, facing forwards in a position so as to be clearly visible behind the near side of the glass of such windscreen; or (b) where the vehicle is not fitted with a front glass windscreen as specified in item (a) of this Article, on or within the vehicle so that the ticket is clearly visible to a person standing at the near side of the vehicle. Restriction on Removal of Ticket 10. When a pay and display machine ticket has been exhibited on a vehicle in accordance with Article 9 of this Order, no person, not being the driver of the vehicle shall remove the ticket from the vehicle unless authorised to do so by the driver. Pay and Display Machines to be installed at Pay and Display Parking Places 11 . There shall be a pay and display machine on or in the vicinity of each pay and display parking place as indicated by appropriate direction signing. Indications by Pay and Display Tickets 12 . Payment of Pay and Display Charge (1) Payment ofthe pay and display charge for a vehicle left in a parking place specified in Column D of Schedules 1, 2 and 3 to this Order during the charging hours shall be indicated by a ticket indicating the date of the pay and display charge, the pay and display charge for which payment was made and the departure time, being the time at which the said ticket was issued plus the period for which payment was made by such pay and display charge as is specified in Article 7 of this Order and by exhibition of that ticket on the vehicle in the manner specified in Article 9 ofthis Order. (2) Expiry of Pay and Display Charge Period The expiry of the period for which the pay and display charge has been paid shall be indicated when there is exhibited on the vehicle a ticket issued by a pay and display machine relating to any parking place in which the vehicle is left showing the date and time of payment of the charge and the departure time and the time shown on the clock on the said machine is later than the aforementioned departure time. v.3REVP&DISPLAY 4 final Indications by Pay and Display Machines and Tickets As Evidence 13 .