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Disabled Persons Street Parking Place) Order 2009

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Disabled Persons Street Parking Place) Order 2009 THE COUNTY OF CORNWALL (VARIOUS STREETS) (DISABLED PERSONS STREET PARKING PLACE) ORDER 2009 THE CORNWALL COUNCIL (hereinafter referred to as “the Council”) in exercise of its powers under Sections 32 (1) and 35 (1) (and Part IV of Schedule 9) of the Road Traffic Regulation Act 1984 (hereinafter referred to as “the Act of 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 Act of 1984, hereby make the following Order:- 1) This Order shall come into force on the 3rd day of December 2010 and may be cited as “The County of Cornwall (Various Streets) (Disabled Persons Street Parking Place) Order 2009.” 2) (i) In this Order : a) “badges regulations” means the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000; b) “disabled person’s badge” has the same meaning as in the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000; c) “driver” in relation to a vehicle waiting in a parking place, means the person driving the vehicle at the time it was left in the parking place; d)“enactment” means any enactment whether public, general or local, and includes any order, bylaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment; e) “parking place” means any area of highway which is authorised to be used as a parking place under the provisions of this Order; f) “parking bay” means a space in the parking place which is provided for the leaving of a vehicle; g) “permitted hours” means at any time; h) “relevant position” has the same meaning as in the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000. (ii) Any reference to any enactment shall be construed as a reference to that enactment as amended, applied, consolidated or re-enacted by, or as having effect by virtue of, any subsequent enactment; 3) (i) The areas of highway specified in the Schedule to this Order are authorised to be used, subject to the following provisions of this Order, as a parking place for the leaving during the permitted hours of such classes of vehicle as are specified in Article 11 to this Order; (ii) Nothing in paragraph (1) of this Article shall restrict the power of the Council, for preventing obstruction of the streets, by order on the occasion of any public procession, rejoicing or illumination, or when the streets are thronged or liable to be obstructed, to close the parking place. 4) The driver of a vehicle shall not permit it to wait in the parking place during the permitted hours - (i) unless it is of a class specified in Article 11 to this Order; or (ii) in a position other than that specified in Article 8 hereof. 5) The driver of a vehicle shall not use the parking place: - (i) so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by other persons, or so as to be a nuisance; or (ii) when for preventing obstruction of the streets the Council by Order made on the occasion of any public procession, rejoicing or illumination, or when the streets are thronged or liable to be obstructed, have closed that parking place and exhibited notice of such closing on or near the parking place. 6) The driver of a motor vehicle using the parking place shall stop the engine as soon as the vehicle is in position in the parking place, and shall not start the engine except when about to change the position of the vehicle in or to depart from the parking place. 7) No person shall use a vehicle, while it is in the parking place, in connection with the sale of any article to persons in or near the parking place or in connection with the selling or offering for hire of his/her skill or services. 8) Every vehicle left in a parking place in accordance with the foregoing provisions of this Order shall so stand that every part of the vehicle is within the limits of a parking bay. 9) Where any vehicle is standing in a parking place in contravention of the provision of Article 8 of this Order a police constable in uniform may alter or cause to be altered the position of the vehicle so that its position shall comply with that provision. 10) Where a police constable in uniform is of the opinion that any of the provisions contained in Articles 4, 5 or 8 of this Order have been contravened or not complied with in respect of a vehicle left in a parking place, he may remove or cause to be removed the vehicle from the parking place and, where it is so removed, shall make such arrangements as may be reasonably necessary for the safe custody of the vehicle. 11) The following classes of vehicle are permitted to use the parking place:- i) an invalid carriage. ii) a vehicle which lawfully displays in the relevant position a disabled persons badge. 12) Orders to be amended / revoked:- The County of Cornwall (Newquay) (Various Streets) (On-Street Parking Places and Restrictions on Waiting) (Consolidation) Order 2008 shall have effect as though in the Seventeenth Schedule Disabled parking Bay at any time paragraph 5 (ii) relating to Fernhill Road was deleted. The County of Cornwall (Penzance) (Various Streets) (On-Street Parking Places and Restrictions on Waiting) (Consolidation) Order 2010 shall have effect as though in the Twenty-Third Schedule Disabled Parking Bay at any time paragraph 30 (a) relating to Weethes Cottages was deleted. The County of Cornwall (Bugle) (Various Streets) (On-Street Parking Places and Restrictions on Waiting) (Consolidation) Order 2005 shall have effect as though the Third Schedule was deleted. Article 2.1.3 relating to “disabled persons parking place” was deleted and Articles 5 and 6 were deleted The County of Cornwall (Kerrier) (Various Streets) (Disabled Persons Street Parking Place) (No.2) Order 2006 is hereby revoked. The County of Cornwall (Kerrier) (Various Streets) (Disabled Persons Street Parking Place) Order 2006 is hereby revoked. The disabled bay on Tehidy Road Camborne between points 62 m and 69 m south of a point opposite the centre of its junction with Eastern Lane is hereby deleted. GIVEN under the Common Seal of the Council this 24th day of November 2010 . SCHEDULE Disabled Parking Bay at any time BARRIPPER 1. Fore Street south-east side (C0163) (i) between points 17 metres and 24 metres north-east of its junction with African Row (ii) between points 2 metres and 9 metres north-east of its junction with African Row BODMIN 1. Higher Bore Street north side (A389) between points 73 metres and 80 metres east of its junction with Midway Road 2. Hillside Park (northern north side Spur) between points 118 metres and 125 metres north of its (U6132) junction with Hillside Park 3. St Mary's Crescent south-west side (U6128) between points 14 metres and 21 metres east of the spur road leading to no's 15 - 45 St Mary's Crescent BUDE 1. Bencoolen Road north-east side (C0029) between points 63 metres and 70 metres north-west of its junction with The Strand CALLINGTON 1. Unnamed access road south side between Well Street and between points 5 metres and 12 metres east of its the A388 junction with Well Street (Unadopted) CAMBORNE 1. Dolcoath Avenue north side (U6042) between points 41 metres and 48 metres west of its junction with the unnamed road between Dolcoath Avenue and Dolcoath Road 2. East Charles Street south-west side (U6041) between points 68 metres and 75 metres south-east of its junction with Trevenson Street 3. Enys Road north-west side (U6039) between points 136 metres and 149 metres north-east of its junction with Tehidy Road 4. Gwelmor south side (U6041) between points 44 metres and 51 metres west of its junction with Meneth Road 5. Pendarves Street, Beacon north-east side (C0092) between points 41 metres and 48 metres south-east of its junction with Condurrow Road 6. Pengwarras Road west side (U6036) between points 47 metres and 54 metres south of its junction with College Street 7. Rectory Road (northern south-west side Spur Leading To No's 12 - between points 32 metres and 39 metres north-west of 38) its junction with Rectory Road (U6036) 8. St Martin's Crescent south-east side (U6048) between points 61 metres and 68 metres south-west of its junction with Trerise Road 9. Stray Park Road south-west side (U6041) between points 15 metres and 22 metres north-west of its junction with Penmorvah Place 10. The Glebe (spur Road south side Leading To No's 13 - 29) between points 9 metres and 16 metres east of its (U6036) junction with The Glebe CARBIS BAY 1. Trewartha Estate south side (U6014) between points 46 metres and 53 metres west of its junction with Trewartha Close CHACEWATER 1. Fore Street south side (C0723) between points 44 metres and 51 metres west of its junction with The Square CHARLESTOWN 1. Charlestown Road south-west side (C0707) between points 63 metres and 70 metres north-west of its junction with Duporth Road CONNOR DOWNS 1. Turnpike Road south side (C0750) between points 131 metres and 138 metres east of its junction with Arundel Way CRAFTHOLE 1. West Lane north-west side (C0521) between points 55 metres and 62 metres north-east of its junction with the B3247 FALMOUTH 1. Acacia Road south-west side (U6062) between points 40 metres and 47 metres north-west of a point opposite its junction with Laburnum Drive 2.
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