RBKC 2012/32 Page 1 of 58 the ROYAL BOROUGH OF
Total Page:16
File Type:pdf, Size:1020Kb
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA TRAFFIC MANAGEMENT ORDER 2012 No. 32 The Kensington and Chelsea (Charged-For Parking Places) Consolidation Order 2012 Made 9th August 2012 Coming into operation: 13th August 2012 ARRANGEMENT OF ARTICLES PART I - PRELIMINARY Article Citation and commencement 1 Revocation of Orders 2 Interpretation 3 PART II - DESIGNATION OF PARKING PLACES Designation of parking places 4 Vehicles for which parking places are designated 5 PART III - SUPPLEMENTARY PROVISIONS Section 1 - General Alteration of position of a vehicle in a parking place 6 Removal of a vehicle from a parking place 7 Movement of a vehicle in a parking place in an emergency 8 Manner of standing in a parking place 9 Manner of waiting in a parking place 10 Restriction on the use of a parking place 11 Restriction on waiting by a vehicle in a parking place 12 Power to suspend the use of a parking place 13 Installation of pay and display machines, placing of traffic signs, etc. 14 Section 2 – The parking charge, maximum parking periods and indications relating to pay and display machines and tickets, etc. Amount of the parking charge at pay and display parking places 15 Payment of the parking charge 16 Indications by ticket and pay and display machine 17 Ticket, pay and display machine and certain permit indications as evidence 18 RBKC 2012/32 Page 1 of 58 No additional payment of a parking charge to be made and no further tickets to be displayed 19 on a vehicle Interval before a vehicle may again be left in a pay and display parking place 20 Restriction on the removal of tickets 21 Exemptions from parking charge 22 Section 3 – Application for residents’ permits and supplementary provisions Application for, issue of and form of residents' permits for the use of residents’ parking places 23 Application for and issue of duplicate residents' permits 24 Form of residents' permits 25 Exemptions from displaying a residents’ permit 26 Surrender, withdrawal and validity of residents' permits 27 Refund of charge paid in respect of a residents’ permit 28 Restriction on removal of residents' permits 29 Section 4 – Application for authorised temporary users’ permits and supplementary provisions Authorised temporary users’ permits to be displayed on vehicles left in residents’ parking 30 places Issue of authorised temporary users’ permits for the use of residents’ parking places in certain 31 streets and at certain times Surrender, withdrawal and validity of authorised temporary users’ permits 32 Application for and issue of duplicate or transferred authorised temporary users’ permits 33 Restriction on removal of authorised temporary users’ permits 34 Form of authorised temporary users’ permits 35 Section 5 – Application for doctor permits and supplementary provisions Application for and issue of doctor permits for the use of doctor parking places 36 Surrender, withdrawal and validity of doctor permits 37 Application for amendment of doctor permits and issue of duplicate doctor permits 38 Refund of fee paid in respect of a doctor permit 39 Form of doctor permits 40 Section 6 – Application for car club permits and supplementary provisions Application for and issue of car club permits for the use of car club parking places 41 Refund of charge paid in respect of a car club permit 42 Surrender, withdrawal and validity of car club permits 43 Application for and issue of duplicate car club permits 44 Restriction on the removal of car club permits 45 Form of car club permits 46 RBKC 2012/32 Page 2 of 58 Section 7 – Permits to be displayed on vehicles in certain parking places Permits to be displayed on vehicles in certain parking places 47 PART IV – TEMPORARY APPLICATION OF CERTAIN ORDERS Temporary application of certain orders 48 PART V – CONTRAVENTION OF THIS ORDER Contravention of this Order 49 PART VI – PROVISIONS OF THIS ORDER IN RESPECT OF CERTAIN ROAD MARKINGS Provisions of this Order in respect of certain road markings 50 SCHEDULES Schedule 1 - List of Orders revoked by this Order Schedule 2 - Map tile list Schedule 3A - Permitted hours in respect of pay and display parking places Schedule 3B - Permitted hours in respect of residents’ parking places Schedule 4 - Tariff areas in respect of pay and display parking places Schedule 5 . - Streets or parts of streets excluded for the purpose of the issue of residents' permits Schedule 6 - Advanced rider training courses Schedule 7 - Tables of vehicle bands in respect of residents’ permits Schedule 8 - Tables of vehicle bands in respect of car club permits Schedule 9 - Westminster Residents Zone “A” Area Schedule 10 - Westminster Residents Zone “B” Area RBKC 2012/32 Page 3 of 58 The Council of the Royal Borough of Kensington and Chelsea, after consulting the Commissioner of Police of the Metropolis, in exercise of the powers conferred by sections 45, 46, 49 and 124 of and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984(a) as amended, and of all other powers thereunto enabling, hereby make the following Order:- PART I - PRELIMINARY 1. Citation and commencement This Order may be cited as the Kensington and Chelsea (Charged-For Parking Places) Consolidation Order 2012 and shall come into operation on 13th August 2012. 2. Revocation of Orders Without prejudice to the validity of anything done or to any liability incurred in respect of any act or omission before the coming into operation of this Order, the Orders specified in Schedule 1 are hereby revoked in their entirety. 3. Interpretation (1) In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: “antique dealer’s permit” means a permit issued by the Council to a bona fide antique dealer who trades from premises in the area bounded by Chepstow Villas, Denbigh Road, Colville Road, Colville Terrace, and Kensington Park Road; “authorised agent” means a contractor appointed by and acting on behalf of the Council for the purposes of enforcing the provisions of this Order; “authorised temporary user” means a person who may not be a resident of the Royal Borough of Kensington and Chelsea, but has been temporarily authorised by the Council to use residents' parking places in certain specified streets and at certain specified times or for a limited period, as is deemed necessary; “car club” means an organisation operating a car sharing scheme approved by the Council to operate within its boundaries which supports the planning and sustainable transport policy objectives of the Council relating to that car sharing scheme; “car club vehicle” means a vehicle which is provided for the use of persons who have paid the relevant membership fee and any other related charges by means of a real-time or advance booking system, so as to have access to the vehicle for a specified period or periods; “car free plus permit free”, in relation to a housing development, means that the development, which does not have its own on site parking arrangements, is subject to a section 106 obligation with the local planning authority preventing residents of such development (except disabled “purple badge” holders) from being eligible to purchase a resident’s permit; "civil enforcement officer" means a person authorised by or on behalf of the Council to supervise any parking place and enforce the provisions of this Order; "Council" means the Council of the Royal Borough of Kensington and Chelsea and includes its employees and agents; “designated driver” means a person or persons authorised by an applicant for a resident’s permit or a resident’s permit holder, which the Council is satisfied by particulars or information given to them or as the Council may reasonably call for, who drives on behalf of the owner of a vehicle for which the application for a resident’s permit has been made; “diesel car” means a motorcar propelled wholly by diesel fuel; (a) 1984 c. 27 RBKC 2012/32 Page 4 of 58 “diesel fuel” has the same meaning as in the Motor Fuel (Composition and Content) Regulations 1999(a); "disabled persons' blue badge" means a disabled persons' parking badge issued under the provisions of the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000(b); "disabled persons” purple badge" means a disabled persons' purple badge issued under the provisions of the Kensington and Chelsea (Free Parking Places, Loading Bays and Waiting, Loading and Stopping Restrictions) Consolidation Order 2012(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; "Earls Court major event" means any event held at the Earls Court Exhibition Centre which is considered by the Council to be of such nature as to warrant throughout the event’s duration, the extension of the permitted hours of any residents’ parking place situated in a street specified in Schedule 3B, Part IV, to the hours stated at the heading of that Part of that Schedule, such hours being indicated by the display of appropriate traffic signs; "enactment" means any enactment whether public general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment; "electronic communications network" has the same meaning as within the Communications Act 2003(d); “euro V diesel vehicle” means a vehicle that meets the euro V emission standards; “foreign registration certificate”, in relation to a vehicle imported or temporarily brought into the United Kingdom,