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Various Roads in the District of Sevenoaks) (Prohibition and Restriction of Waiting and Loading & Unloading and On-Street Parking Places) (Consolidation) Order 2009

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Various Roads in the District of Sevenoaks) (Prohibition and Restriction of Waiting and Loading & Unloading and On-Street Parking Places) (Consolidation) Order 2009 THE KENT COUNTY COUNCIL (VARIOUS ROADS IN THE DISTRICT OF SEVENOAKS) (PROHIBITION AND RESTRICTION OF WAITING AND LOADING & UNLOADING AND ON-STREET PARKING PLACES) (CONSOLIDATION) ORDER 2009 THE KENT COUNTY COUNCIL, (hereinafter referred to as “the Council”) acting as the local traffic authority and in exercise of its powers under Sections 1, 2, 32, 35, 36, 45, 46, 47, 49, 53, 124 and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 (hereinafter referred to as the “RTR Act of 1984”), the Traffic Management Act 2004 (hereinafter referred to as the “TMA 2004”), the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (hereinafter referred to as “CEoPC Regulations 2007”) 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 makes the following Order. ARTICLES 1. The restrictions imposed by this Order shall be in addition to and not in derogation of any restriction or requirement imposed by any regulations made or having effect as if made under the RTR Act of 1984, the TMA of 2004, the CEoPC Regulations 2007, or by or under any other enactment. 2. Revocations The Orders specified in Appendix 1 to this Order are hereby revoked and their provisions are consolidated in this Order. 3. Modifications The Orders specified in Appendix 2 to this Order are modified by the deletion therefrom of all references to prohibitions and restrictions of waiting and loading and of designated on street parking places in the District of Sevenoaks and all such references, subject to modifications, are consolidated in this Order. 4. Definitions – Appendices & Schedules In this Order “ Appendices” means the Appendices to this Order and numbered 1 to 31 as follows: Appendix 1 = List of all Orders revoked by this Order Appendix 2 = List of all Orders modified by this Order Appendices 3 to 31 = List of the towns and parishes within the administrative District of Sevenoaks, in alphabetical order, as follows; 3 = Ash-cum-Ridley, 17 = Horton Kirby and South Darenth (including New Ash Green) 18 = Kemsing 4 = Brasted 19 = Knockholt 5 = Chevening 20 = Leigh 6 = Chiddingstone 21 = Otford 7 = Cowden 22 = Penshurst The Kent County Council (Various Roads in the District of Sevenoaks) (Prohibition and Restriction of Waiting and Loading and Unloading and On-Street Parking Places) (Consolidation) Order 2009 Page 1 of 314 8 = Crockenhill 23 = Riverhead 9 = Dunton Green 24 = Seal 10 = Edenbridge 25 = Sevenoaks 11 = Eynsford 26 = Shoreham 12 = Farningham 27 = Sundridge 13 = Fawkham 28 = Swanley, (including Hextable) 14 = Halstead 29 = Weald, (Sevenoaks Weald) 15 = Hartley 30 = Westerham & Crockham Hill 16 = Hever, (including Four Elms) 31 = West Kingsdown each of which contains the following Schedules describing the various prohibitions and restrictions on waiting and loading and designated on street parking places; List of Schedules Schedule Type 1 No waiting 2 No waiting and no loading or unloading 3 Limited waiting 4 Bus stop clearways and bus stands 5 School Keep Clear 6 Parking places for permitted vehicles 7 Loading areas 8 No waiting for vehicles over 5tonnes gross weight 9 Parking place 10 No waiting for vehicles over 7.5tonnes gross weight The times, durations, extents, scale of charges, area and type of vehicles (where relevant) of each restriction are specified in each individual item in the Appendices 3-31. And ‘Appendix’ shall be construed accordingly. The Kent County Council (Various Roads in the District of Sevenoaks) (Prohibition and Restriction of Waiting and Loading and Unloading and On-Street Parking Places) (Consolidation) Order 2009 Page 2 of 314 5. Definitions – General terms In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:- “Badges Regulations” means The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 1991 or 2000 or any re-enactment of the same; “bus” has the same meaning as in Regulation 22 of The Traffic Signs Regulations and General Directions 2002 “bus stop area” means the lengths of roads described in Schedules 31 and 32 of Appendices 3 to 31 of this Order and which are intended for the waiting or standing of buses and which are comprised within a road marking complying with diagram nos. 1025.1 or 1025.2 in Schedule 6 to the Traffic Signs Regulations and General Directions 2002 and which are indicated by a sign complying with diagram nos. 974 or 975 in Schedule 5 to the said Regulations; “carriageway” means a way constituting or comprising 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; “certificate” means a certificate or other means of identification of a vehicle which is exempted from restrictions or prohibitions contained in this Order and which has been issued under Section 4(2) of the Road Traffic Regulation Act 1984 “Civil Enforcement Means an area where Civil Enforcement of parking restrictions can be carried out, as defined in the Area” TMA 2004. “Civil Enforcement Means a duly appointed officer of the District Council, under the terms of the TMA 2004 Officer” “delivering” and in relation to any goods including checking the goods for the purpose of their delivery or collection; “collecting” “disabled person” has the same meaning as in the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000; “disabled persons has the same meaning as in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) vehicle” (England) Regulations 2000; “disabled persons has the same meaning as in The Disabled Persons (Badges for Motor Vehicles) (England) badge” Regulations 1991 or 2000 or any re-enactment of the same; “District Council” Means Sevenoaks District Council. “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; “dual purpose vehicle” has the same meaning as in Regulation 3(2) of the Motor Vehicle (Construction and Use) Regulations 1986; “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; “goods” includes postal packages of any description; “junction” means the point of intersection of the centre line of the title road named in the Schedule item (unless otherwise stated) with the adjoining kerbline of the road(s) named in the same Schedule item; “kerbline” means the edge of carriageway as defined by its boundary with the adjacent footway or verge; “large goods vehicles” has the same meaning as a large goods vehicle as prescribed by section 121 of the Road Traffic Act 1988 as amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 “lay-by” means any area of carriageway intended for the waiting of vehicles and that may be bounded partly by a road marking complying with diagram nos. 1010, 1028.2, 1028.3, 1028.4, 1032 or 1033 in Schedule 6 to the Traffic Signs Regulations and General Directions 2002. “legally qualified has the same meaning as in Section 52 of the Medical Act 1956; medical practitioner ” “main carriageway” means any carriageway used primarily by through traffic, (includes carriageway of a slip road) but excludes any lay-by. “maximum gross means the same as “maximum gross weight” as interpreted in the Road Vehicles (Construction and vehicle weight” Use) Regulations 1986 Reg. 3 (2). “medical practitioners” means a doctor practising at or visiting a surgery adjacent to that length of road. “motorcycle” and have the same meaning as in Section 136 of the Act of 1984 and includes any motor vehicle with “invalid carriage” less than 4 wheels; The Kent County Council (Various Roads in the District of Sevenoaks) (Prohibition and Restriction of Waiting and Loading and Unloading and On-Street Parking Places) (Consolidation) Order 2009 Page 3 of 314 “owner” has the same meaning as in Section 142 of the Act of 1984; “parking disc” means a disc issued by a Local Authority, 125mm in diameter coloured blue (or orange up until and including the 31st March 2003), and capable of showing the quarter hour period during which a period of waiting begins “parking place” means any area of land specified in the Schedules of this Order as “limited waiting”, provided by the Council under Section 32 of the Act of 1984 and the TMA 2004 for use as a parking place; “parking space” means a space in a parking place which is provided for the leaving of a vehicle; “parking waiver” Means an issued dispensation from the District Council for a specified vehicle to park within a parking place for an agreed period of time, charged in accordance with the tariff of charges. “pay and display” or means to purchase a P&D ticket from a pay and display machine run by the District Council for “P&D” payment of parking charges and to display the ticket within the vehicle, with time and date information clearly visible at all times whilst parked. “pay and display means a P&D ticket issuing machine operated by the District Council machine” or “P&D machine” “pay and display ticket” means a ticket issued from a District Council operated P&D machine, obtained for the purpose of or showing proof of payment (according to the published tariffs of charges) for parking, showing the “P&D ticket” following information; (i) the time of purchase (ii) the amount paid (iii) the date of purchase (iv) the time of expiry (v) a reference to the issuing machine “permit” means a permit issued under the provisions of Article 16 of this Order; “permit holder” means a person to whom a permit has been issued under the provisions of Article 16 of this Order; “permitted hours”Means the period of time specified in the relevant schedules of this Order.
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