Borough Council of Gateshead (Civil Enforcement Area)
Total Page:16
File Type:pdf, Size:1020Kb
BROUGH COUNCIL OF GATESHEAD ROAD TRAFFIC REGULATION ACT 1984 Borough Council of Gateshead (Civil Enforcement Area) (Traffic Amendments) Order 2009 The Council of the Borough of Gateshead in exercise of its powers under Sections 1(1) and (2), 2(1) to (3) and 4(2), 32, 35, 39 (6), 45, 46, 49, 51, 52, 53 and 63A of, and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 ("the Act"), as amended, Traffic Management Act 2004 and of all other enabling powers, after consultation with the Chief of Police in accordance with Part III of Schedule 9 to the Act hereby make the following Order.- This Order shall come into operation on 7 March 2009 and may be cited as "The Borough Council of Gateshead (Civil Enforcement Area) (Traffic Amendments) Order 2009". 2. The Orders specified in Schedule 1 to this Order are varied as follows: (a) The following expressions and the meanings assigned to them are inserted or substituted as appropriate in appropriate alphabetical order in that Article in the Orders which deal with the meanings of expressions used in the Orders: "civil enforcement officer" means a person authorised by or on behalf of Gateshead Council under Section 76 of the Traffic Management Act 2004 to supervise and enforce the road traffic contraventigns for which Gateshead Council is the enforcement authority. "enforcement authority" means the Council of the Borough of Gateshead "penalty charge" and "reduced penalty charge" means a charge set by Gateshead Council in accordance with the provisions of Section 77 and Schedule 9 of the Traffic Management Act 2004 and Regulations made thereunder and in accordance with any guidance given by the Secretary of State. "penalty charge notice" means a notice issued by a Civil Enforcement Officer pursuant to the provisions of Section 78 Traffic Management Act 2004 and Regulations made thereunder. "higher level contraventions" are as defined in the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 or any amendment or re-enactment thereof. "lower level contraventions" means all parking contraventions which are not higher level contraventions. "parking contravention" has the same meaning assigned to it by Section 73 and Part I of Schedule 7 to the Traffic Management Act 2004. "parking charge" means an amount set by Gateshead Council payable at a ticket machine or ticket issuing machine in respect of a vehicle left in a parking place referred to in the Orders specified in Schedule 1. (b) The expression "parking attendant" in that Article in the Orders that deals with the meanings of expressions used in the Orders is deleted. (c) Each reference to parking attendant in the Orders is replaced by reference to "civil enforcement officer". 3. The Orders specified in Schedule 2 to this Order are varied as follows but only in relation to those Articles in the Orders that deal with waiting, loading, parking or bus lane restrictions: (a) The following expressions and the meanings assigned to them are inserted or substituted as appropriate in appropriate alphabetical order in that Article in the Orders which deal with the meanings of expressions used in the Orders: "bus lane contravention" has the same meaning assigned to it by Section 93 and Part 2 of the Traffic Management Act 2004; "civil enforcement officer" means a person authorised by or on behalf of Gateshead Council under Section 76 of the Traffic Management Act 2004 to supervise and enforce the road traffic contraventions for which Gateshead Council is the enforcement authority. "enforcement authority" means the Council of the Borough of Gateshead "penalty charge" and "reduced penalty charge" means a charge set by Gateshead Council in accordance with the provisions of Section 77 and Schedule 9 of the Traffic Management Act 2004 and Regulations made thereunder and in accordance with any guidance given by the Secretary of State. "penalty charge notice" means a notice issued by a Civil Enforcement Officer pursuant to the provisions of Section 78 Traffic Management Act 2004 and Regulations made thereunder. "higher level contraventions" are as defined in the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 or any amendment or re-enactment thereof. "lower level contraventions" means all parking contraventions which are not higher level contraventions. "parking contravention" has the same meaning assigned to it by Section 73 and Part 1 of Schedule 7 to the Traffic Management Act 2004. "parking charge" means an amount set by Gateshead Council payable at a ticket machine or ticket issuing machine in respect of a vehicle left in a parking place referred to in the Orders specified in Schedule 1. (b) The expression "parking attendant" in that Article in the Orders that deals with the meanings of expressions used in the Orders is deleted. (c) Each reference to parking attendant in the Orders is replaced by reference to "civil enforcement officer. (c) Each reference to parking attendant in the Orders is replaced by reference to "civil enforcement officer". 3. Schedule 3 of this Order shall be added to each of the Orders in Schedule I to this Order and to those parts of the Orders set out in Schedule 2 to this Order so far as that part relates to waiting, loading, parking or bus lane restrictions. 4. Where a provision of this Order conflicts with a provision of any of the Orders specified in the Schedule to this Order or any other Order giving effect to parking controls, waiting or loading restrictions in car parks or roads within the Borough of the Council of Gateshead area the provisions of this Order shall prevail. THE COMMON SEAL of the BOROUGH COUNCIL of GATESHEAD was affixed hereto on 5 March 2009 In the presence of:- -R *MW MAYOR 'I( .E+r SOLICITOR TO THE COUNCIL 0 SCHEDULES The :yUrban1. District of Felling (High Street) (Unilateral Waiting) Order 1960. 2. The Urban District of Felling (Albion Street) (No Waiting) Order 1961. The Urban3. District of Felling (Coldwell Street) (No Waiting) Order 1962. The Urban4. District of Felling (Cotemede) (Prohibition of Waiting) Order 1968. 5. The Urban District of Felling (Church Street) (Restriction of Waiting) Order 1968. 6. The Urban District of Felling (Coldwell Street) (Restriction of Waiting) Order 1968. 7. The Urban District of Felling (Falla Park Road) (Prohibition of Waiting) Order 1969. 8. The Urban District of Felling (Various Roads) (Prohibition of Waiting) (No.1) Order 1970. 9. The Urban District of Felling (Various Roads) (Prohibition of Waiting) (No.2) Order 1970. 10. The Urban District of Felling (Green Lane and Bath Road) (Prohibition of Waiting) Order 1971. 11. The Urban District of Felling (Mulberry Street) (Prohibition of Waiting) Order 1973. 12. County Borough of Gateshead (Sunderland Road) (Prohibition of Waiting) Order 1973. The Borough13. of Gateshead (Coldwell Lane, Felling) (Prohibition of Waiting) Order 1975. 14. The Borough of Gateshead (High Level Road and Rabbits Bank Road) (Prohibition of Waiting) Order 1975. 15. The Borough of Gateshead (West Street, Whickham) (Prohibition of Waiting) Order 1975. 16. The Borough Council of Gateshead (Wilson Street, Dunston) (Prohibition of Waiting) Order 1976. 17. The Borough Council of Gateshead (Church Chare and Coalway Lane, Whickham) (Prohibition of Waiting) Order 1976. 18. The Borough Council of Gateshead (Longrigg Road, Swalwell) (Prohibition of Waiting) Order 1976. 19. The Borough Council of Gateshead (Church Chare, Whickham) (Prohibition of Waiting) Order 1977. 20. Tyne and Wear County Council (Shields Road, Heworth) (Prohibition of Waiting) Order 1982. 21. The Borough Council of Gateshead (Strothers Road, High Spen) (Prohibition of Waiting) Order 1982. 22. The Borough Council of Gateshead (The Hermitage, Whickham) (Prohibition of Waiting) Order 1982. 23. The Borough Council of Gateshead (School Street, Whickham) (Prohibition of Waiting) Order 1982. 24. The Borough Council of Gateshead (Back Harraton Terrace, Birtley) (Prohibition of Waiting) Order 1982. 25. Tyne and Wear County Council (Sunderland Road 81426, Gateshead) (Prohibition of Waiting) Order 1982. 26. The Borough Council of Gateshead (St. Mary's Green Access Road, Whickham) (Prohibition of Waiting) Order 1982. 28. The Borough Council of Gateshead (East Park Road, Gateshead) (Prohibition of Waiting) Order 1982. 29. The Borough Council of Gateshead (Rockwood Hill Road, Greenside) (Prohibition of Waiting) Order 1983. 30. Tyne and Wear County Council (Gateshead Highway A6127 - Lower Level) (Restriction of Waiting) Order 1983. 31. The Borough Council of Gateshead (Rockwood Hill Road, Greenside) (Prohibition of Waiting) No.2 Order 1983. 32. The Borough Council of Gateshead (Hood Street, Swalwell) (Prohibition of Waiting) Order 1983. 33. The Borough Council of Gateshead (Enfield Road, Saitwell View and West Park Road) (Prohibition of Waiting) Order 1984. 34. The Borough Council of Gateshead (Stoneygate Lane, Felling) (Prohibition of Waiting) Order 1984. 35. The Borough Council of Gateshead (Shearlegs Road, Gateshead) (Prohibition of Waiting) Order 1984. 36. The Borough Council of Gateshead (Kepler Chare, .Crawcrook) (Prohibition of Waiting) Order 1984. 37. The Borough Council of Gateshead (River View, Blackhall Mill) (Prohibition of Waiting) Order 1984. 38. The Borough Council of Gateshead (Access Roads to Adelaide Court, Brisbane Court and Sydney Court) (Prohibition of Waiting) Order 1984. 39. The Borough Council of Gateshead (Coatsworth Road, Gateshead) (Prohibition of Waiting) Order 1985. 40. The Borough Council of Gateshead (Back Station Lane, Birtley) (Prohibition of Waiting) Order 1985. 41. The Borough Council of Gateshead (Hillgate/South Shore Road, Gateshead) (Prohibition of Waiting) Order 1986. 42. The Borough Council of Gateshead (Shibdon Road, Blaydon) (Variation to Waiting Restrictions) Order 1987. 43. The Borough Council of Gateshead (Sun Street, Sunniside) (Prohibition of Waiting) Order 1987. 44. The Borough Council of Gateshead (Sunderland Road, Shields Road, Heworth) (Prohibition of Waiting) Order 1988. 45. The Borough Council of Gateshead (School Street, Whickham) (Prohibition of Waiting) Order 1988.