The Southend on Sea Borough Council (Various Roads) (Consolidation of Waiting Restrictions) Order 2001
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The Southend on Sea Borough Council (Various Roads) (Consolidation of Waiting Restrictions) Order 2001 The Council of the Borough of, Southend on Sea in exercise of its powers under Sections 1(1) and' (2), 2('1) to (3) 4(2) 32, and 35 (and,part iv of Schedule 9) of the Road'Traffic Regulation Act 1984 ("the Act") and all other enabling: powers makes the following Order. PART 1 IMPLEMENTATION, CITATION AND DEFINITIONS 1) This Order shall come into operation on 1 st September 2001 and may ba-c ted,as the '' Southend on Sea Borough Council (Various Roads) (Consolidation of Waiting ,Re's'trictions) Order 2001 . 2) This Order is made for the purpose of consolidating all traffic regulation orders made prior to the datd'of making of this Order 3) In this Order, except where the context otherwise requires, the following expressions have tf e meanings hereby respectively assigned to them :- "authorised cab rank "or "hackneycarriage stand" means any area & carriageiii ay which is comprised within and~indicated ;ISy a road marking'complying with dbgram{', 1028.2 in Schedule 6 to the TrafficSigns'Rbgulations and General Directions 1994. "ambulance" means a motor vehicle which is constructed''or adapted and primarily used for' th.e:carrla,ge of persons to'a place where they,will receive, orfrom a place'where they have received t9 edical br dental treatment and which by reas9n'of'des gn, marking)or"egOpment is readily identifiable as a vehicle so constructed or adapted;" "bicycle" means a pedal cycle With*,,,stwo wheels "bus"mean's :- (a) a motor vehicle constructed nor adapted 'to carry more'than eight passengers' (exclusive of the driver). (b) a local ~bus'not so constructed or'edapted. "bus lane"-'means :~any lane in a length of road reserved during specified hours for buses , and such other classes of vehicle as areFspecified.` "bus stop clearway""means an area of carriageway intended for stopping b,y buses whic '' i.s, comprised,within and indicatedicated byroad markings comply'in`g witfl t fagrams 1 or '1025.x' and a sign complying'with diagram 9741n-Sfhedule;5 to the Traff cSigns andOeneral` Directions 1984 . "cycle lame" means' any lane in a length :of road'ieserved duriiog specified hoUPs for bicycles and pedal cycles. "disabled person's badge, disabled person's vehicle, disabled' person's parking,disk and relevant position" has the same meaning as in the Local Authphties' Traffic Orders (Exemptions for Disabled Persons) (England)`Regulations4O01 .0 "disabled person's parking place" or "disabled 'bay' means a length of road authorised to be used as a parking place for disabled person's vehicle displaying a disabled persons badge. "doctor's space" means a space reserved for the .use of a fully registered person. "fully registered person" in relation to a doctor's space has the same meaning as in Section 55 of the Medical Act 1983 . "goods" includes cash or other valuable 'securities', and 'collecting' and `delivering' in relation to any goods includes checking the goods for the purpose of their delivery or collection. "goods vehicle" means a motor vehicle with or without a trailer which is constructed or adapted for use for the carriage of goods of any description and which exceeds 2 .25 tonnes gross metric weight. "parking attendant" means a person authorised by or on behalf of the Borough Council under Section 63A of the Road Traffic Regulation Act 1984 to enforce the restrictions imposed by this Order. "loading bay"means a length of highway prescribed by Order to be used for the loading and unloading of goods by any class of vehicle. "bus stand" means a length of highway prescribed by Order to be used by public service vehicles to wait to adhere to the published bus timetable . "pedal cycle" means a vehicle not being a motor vehicle which has two or more wheels and "cyclist" is a person who rides a pedal cycle. "heavy commercial vehicle" has the meaning given to that expression by Section 138 of the Road Traffic Regulation Act 1984, that is, any vehicle whether mechanically propelled or not which is constructed or adapted for the carriage of goods and has a maximum gross weight exceeding 7.5 Tonnes. "penalty charge" and "reduced penalty charge" means a charge set by Southend Borough Council under the provisions of Sections 14 and 43 of the Road Traffic Act 1991 in accordance with guidance given by the Secretary of State for Transport which is to be paid in the manner described in the penalty charge notice. "penalty charge notice" means a notice issued by a parking attendant pursuant to the provisions of Section 66 of the Road Traffic Act 1991 . "restricted roads" means the lengths of roads specified in Schedule 18 to this Order. "main carriageway" in relation to a road, means any carriageway of that road used primarily . by through traffic and excludes any lay bys. "lay by" in relation to a main carriageway of a road means any area intended for use for the waiting of vehicles, lying at a side of the road and not forming part of the main carriageway. "timing point" means a recognised timing point marked as a bus stand which is a location where a public service vehicle may wait to ensure compliance to a published timetable or local service registration, and includes departures and terminal points, provided that the location has been approved by the Highway Authority. 4) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 1 to this Order. 5) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified and during the hours stated in the fourth column of Schedule 2 to this Order. 6) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 3 to this Order during the months of March to October inclusive during the times stated in the fourth column of the said Schedule. 7) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 4 to this Order during the hours, days and months, as the case may be, set out in the fourth column of the said Schedule. 8) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 5 to this Order during the hours and days set out in the fourth column of the said Schedule. 9) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 6 to this Order for more than 1 hour return prohibited within 4 hours during the hours and days specified in the fourth column of the said Schedule. 10) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 7 to this Order for more than 20 minutes return prohibited within 1 hours during the hours and days specified in the fourth column of the said Schedule. 11) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 8 to this Order waiting limited to the length of time stated in the fourth column of the said Schedule during the hours and days specified return prohibited within 4 hours. 12) Save as provided in Articles 13 and 14 to this Order, no person shall, except on the direction of or with the permission of a parking attendant or a police constable in uniform cause or permit any vehicle to wait in the lengths of roads specified in Schedule 10 to this Order during the hours and days set out in the fourth column of the said Schedule. 13) Nothing in articles 4,5,6,7,8,9,10,11,12 and 17 of this Order shall render it unlawful to cause or permit any vehicle to wait in the roads, on any of the sides of road or in any lengths of road referred to in those Articles, as the case may be, for as long as may be necessary to enable: (a) a person to board or alight from a vehicle (b) goods to be loaded onto or unloaded from the vehicle (c) the vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in connection with any of the following operations, namely:- (1) building, industrial or demolition operations.