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The South Lanarkshire Council (Use of Off-Street Parking Places)

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The South Lanarkshire Council (Use of Off-Street Parking Places) The South Lanarkshire Council (Use of Off-street Parking Places) Consolidation Order 2010 Arrangement of Articles Article Citation and Commencement 1 Interpretation 2 Designation of Parking Places, Charges and Conditions Designation of parking places 3 Layout and marking of parking places and parking bays 4 Vehicles which can use parking places 5 Ticket parking meters to be installed at parking places 6 Amount of parking charges at parking places 7 Method of payment of initial charge and requirements as to display of a ticket 8 Amount of penalty charge at parking places 9 Prohibition of meter feeding and transfer of tickets 10 Maximum length of stay. 11 Period for which vehicle may be left after penalty charge incurred 12 Restriction on the removal of notices 13 Indications by parking meter tickets 14 Indication by ticket parking meters and tickets as evidence 15 Exemptions from charges 16 Penalty for parking in a disabled space 17 Manner of standing in parking places 18 Alteration of position of vehicle in parking places 19 Removal of vehicles from parking places 20 Movement of vehicles in parking place in emergencies 21 Power to suspend parking places 22 Restrictions of use of parking places 23 Power to dispose of abandoned vehicles 24 Season Tickets 25 Responsibility of driver 26 Revocation of existing orders 27 The South Lanarkshire Council (Use of Off-street Parking Places) Consolidation Order 2010 Page 1 of 97 The South Lanarkshire Council (Use of Off-street Parking Places) Consolidation Order 2010 South Lanarkshire Council in exercise of the powers conferred upon them by Section 19 of The Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999, Sections 32 and 35 of the Road Traffic Regulation Act, 1984, as amended, (“the Act”) and Part IV of Schedule 9 to the Act and of all other enabling, hereby make the following order:- Citation and Commencement 1. This Order may be cited as “The South Lanarkshire Council (Use of Off-Street Parking Places) Consolidation Order 2010” and shall come into operation on the, Twenty First day of June, Two Thousand and Ten. Interpretation 2 (i) In this Order, except where the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:- “Council” means South Lanarkshire Council; “motor car” means a mechanically propelled vehicle constructed or adapted to carry not more than seven passengers exclusive of the driver, or any other vehicle, the weight of which, unladen, does not exceed one ton and a half; “parking permit” means a parking permit issued by the Council to a person who ordinarily resides in a dwelling house located within a Controlled Parking Zone; “Controlled Parking Zone” means those areas within which parking bays are situated and whose use is controlled by an Order; "motor cycle" has the same meaning as is given to the expression in Regulation (3)(2) of the Road Vehicles (Construction and Use) Regulations 1986; “parking attendant” means a person authorised by or on behalf of, the Council to supervise any parking place; The South Lanarkshire Council (Use of Off-street Parking Places) Consolidation Order 2010 Page 2 of 97 “parking bay” means a space in a parking place which is provided for the leaving of a vehicle; “ticket parking meter” means an apparatus of a type approved by the Secretary of State, where applicable, for the purposes of those parking places described in the Schedules to this Order, operated by the method described in Article 8(i)(c) and (d) below, being apparatus designed to indicate the time and date and where appropriate to issue tickets indicating the payment of a charge, the period in respect of which it has been paid, the day and time at which the charge was paid and having a mark which enables the issuing parking ticket meter to be identified; “parking places” means an area designated as a parking place by this Order; “season ticket” means a season ticket issued by the Council under the provisions of Article 25 of this Order; “day” means a period of twenty four hours commencing at 00.00 hours and ending at 24.00 hours and any reference to hours shall be construed as referring to consecutive hours within a day. “disabled person's badge" has the same meaning as in the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2002; "disabled person's vehicle" has the same meaning as in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002; (ii) Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment. Designation of parking places 3. Each area which is described in Schedules 1 to 7 to this Order shall be a parking place for the purposes of this Order. Layout and marking of parking places and parking bays 4. The limits of each parking place and the limits of every parking bay in that parking places shall be indicated in such a manner as the Council may determine by lines, studs or other indications. The South Lanarkshire Council (Use of Off-street Parking Places) Consolidation Order 2010 Page 3 of 97 Vehicles which can use parking places 5. Each parking place may be used, subject to the provisions of this Order, for the leaving of motor cars or motor cycles only. Ticket parking meters to be installed at parking places 6. There shall be a ticket parking meter or meters in the vicinity of every parking place operated by the method described in Article 8(i) (c) and (d) below. Amount of parking charges at parking places 7. The charges for a vehicle left in a parking place shall be in accordance with the rates specified in Schedule 1 to 7 to this Order, the said rates having regard both to the location of the parking place and the period for which the vehicle is parked. Such charge shall hereinafter be referred to as the “initial charge”. No such charge shall be payable if a valid season ticket is displayed on that vehicle in accordance with the provisions of Article 25 of this Order. Charges apply all day unless specified in the Schedule. Method of payment of initial charge and requirements as to display of a ticket 8. (i) Methods of Payment Any of the following methods of payment may be used in the parking places specified in Schedules 1 to 7 to this Order:- (a) Payment to a parking attendant within or in the vicinity of the parking place, in return for a ticket specifying the charge payable of a sum to the value determined in accordance with the rates specified. (b) Payment at the time of departure from the parking place, to a parking attendant such charge being determined, having regard to the date and time specified on a ticket issued from a ticket parking meter situated at the entrance to the parking place on arrival of the vehicle, in accordance with the rates specified. The South Lanarkshire Council (Use of Off-street Parking Places) Consolidation Order 2010 Page 4 of 97 (c) Payment at the time of departure from the parking place by the insertion in a ticket parking meter at the parking place of coins of a denomination detailed on the ticket parking meter, the charge payable being in accordance with the rates specified. (d) Payment on arrival by insertion in a ticket parking meter at the parking place of coins of a denomination detailed on the ticket parking meter, the charge payable being in accordance with the rates specified. If, at the time when a vehicle is left in a parking place, operated by any of the methods detailed in (i) (b), (c), or (d) of this Article, there are on the ticket parking meters or other apparatus relating to that parking place, notices placed by any person duly authorised by the Council, indicating the meters or apparatus are out of order, an authorised person may manually issue tickets from the ticket parking meter or manually operate the said apparatus in such a manner as to comply with the charges for the parking place as provided in Schedules 1 to 7 to this Order. (ii) Method of Display Where method (d) is used, the ticket shall be displayed on the vehicle facing forwards on the nearside of the glass of the windscreen, behind the glass. The parking ticket shall be so displayed on the vehicle that the time shown on the front is clearly visible to a person standing beside the vehicle. Amount of penalty charge at parking places 9. (i) If a vehicle is left in any of the parking places described in Schedules 1 to 7 to this Order for longer than the period authorised in terms of that Schedule, in respect of the value of the ticket purchased, if applicable, an additional amount of sixty pounds (hereinafter referred to as the “penalty charge”) shall be payable. (ii) (a) If a vehicle (not being a vehicle exempt from payment of the initial charge by virtue of Article 16 hereof) is left in a parking place without the initial charge having been paid, a penalty charge shall become payable. (b) If a vehicle if left in a parking place detailed in column 1 of Schedule 7 to this Order and does not comply with the restriction detailed in column 2, opposite the said column 1, relative to parking permits, season tickets, minimum or maximum length of stay, as appropriate, a penalty charge shall become payable. The South Lanarkshire Council (Use of Off-street Parking Places) Consolidation Order 2010 Page 5 of 97 (iii) In the case of a vehicle, in respect of which a penalty charge has been incurred, it shall be the duty of the parking attendant to fix a penalty charge notice to the vehicle; or give such a notice to the person appearing to him to be in charge of the vehicle as specified in the Road Traffic Act 1991, Section 66.
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