SOUTHAMPTON CITY COUNCIL THE CITY OF SOUTHAMPTON (VARIOUS ROADS) (PROHIBITION AND RESTRICTION OF WAITING) TRAFFIC REGULATION ORDER 2009 Southampton City Council ("the Council") in exercise of its powers under Sections 1(1) and (2), 2(1) to (3), 4(2), 32(1), and 35(1) and (3) and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 ("the Acr") and Sections 63 and 64 of the Local Government (Miscellaneous Provisions) Act 1976 and of all other enabling powers, after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the Act, hereby makes the following Order: 1 CITATION This Order shall come into operation on 29 May 2009 and may be cited as the City of Southampton (Various Roads) (Prohibition and Restriction of Waiting) Traffic Regulation Order 2009. 2 INTERPRETATION 2(A) In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: "Authorised Hackney Carriage Stand" means any area of the carriageway which is comprised within and indicated by a road marking complying with diagram 1028.2 in Schedule 2 of the Traffic Signs Regulations and General Directions 2002 and whose use is not for the time being suspended under the provisions of this Order. "Bus" means a motor vehicle, which was constructed or has been adapted to carry more than 8 seated passengers in addition to the driver. "Bus Stop Area" means an area of a road which is intended for the waiting of buses, and is comprised within and indicated by a road marking complying with diagram 1025.1 or diagram 1025.3 of the Traffic Signs Regulations and General Directions 2002. "Car dub" means a community car club or similar organisation (including any person or organisation acting on behalf of such a club or organisation) approved in writing and acting in partnership with the Council for the purposes of this Order, "Car club parking place" means an area on the highway designated as a car club parking place by Article 3; provided that the expression "parking place" shall, for the purposes of this Order, replace or take precedence over any prohibition on the waiting of vehicles imposed by any Order made or any enactment, insofar as it affects the parking place designated by this Order, "Car club permit" means a permit issued by the Council for the purposes of Article 21 of the Principal Order, "Car club permit holder" means a person or organisation to which a car club permit has been issued under the provisions of Article 21 of the Principal Order; and 090520_TRO.b! (f) "Car club vehicle" means a vehicle of a type approved by the Council and provided by a car club or by the Council for the use of persons, who have paid any relevant membership or other car club fee and who, by means of a real-time or advance booking system, may have use of the vehicle for a specified period. "Civil Enforcement Officer" means a person authorised by or on behalf of the Council in accordance with the provisions of Part 6 of the Traffic Management Act 2004 to enforce the restrictions imposed by this Order. "Disabled Person's Badge" means a badge issued by any local authority in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 or a badge having effect under those regulations as if it were disabled person's badge. "Disabled Person's Parking Place" means an area on a highway which is designated as a parking place by Article 5(A)(ii) and is comprised within and indicated by a road marking complying with diagram 1028.3 or diagram 1033 of the Traffic Signs Regulations and General Directions 2002. "Disabled Person 's Vehicle" means a vehicle, which displays a Disabled Person's Badge in the manner prescribed by Regulation 12 of the Disabled Person's (Badges for Motor Vehicles) (England) Regulations 2000. "Essential Visitors' Permit" means an Essential Visitors' Parking Permit issued and used in accordance with the provisions of the City of Southampton (First Controlled Zone) Traffic Regulation Order 2002. "Goods" includes postal packets of any description, and "delivering" and "collecting" in relation to any goods includes checking the goods for the purpose of their delivery or collection. "Goods Vehicle" means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted. "Hackney Carriage" means a vehide licensed by Southampton City Council under Section 37 of the Town Police Clauses Act 1847. "Maximum Gross Weight" means: (i) in the case of a motor vehicle not drawing a trailer or in the case of a trailer, its maximum laden weight; (ii) in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and (iii) in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers drawn by it, (iv) and the foregoing references to the maximum laden weight of a vehicle (including a vehicle which is a trailer) are references: (a) in the case of a vehicle as respects which a gross weight not to be exceeded in Great Britain is specified in construction and use requirements (as defined by section 41(8) of the Road Traffic Act 1988), to the weight so specified, or (b) in the case of a vehide as respects which no such weight is so specified, to the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden. "Motor Cycle" means a mechanically propelled vehicle with fewer than 3 wheels, of which the weight unladen does not exceed 410 kilograms. 090520_TRO. W (2) "Car club vehicle" means a vehicle of a type approved by the Council and provided by a car club or by the Council for the use of persons, who have paid any relevant membership or other car club fee and who, by means of a real-time or advance booking system, may have use of the vehicle for a specified period. "Civil Enforcement Officer" means a person authorised by or on behalf of the Council in accordance with the provisions of Part 6 of the Traffic Management Act 2004 to enforce the restrictions imposed by this Order. "Disabled Person's Badge" means a badge issued by any local authority in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 or a badge having effect under those regulations as if it were disabled person's badge. "Disabled Person's Parking Place" means an area on a highway which is designated as a parking place by Article 5(A)(ii) and is comprised within and indicated by a road marking complying with diagram 1028.3 or diagram 1033 of the Traffic Signs Regulations and General Directions 2002. "Disabled Person's Vehicle" means a vehicle, which displays a Disabled Person's Badge in the manner prescribed by Regulation 12 of the Disabled Person's (Badges for Motor Vehicles) (England) Regulations 2000. "Essential Visitors' Permit" means an Essential Visitors' Parking Permit issued and used in accordance with the provisions of the City of Southampton (First Controlled Zone) Traffic Regulation Order 2002. "Goods" includes postal packets of any description, and "delivering" and "collecting" in relation to any goods includes checking the goods for the purpose of their delivery or collection. "Goods Vehicle" means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted. "Hackney Carriage" means a vehicle licensed by Southampton City Council under Section 37 of the Town Police Clauses Act 1847. "Maximum Gross Weight" means: (i) in the case of a motor vehicle not drawing a trailer or in the case of a trailer, its maximum laden weight; (ii) in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and (iii) in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers drawn by it, (iv) and the foregoing references to the maximum laden weight of a vehicle (including a vehicle which is a trailer) are references: (a) in the case of a vehicle as respects which a gross weight not to be exceeded in Great Britain is specified in construction and use requirements (as defined by section 41(8) of the Road Traffic Act 1988), to the weight so specified, or (b) in the case of a vehicle as respects which no such weight is so specified, to the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden. "Motor Cycle" means a mechanically propelled vehicle with fewer than 3 wheels, of which the weight unladen does not exceed 410 kilograms. 090520_TRO.bI (2) "Owner" means the person by whom the vehicle is kept. In determining who was the owner of a vehicle at any time it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994. "Parking Disc" has the same meaning as in the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000.