SuuIrIAC(111CIL®ON CITY THE CITY OF SOUTHAMPTON (VARIOUS ROADS) (PROHIBITION AND RESTRICTION OF WAITING) TRAFFIC REGULATION ORDER 2011 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 Act”) 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 Ill of Schedule 9 to the Act, hereby makes the following Order: CITATION This Order shall come into operation on 09 May 2011 and may be cited as the City of Southampton (Various Roads) (Prohibition and Restriction of Waiting) Traffic Regulation Order 2011. 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 “Car club” 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, fdr 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 110506 Various Roads (PRW) Order 2011 (1) “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. “Concessionary Permit” means a permit issued in accordance with the provisions of Article 5(G). “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 2008. “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; é1it 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. 11. 05.06 Various Roads (PRW) Order 2011(2) “Motor Cycle” means a mechanically propelled vehicle with fewer than 3 wheels, of which the weight unladen does not exceed 410 kilograms. “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 Bay” means a space in a parking place, which is provided for the leaving of a vehicle. “Parking Disc” has the same meaning as in the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000. “Passenger Vehicle” means a motor vehicle constructed solely for the carriage of passengers and their effects and adapted to carry not more than eight passengers exclusive of the driver and not drawing a trailer. “Penalty Charge” means the charge set by the Council under the provisions of Part 6 of the Traffic Management Act 2004, which is to be paid to the Council following the issue of a Penalty Charge Notice and within 28 days of the issue of that Notice. “Parking Place” means an area on a highway authorised as a parking place by Article 5(A). “Relevant Position” means: (a) where the vehicle is fitted with a front windscreen, in a position immediately behind the windscreen on the near side so that the front of the item displayed is clearly and entirely visible; or (b) in the case of a vehicle not fitted with a front windscreen, in a conspicuous position on the front or near side of the vehicle so that the front of the item displayed is clearly and entirely visible. “Restricted Hours” means the period between 8 am. and 3 p.m. on Monday to Friday inclusive on any such day not being Christmas Day, Good Friday or a Bank Holiday being a public holiday. “Service Provider’s Permit” means a valid Service Provider’s Permit issued and displayed in accordance with the provisions of the City of Southampton (Polygon Area) (Residents’ Parking Scheme) Order 2002, as amended. telecommunications code contained in Schedule 2 to the Telecommunications Act 1984. “Ticket Machine” means an apparatus of a type and design approved by the Secretary of State for Transport for the purpose inter alia of this Order, being apparatus designed to indicate the time by a clock and to issue parking tickets which show that a payment has been made of an amount or for a period specified thereon and which specify the date and either the time of such payment or the time at which the vehicle must leave the parking place. “Waiver Certificate” means a certificate issued on behalf of the Council for the purposes of Article 7(iv), permitting a specified vehicle to wait in special circumstances on a length or lengths of roads where the waiting of that vehicle would otherwise be restricted or prohibited. “Zig-zag entrance marking” means any area designated as such by the Articles of this Order and are contained in the Schedules 4.08, 4.09, 4.10, 4.11, 4.12 and 4.13 of this Order, and is comprised within and indicated by a road marking complying with diagram 1027.1 of the Traffic Signs Regulations and General Directions 2002. 2(B) Except where otherwise stated any reference in this Order to a numbered Article or Schedule 11 05.06 Various Roads (PRW) Order 2011(3) ________ is a reference to the Article or Schedule bearing that number in this Order. 2(C) Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment. 2(D) The prohibitions, restrictions and requirements imposed by this Order are in addition to and not in derogation of any restriction, prohibition or requirement imposed by any other enactment and any exception or exemption from the provisions of this Order is without prejudice to the provisions of any other enactment: SAVE THAT in so far as any provision of Articles 5(d), 9 or 11 conflicts with any other provision of this Order, or any other Order relating to the waiting of vehicles, that provision of the said Articles shall prevail.