off street parking places - East Renfrewshire Council

THE EAST RENFREWSHIRE COUNCIL
(OFF STREET PARKING PLACES)
(CONTROLLING REGULATIONS) ORDER 2009
ARRANGEMENT OF ARTICLES
GENERAL
ARTICLE
Citation and commencement
1
Interpretation
2
DESIGNATION OF PARKING PLACES AND CONDITIONS
Designation of parking places
3
Vehicles which may use parking places
4
Laying out and marking of parking places and parking bays
5
Manner of standing in parking places
6
Alteration of position of vehicle in parking places
7
Removal of vehicles from parking places
8
Movement of vehicles in parking places in emergencies
9
Power to suspend parking places
10
Restriction of use of parking places
11
Waiving of restrictions for prevailing leases
12
Power to dispose of abandoned vehicles
13
Responsibility of driver
14
Responsibility of Council
15
Partial Revocation of existing Traffic Regulation Order
16
Powers of the Council
17
ARRANGEMENT OF SCHEDULES
TITLE
List of designated parking places
i
Categories of Vehicle
ii
Partial Revocation of Existing Traffic Regulation Order
iii
THE EAST RENFREWSHIRE COUNCIL
(OFF STREET PARKING PLACES)
(CONTROLLING REGULATIONS) ORDER 2009
The East Renfrewshire Council in exercise of the powers conferred upon them by sections
32 and 35 of the Road Traffic Regulation Act, 1984 ( hereinafter referred to as ‘the Act of
1984’), and of all other powers enabling them in that behalf, and after consultation with the
Chief Constable in accordance with the provisions of section 124 of the Act of 1984 hereby
make the following Order: Citation and Commencement
1.
This Order may be cited as ‘’The East Renfrewshire Council (Off Street Parking
Places) (Controlling Regulations) Order 2009 ’’, and shall come into operation on
the Nineteenth day of December Two Thousand and Nine.
Interpretation
2.
(i)
In this Order, except where the context otherwise requires, the following
expressions shall have the meaning hereby respectively assigned to them:
‘’articulated vehicle’’ - has the same meaning as in Section 138 of the Act
of 1984;
‘’caravan’’ – has the same meaning as in Section 29 (1) of the Caravan
Sites and Control of Development Act 1960;
‘’car-derived van’’ - has the same meaning as in Schedule 6, Part IV of the
Act of 1984;
‘’Council’’ – means The East Renfrewshire Council;
‘’day’’ – means a period of 24 hours commencing at 0001 hours and
ending at 2400 hours and any reference to hours shall be construed as
referring to consecutive hours within one day;
‘’disabled persons badge’’ - has the same meaning as in the Local
Authorities Traffic Orders (Exemptions for Disabled Persons) (Scotland)
Regulations 2002;
’disabled persons vehicle’’ – means a motor vehicle of a vehicle type within
categories 1, 2, and 3 in the Schedule II hereto used for the carriage of
disabled persons which has displayed in the relevant position a disabled
person’s badge issued by a local authority in exercise of its powers under
Section 2(1) of the Chronically Sick and Disabled Persons Act 1970
provided always that such vehicle is not causing an obstruction and is
being driven by or used for the carriage of a disabled person;
‘’dual purpose vehicle’’ – means a motor vehicle which is constructed or
adapted both to carry or haul goods and to carry more than eight persons
in addition to the driver;
‘’express service’’ - has the same meaning as in Section 2 (1) of the Public
Passenger Vehicles Act 1981;
‘’goods vehicle’’ - has the same meaning as in Section 138 of the Act of
1984 (but not including a dual-purpose vehicle);
“Head of Roads, Planning and Transportation” means the Head of Roads,
Planning and Transportation of the East Renfrewshire Council and his
authorised representatives and, in the event that the post of “Head of
Roads, Planning and Transportation” is abolished, shall mean the officer
designated by The East Renfrewshire Council to carry out the functions in
terms of this Order and his authorised representatives.
‘’heavy commercial vehicle’’ - has the same meaning as in Section 138 of
the Act of 1984;
‘’light commercial vehicle’’ – means any goods vehicle which has an
operating weight which is not greater than 7.5 tonnes;
’living van’’ - has the same meaning as in Regulation 3 of the Goods
Vehicles (Planting and Testing) Regulations 1988/1478;
‘’motor car’’ - has the same meaning as in Section 136 of the Act of 1984;
‘’motor cycle’’ - has the same meaning as in Section 136 of the Act of
1984;
‘’motor vehicle’’ – has the same meaning as in Section 136 of the Act of
1984;
“owner’ – in relation to a vehicle means the person by whom such vehicle
is used and kept.
‘’parking attendant’’ – means a person authorised by, or on behalf of the
Council to supervise any parking place;
‘’parking place’’ – means an area designated as a parking place by this
Order;
‘’public service vehicle’’ – means a public service vehicle as defined in
Section 1 of the Public Passenger Vehicles Act 1981 operated in
accordance with a standard licence issued under Sections 12 and 13 of
the said Act;
“relevant position” to display a disabled person’s badge - means a
disabled person’s badge displayed in the manner prescribed by Regulation
12 of the Disabled Persons (Badges for Motor Vehicles) (Scotland)
Regulations 2000, namely:
(a) exhibited on the dashboard or facia of the vehicle, or
(b) where the vehicle is not fitted with a dash board or facia, the badge is
exhibited in a conspicuous position on the vehicle, so that the front of
the badge is clearly legible from the outside of the vehicle;
‘’school bus’’ – means a bus used in association with educational facilities;
“taxi” has the same meaning as in Section 23 (1) of the Civic Government
(Scotland) Act 1982;
“taxi stance” has the same meaning as in Section 19 of the Civic
Government (Scotland) Act 1982;
‘’touring bus’’ – means a bus used for holiday or recreational purposes;
‘’trailer’’ - has the same meaning as in Section 138 of the Act of 1984;
‘’vehicle’’ – means a wheeled conveyance of any description and includes
a machine or implement of any kind drawn or propelled along roads
whether by animal or mechanical means;
Designation of Parking Places
3.
Each area which is described in Schedule I to this Order shall be a parking place
for the purpose of this Order.
Vehicles which may use parking places
4.
Subject to any restrictions imposed by this Order, each parking place may be
used for the leaving of such types of vehicle as are listed in categories 1, 2, and 3
of Schedule II to this Order and not for any other category of vehicle type.
Laying out and marking of parking places and parking bays
5.
The limits of each parking place and the limits of every parking bay in that parking
place shall be indicated in such a manner as the Head of Roads Planning and
Transportation or his authorised representative may determine by lines, studs or
other indications.
Manner of standing in parking places
6.
(i)
The method of parking shall be within the area delineated for the purpose
or such a location as may be determined by the Head of Roads Planning
and Transportation or his representative.
(ii)
No vehicle shall be parked in such a position as to cause obstruction to the
entrance or exit of the parking place or otherwise hinder the operation of
the parking place.
(iii)
Where there are lines, studs or other indications indicating that a parking
bay is designated for the parking of vehicles of a particular type such as (
but not restricted to) for a disabled person’s vehicle or for a motor cycle,
the driver of the vehicle shall not permit it to wait in a parking bay unless it
is of that vehicle type.
(iv)
The driver of a vehicle using a parking place shall stop the engine as soon
as the vehicle is in position in the parking place and shall not start the
engine or sound any horn or other similar instrument except when about to
change the position of the vehicle in or to depart from the parking place.
Alteration of position of vehicle in parking places
7.
Where any vehicle is standing in a parking place in contravention of the
provisions of Article 4, 6, 10 (iv) or 11 of this Order, a parking attendant or any
other person authorised by the Head of Roads Planning and Transportation may
alter or cause to be altered the position of the vehicle in order that its position
shall comply with those provisions.
Removal of vehicles from parking places
8.
Where a parking attendant or any other person authorised by the Head of Roads
Planning and Transportation is of the opinion that the provisions contained in
Article 4, 6, 10 (iv) or 11 of this Order have not been complied with in respect of a
vehicle left in a parking place they may remove the vehicle and, where it is so
removed, shall subject to Regulation 13 hereof, provide for the safe custody of
the vehicle.
Where a vehicle is removed from the parking place the Council may charge the
owner all costs incurred in such removal and storage and may retain custody of
the vehicle until such charges are paid.
Movement of vehicles in parking places in emergencies
9.
A parking attendant or any person authorised by the Head of Roads Planning and
Transportation may, in the case of an emergency, move or cause to be moved to
any place he thinks fit, vehicles left in a parking place.
Power to suspend parking places
10.
(i)
All or any part of a parking place may, at the discretion of the Head of
Roads Planning and Transportation be suspended either permanently or
temporarily whenever such suspension is considered reasonably
necessary.
(ii)
Without prejudice to Article (i) above the Head of Roads Planning and
Transportation may suspend the use of a parking place temporarily for the
requirements of recreation, display, charity or fund raising functions;
motoring organisations, or work associated with adjacent building or
contracting operations or which may be required by the Council or for any
purpose authorised by the Council.
(iii)
On any suspension of a parking place in accordance with the provisions
of the preceding paragraphs any person, duly authorised by the Head of
Roads Planning and Transportation, may use suitable means to indicate
that the use of the parking bay or parking place is suspended.
(iv)
No person shall cause or permit any vehicle to wait in any part of a parking
place which has been suspended in accordance with the provisions of this
Article, except with the permission of a person authorised by the Head of
Roads Planning and Transportation.
Restriction of use of parking places
11.
(i)
No person shall wash, clean or overhaul any vehicle or execute any
mechanical or other alterations or repair to a vehicle or any part thereof
whilst such a vehicle is upon a parking place except such repairs as may
be necessary for the purpose of enabling the vehicle to be moved from the
parking place.
(ii)
No person shall light or cause or permit to be lit any fire in the parking
place.
(iii)
No person shall cause litter to be dropped in the parking place or fuel oil or
diesel to be spilled.
(iv)
No person shall wilfully remove or destroy any sign, marking, notice or
notice board within the parking place or any fastening or equipment used
for the purpose of exhibiting or displaying such sign, marking, notice or
notice board.
(v)
No person shall wilfully or negligently deface or destroy any part of the
parking place.
(vi)
No person shall cause a car radio, transmitter or receiver to be operated
while the vehicle is upon a parking place.
(vii)
No person shall play or cause or permit to be played any cassette compact
disc, instrument or similar item in such a manner as may be a nuisance to
other users of the parking place or to the owners or occupiers or
proprietors adjoining the parking place.
(viii)
No person shall park a vehicle for a period longer than 24 hours without
permission of the parking place attendant or other person authorised by the
Head of Roads Planning and Transportation.
(ix)
No person shall use a vehicle or trailer as sleeping accommodation while it
is upon a parking place between the hours of 11.00 pm and 7.00 am.
(x)
No person shall use a vehicle or trailer for residential purposes while it is
upon a parking place between the hours of 11.00 pm and 7.00 am.
(xi)
No person shall use the parking place for the purpose of splitting loads or
transferring plant between vehicles or for loading or unloading goods in
association with a commercial concern.
(xii)
No person shall use the parking place for the parking of trailers or
caravans separately from their motor vehicles except where specifically
authorised in Regulation 4.
(xiii)
No person shall use a parking place as a
proceeding from one road to another.
(xiv)
No person shall erect or cause to be erected any tent, booth, stand,
building or other structure or advertisement either free standing or on a
vehicle without the written consent of East Renfrewshire Council.
(xv)
The selling or offering for sale of a vehicle or of any goods or merchandise
within the limits of the parking place or any form of advertisement shall be
prohibited, without the written consent of East Renfrewshire Council.
(xvi)
The carrying on of any business within the limits of the parking place shall
be prohibited, without the written consent of East Renfrewshire Council.
means of passage for
(xvii) (a) While a vehicle is within a parking place (other than a taxi in a parking
bay designated as a taxi stance for the exclusive use of taxis and during
the hours of operation as a taxi stance) it shall not be lawful for the driver
or conductor of the vehicle, or for any person employed in connection
therewith, to ply for hire or to accept passengers for hire.
(b)While a vehicle is within a parking place it shall not be lawful for the
driver or conductor of the vehicle or for any person employed in connection
therewith to ply for hire or to accept passengers, via remote radio control.
(xviii) No person shall cause or permit a vehicle to park or wait in a parking bay
which has been designated for the time being as a taxi stance for the
exclusive use of taxis during the hours of operation as a taxi stance unless
the vehicle is a taxi.
(xix)
No person shall cause or permit a vehicle to park or wait in a parking bay
which has been designated as a parking bay for disabled persons by the
Head of Roads and Transportation unless the vehicle is a disabled
person’s vehicle or an invalid carriage.
Waiving of Restrictions for Prevailing Leases
12.
If, prior to the enactment of this Order, there is in relation to any car park a written
lease permitting the car park to be used for any of the activities listed in Article
11, then those activities insofar as they are undertaken in terms of the lease shall
not be deemed restricted while the lease remains valid.
Power to Dispose of Abandoned Vehicles
13.
(i)
The Council may, in respect of a vehicle which has been removed from a
parking place in pursuance of Article 8 of this Order, or if any vehicle
appears to them to have been abandoned, sell or otherwise dispose of the
vehicle after having made reasonable enquiry to ascertain the name and
address of the owner of the vehicle.
(ii)
The Council shall be deemed not to have made reasonable enquiry to
ascertain the name and address of the owner of any vehicle to which this
Article applies unless they have taken, in relation to that vehicle, such
steps as or may be prescribed by Regulations 12 – 16 inclusive of the
Removal and Disposal of Vehicles Regulations 1986.
Responsibility of driver
14.
The person who was driving the vehicle at the time when it was left in the parking
place shall be responsible for complying with the provisions of this Order and
unless otherwise proved the owner of the vehicle shall be deemed to be the
driver of that vehicle.
Responsibility of East Renfrewshire Council
15.
East Renfrewshire Council will accept no responsibility for the death or personal
injury or loss suffered by any person within the parking place or for the loss of,
damage to or theft from any vehicle left in the parking place.
Partial Revocation of existing Traffic Regulation Order
16.
The Strathclyde Regional Council (Off Road Parking Places) (Controlling
Regulations) Order 1987 is hereby revoked as respects the parking places listed
in Schedule iii hereto.
17.
Powers of the Council
(i)
A parking attendant or any other person authorised by the Head of
Roads Planning and Transportation may require any person
contravening this Order to leave the parking place at once.
(ii)
The Council may remove and dispose of any item which may have
been deposited in a parking place in contravention of this Order
including (without prejudice to the foregoing generality) any tent,
booth, stand, building or other structure or advertisement placed or
erected and may take such other action as is appropriate in the
circumstances including (without prejudice to the foregoing generality)
action to recover their costs.
(iii)
Nothing in this Order shall restrict the powers of the Council to close
to the public the whole, or any part of a parking place whether
temporarily or permanently or to vary or amend the classes of vehicles
that may use specified parking places.
SCHEDULE I
List of designated parking places
Permitted
Vehicle
Categories
Car Park Ref
Town or Area
Name or Road
ERC 1
Barrhead
Carlibar Road
1-3
ERC 2
Barrhead
Cochrane Street
1-3
ERC 3
Barrhead
Ralston Road
1-3
ERC 4
Barrhead
Princes Square
1-3
ERC 5
Neilston
Main Street
1-3
ERC 6
Clarkston
Drumby Crescent
1-3
ERC 7
Clarkston
Moray Drive
1-3
ERC 8
Clarkston
Goods Yard
1-3
ERC 9
Newton Mearns
Broomburn Drive
1-3
ERC 10
Newton Mearns
Broom Shops
1-3
ERC 11
Giffnock
Giffnock Station
1-3
ERC 12
Giffnock
Merryvale Place
1-3
ERC 13
Crookfur
Harvie Avenue
1-3
ERC 14
Busby
Mary Young Place
1-3
SCHEDULE II
Categories of Vehicle
Category Number
Vehicle Type
1.
motor car
car-derived van
dual purpose vehicle
2.
motor cycle
3.
invalid carriages of categories 1
and 2
4.
light commercial vehicle
5.
heavy commercial vehicle
6.
articulated vehicle
7.
trailer
8.
caravan
living Van
9.
motor caravan
10.
public service vehicle
11.
school bus
12.
touring bus
SCHEDULE III
Revocation of Existing Traffic Regulation Order
Name of Order
Extent of Revocation
The Strathclyde Regional Council
(Off Road Parking Places)
(Controlling Regulations)
Order 1987
Ref 6/1/16
Ref 6/1/17
Ref 6/1/18
Ref 6/1/19
Ref 6/3/1
Ref 6/3/2
Ref 6/3/3
Ref 6/3/4
Ref 6/3/7
Ref 6/3/11
Ref 6/3/12
Arthurlie Street, Barrhead
Main Street, Barrhead
Ralston Road, Barrhead
The Centre (Mill Rd), Barrhead
Former Goods Station, Clarkston
Drumby Crescent, Williamwood
Station Yard, Giffnock
Merryvale Place, Giffnock
Moray Drive, Giffnock
Ayr Road, Newton Mearns
Broomburn Drive, Newton Mearns
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