Prohibition of Waiting or Stopping and Restriction of Waiting. On-Street Parking Places Regulations Permit Parking Places

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1 INDEX 1 Pre-amble 2 Commencement and Citation 2 Revocation 2 Interpretation 3-9 Part A - Prohibition of Waiting or Stopping and Restriction of Waiting Part B - Section 1 On-Street Parking Places Regulations Places Section 2 Parking Places with Ticket Machines Section 3 Business Places Section 4 Disabled Parking Places 56 Section 5 Loading Bays for Goods Vehicles 57 Section 6 Limited Waiting Parking Places Section 7 General provisions, suspensions & dispensations Section 8 Contravention 67 Part C - Resolution of Conflicts 68 List of Schedules - Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Schedule 10 Orders to be revoked Properties the residents of which are eligible to apply for Parking Permits Waiting, Stopping, Loading and Unloading Restrictions Places Parking Places with Ticket Machines Business Places Disabled Parking Places Parking Places for Loading or Unloading by Goods Vehicles Limited Waiting Parking Places On-Street Parking Charges Borough Council

2 THE BOROUGH COUNCIL OF CHELMSFORD (WAITING, LOADING AND PARKING CONSOLIDATION) ORDER 2009 The Borough Council of (hereinafter referred to as "the Council") with the consent of Essex County Council and under arrangements made with the said County Council pursuant to s19 of the Local Government Act 2000 and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 of the Road Traffic Regulation Act 1984, HEREBY makes the following ORDER under (a) the powers conferred by sections 1, 2, 4, 32, 35, 45, 46, 46A and Part IV and V of Schedule 9 of the Road Traffic Regulation Act 1984 as modified and (b) the Traffic Management Act 2004 as amended and (c) in accordance with the Local Authorities' Traffic Orders (Procedure) (England & Wales) Regulations 1996; and of all other enabling powers. Commencement and Citation 1. This Order shall come into operation for all purposes on the 1 st day of September 2009 and may be cited as the Borough Council of (Waiting, Loading and Parking Consolidation) Order Borough Council

3 Revocation of Existing Orders 2. With effect from the date set out in Article 1 above, those Orders set out in Schedule 1 to this Order are hereby revoked. Interpretation 3. (1) In this Order, except where the context otherwise requires, the following expressions have the meanings respectively assigned to them:- The Council means Borough Council; Bus and Local Bus has the same meaning as in regulation 22(2) and 4 respectively of the Traffic Signs Regulations and General Directions 2002; Bus Stop means an area of carriageway intended for the waiting of buses which is comprised within and indicated by road markings complying with either diagram , or in Schedule 6 and a sign complying with diagram 974 in Schedule 5 of the Traffic Signs Regulations and General Directions 2002; Carriageway means a way constituting or comprised in a highway being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles; Civil Enforcement Officer means a person in uniform authorised by or on behalf of the Council to enforce the provisions of this Order and the relevant provisions of the Traffic Management Act 2004; Contravention means a failure to comply with the provisions of this Order, or of the relevant provisions of the Traffic Management Act 2004; Delivering and Collecting in relation to any goods includes checking the goods for the purpose of their delivery or collection; Borough Council

4 Disabled Person s Badge, Disabled Person s Vehicle and Disabled Persons Parking Disc have the same meanings as in the Local Authorities Traffic Orders (Exemption for Disabled Persons) (England) Regulations 2000; Dispensation means a formal document issued by Borough Council to exempt a vehicle from a restriction under the terms and charges applicable at the time of issue; Driver in relation to a vehicle waiting in a parking place or on a road or length of road specified in this Order means a person driving the vehicle at the time it was left in that parking place or on that road or length of road; Dual Purpose vehicle has the same meaning as in Regulation 3 of the Road Vehicles (Construction and Use) Regulations 1986; Goods means goods or burden of any description and includes postal packets of any description; Goods Vehicle means a motor vehicle, which is constructed or adapted for use for the carriage of goods or burdens of any description and is not drawing a trailer; Maximum Stay Period means a period not exceeding two hours for parking during the Permitted Hours in a Parking Place with Ticket Machine; Motor Car has the same meaning as in section 136(2)(a) of the Road Traffic Regulation Act 1984; Motor Cycle has the same meaning as in section 136(4) of the Road Traffic Regulation Act 1984; Owner in relation to a vehicle means the person who is named in the vehicle registration document as the registered keeper of that vehicle OR who is authorised by Borough Council

5 the registered keeper to keep and use the vehicle as though he were the registered keeper thereof; Parking Bay means a space in a Parking Place, which is provided for the leaving of a vehicle under the provisions of this Order; Parking Place means a road or any length of road identified in Schedule 4 to Schedule 9 of this Order, which is provided by the Council for the leaving of a vehicle or vehicles under the provisions of this Order, and is indicated by the appropriate traffic signs; Passenger vehicle means a motor car (other than a motorcycle) 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 Band 2 charge set under the provisions of the Traffic Management Act 2004 which is to be paid to the Council following the issue of a penalty charge notice; Penalty Charge Notice means a notice issued or served by a Civil Enforcement Officer pursuant to section 78 of the Traffic Management Act 2004 and regulations made thereunder; Permitted Hours means the period between 8.00 a.m. and 6.00 p.m. on Monday to Saturday inclusive any such day not being Christmas Day; Regulated Hours means in relation to those areas of highway indicated in Schedule 4 to this Order the hours and days specified therein; Relevant Position in respect of:- (a) a Disabled Persons Badge, means Borough Council

6 (i) the badge is exhibited on the dashboard or facia of the vehicle so that the front of the badge is clearly legible from the outside of the vehicle; or (ii) where the vehicle is not fitted with a dashboard 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. (b) a Disabled Person s Parking Disc, means (i) (ii) the disc is exhibited on the dashboard or facia of the vehicle; or where the vehicle does not have a dashboard or facia, the disc is exhibited in a conspicuous position on the vehicle, so that, when marked to show the quarter-hour period during which a period of waiting began, that period is clearly legible from the outside of the vehicle. Resident means a person whose usual place of abode is at premises the postal address of which is in a road or part of a road identified as a residents permit parking zone specified in Schedule 2 to this Order; Road means the carriageway and any footway, pavement, verge or grass verge comprising a road; Specified Hours means the period between 8.00 a.m. and 8.00 p.m. on any day other than Christmas Day; Taxi(s) means a hackney carriage as defined under section 38 of the Town Police Clauses Act 1847 which is (i) (ii) licensed by Borough Council and attended by the driver and available for hire; Borough Council

7 Taxi Rank means an area of carriageway reserved for use by taxis waiting to pick up passengers; Temporary Parking Permit means a permit issued under the provisions of Article 19 of this Order; Ticket Machine means an apparatus of a type and design approved by the Secretary of State for the purpose of this Order being apparatus designed to indicate the time by a clock and to issue numbered tickets, the day of issue and the time of departure at which the vehicle must leave the parking place; Traffic Sign means a sign of any size, colour and type prescribed or authorised under, or having effect as though prescribed or authorised under the Traffic Signs Regulations and General Directions 2002 and all amendments thereto; Trailer means a vehicle without motive power, designed to be towed by a motor vehicle, and includes a caravan or trailer adapted for catering purposes; Valid in respect of :- (a) a Yearly or Half Yearly Resident Parking Permit means the provisions of Article 11 of this Order are complied with; (b) a Yearly or Half Yearly Worker Parking Permit means the provisions of Article 12 of this Order are complied with; (c) a Yearly or Half Yearly Visitor Parking Permit means the provisions of Article 17 of this Order are complied with; (d) a Temporary Parking Permit means the provisions of Article 19 are complied with; (e) a Visitor Parking Ticket means the provisions of Article 18 are complied with; Borough Council

8 (f) a ticket obtained from a ticket machine means the provisions of Article 25 are complied with; (g) a Yearly or Half Yearly Business Parking Permit means the provisions of Article 31 are complied with. Visitor Parking Ticket means a ticket issued under the provisions of Article 18 of this Order; Worker in relation to Article 30 means any person who is employed full time in any of the premises which adjoin Marks and Spencer Service Yard; Yearly or Half Yearly Resident Parking Permit means a permit issued under the provisions of Article 9 of this Order; Yearly or Half Yearly Resident Parking Permit Holder means a person to whom a Yearly or Half Yearly Resident Parking Permit has been issued under the provisions of Article 9 of this Order; Yearly or Half Yearly Visitor Parking Permit means a permit issued under the provisions of Article 17 of this Order; Yearly or Half Yearly Visitor Parking Permit Holder means a person to whom a Yearly or Half Yearly Visitor Parking Permit has been issued under the provisions of Article 17 of this Order; Yearly or Half Yearly Business Parking Permit means a permit issued under the provisions of Article 30 of this Order; Yearly or Half Yearly Business Parking Permit Holder means a person to whom a Yearly or Half Yearly Business Parking Permit has been issued under the provisions of Article 30 of this Order; Borough Council

9 Yearly or Half Yearly Worker Parking Permit means a permit issued under the provisions of Article 10 of this Order; Yearly or Half Yearly Worker Parking Permit Holder means a person to whom a Yearly or Half Yearly Worker Parking Permit has been issued under the provisions of Article 10 of this Order; Zone means a road or part of a road in an area identified in Schedule 4 subject to permit parking for which a permit is issued for that particular zone and no other. (2) For the purpose of this Order the prohibitions and restrictions contained in this Order shall apply to the full extent of the public highway, with the exception of Clearways which apply to the extent of the carriageway. (3) The prohibitions imposed by this Order shall be in addition to and not in derogation of any restriction, prohibition or requirement imposed by any Regulations or Orders made or having effect as if made under the Road Traffic Regulation Act 1984, or by or under any other enactment or subsequent enactment Borough Council

10 PART A PROHIBITION OF WAITING OR STOPPING AND RESTRICTION OF WAITING 4. Save as provided in Article 5 of this Order, no person shall, except upon the direction or with the permission of a Police Constable in uniform or of a Civil Enforcement Officer, cause or permit any vehicle to wait or to be loaded or unloaded or to stop at the times and/or on the days specified in Schedule 3 to this Order when those restrictions or prohibitions are in effect. 5. (1) Nothing in Article 4 of this Order shall render it unlawful to cause or permit:- (a) a Taxi licensed by Borough Council to wait or to stop in any duly authorised Taxi Rank specified in Schedule 3 whilst attended and available for hire during the period of time the restrictions are in effect; (b) a vehicle to wait in the lay-by in Market Road adjacent to the Essex County Council Register Office in connection with a marriage or civil partnership ceremony or other celebratory service taking place at the Register Office and the vehicle is displaying in a conspicuous position on its windscreen a valid notice issued by the Register Office confirming that it is authorised to wait; (2) Save as provided in paragraph (1) (a) above nothing in Article 4 shall render it unlawful to cause or permit a disabled persons vehicle to wait in those roads specified in Schedule 3, where a loading ban or stopping prohibition is not in effect, which displays in the Relevant Position a Borough Council

11 Disabled Persons Badge and a Disabled Person s Parking Disc, on which the driver or the person in charge of the vehicle has marked the time at which the period of waiting began, for a period not exceeding three hours (not being a period separated by an interval of less than one hour from a previous period of waiting by the same vehicle in the same road) but only if that vehicle has been or is about to be driven or used by the person to whom the badge has been issued or, as the case may be, used for the carrying of disabled person(s) as passenger(s). (3) Save as provided in paragraph (4) below no person shall, except upon the direction or with the permission of a Police Constable in uniform or of a Civil Enforcement Officer, cause or permit any vehicle to stop in any of the lengths of road indicated in Schedule 3 to this Order as being no stopping, at the times and/or on the days specified in Schedule 3 when those prohibitions are in effect. (4) Notwithstanding the foregoing provisions of this Order, any vehicle may wait at any time in any of the lengths of road indicated in Schedule 3 to this Order for so long as may be reasonably necessary if :- (a) the vehicle is a vehicle being used for police, fire brigade or ambulance purposes, or a vehicle (other than a passenger vehicle) in the service of a local authority or a statutory undertaker, if it cannot conveniently be used for such purposes in any other road, which is being used in pursuance of statutory powers or duties; Borough Council

12 (b) the vehicle is waiting owing to the driver being prevented from proceeding by circumstances beyond his control or to such waiting in order to avoid an accident; (c) the vehicle is waiting to enable it to be used in connection with the removal of any obstruction to traffic. (5) Notwithstanding the foregoing provisions of this Order, any vehicle may wait at any time in any of the lengths of road indicated in Schedule 3 to this Order, except where a stopping prohibition is in effect or it is a duly authorised Taxi Rank, for so long as may be reasonably necessary if it refers to a loading ban if:- (a) the vehicle is waiting to enable a person to board or alight from the vehicle; (b) the vehicle (not being a passenger vehicle) is in actual use in connection with the removal of furniture from one office or dwelling house to another or the removal of furniture from such premises to a depository or to such premises from a depository; (c) the vehicle is being used for as long as may be necessary for the purposes of delivering or collecting postal packets as defined in section 125(1) of the Postal Services Act, 2000; (d) the vehicle is in actual use in connection with essential work at adjacent premises for the purpose of undertaking emergency glazing repairs to the said premises; (6) Notwithstanding the foregoing provisions of this Order, any vehicle may wait at any time in any of the lengths of road indicated in Schedule 3 to Borough Council

13 this Order, except where a stopping prohibition is in effect or it is a duly authorised Taxi Rank, for so long as may be reasonably necessary if it does not refer to a loading ban if:- (a) the vehicle is being used for any of the purposes referred to in paragraph (4) & (5) above; (b) the vehicle is waiting to enable goods to be loaded or unloaded from the vehicle; (c) if the vehicle, if it cannot conveniently be used for such purposes in any other road, to be used as part of a wedding or funeral cortege or otherwise in connection with a wedding or funeral; (d) the vehicle, if it cannot conveniently be used for such purposes in any other road, to be used in connection with the operation of building or demolition. (e) the vehicle has obtained permission from the Council by means of a dispensation to be displayed in the front or nearside of the vehicle and which includes information to enable the driver to be contacted in an emergency and providing no obstruction is not caused by doing so and that the vehicle is moved if the driver is requested to do so by a Police Constable in uniform or a Civil Enforcement Officer. 6. (1) If a vehicle is left without complying with any of the requirements of this Order then a contravention will have occurred and a penalty charge shall be payable for each period specified in Schedule 3 which the said vehicle is so parked Borough Council

14 (2) If a contravention has occurred a penalty charge showing the information required by the Traffic Management Act 2004 may then be issued by a Civil Enforcement Officer. (3) The notification of a penalty charge to be given in respect of a stationary vehicle:- (a) (b) by a penalty charge notice affixed to the vehicle; or by a penalty charge notice given to the person appearing to be in charge of the vehicle; or (c) where a Civil Enforcement Officer attempted to serve a penalty charge notice but was prevented from doing so by some person then the Council shall serve the penalty charge notice by post in accordance with the Traffic Management Act 2004; or (d) where a Civil Enforcement Officer had begun to prepare a penalty charge notice for service, but the vehicle concerned was driven away from the place it was stationary before the Civil Enforcement Officer had finished preparing the penalty charge notice then the Council shall serve the penalty charge notice by post in accordance with the Traffic Management Act (4) The Council shall cause the limits of the prohibition of waiting or stopping and restriction of waiting to be indicated on the carriageway by placing and maintaining thereon traffic signs of any size, colour and type prescribed or authorised under the Traffic Signs Regulations and General Directions 2002 or subsequent amendments Borough Council

15 (5) The Council is satisfied that, for facilitating the passage of vehicular traffic in the prohibited area, it is requisite that Section 3 (2) of the 1984 Act should not apply in relation to this Order Borough Council

16 PART B ON-STREET PARKING PLACES REGULATIONS SECTION I - PERMIT PARKING PLACES 7. Designation of Parking Places Each area on a highway which is indicated in Schedule 4 to this Order is hereby designated as a Parking Place for Permit Holders, of the type of permit specified in Article 8, during the Regulated Hours. 8. Vehicles for which Parking Places are designated (1) The parking place may be used, subject to the provisions of this Order, for the leaving during the Regulated Hours of such vehicles which display in the manner specified in Article 21 of this Order a valid Yearly or Half-Yearly Resident Parking Permit or a valid Yearly or Half-Yearly Worker Parking Permit or a valid Yearly or Half-Yearly Visitor Parking Permit or a valid Temporary Parking Permit or a valid Visitor Parking Ticket issued by the Council, for that particular Zone and no other. (2) The parking place may be used, subject to the provisions of this Order, for the leaving during the Regulated Hours of a disabled persons vehicle which displays in the Relevant Position a Disabled Persons Badge and a Disabled Person s Parking Disc, on which the driver or the person in charge of the vehicle has marked the time at which the period of waiting began, for a period not exceeding three hours (not being a period separated by an interval of less than one hour from a previous period of waiting by the same vehicle in the same road) but only if that vehicle has been or is about to be Borough Council

17 driven or used by the person to whom the badge has been issued or, as the case may be, used for the carrying of disabled person(s) as passenger(s). 9. Application for and Issue of a Yearly or Half-Yearly Resident Parking Permit (1) Subject to Article 9 (6) below any resident being a resident of a road or a section of road included in Schedule 2 of this Order and not being a resident whose usual place of abode is the usual place of abode of a Visitor Parking Permit Holder who is:- (a) (b) the owner of a vehicle of the class specified in Article 9 (5) below; or a person who, in connection with their employment, has the private use of a vehicle which falls within the above-mentioned class, and who changes such vehicle with a frequency which the Council considers exceptional may apply to the Council for the issue of a Resident Parking Permit (maximum two permits issued per household) for the leaving of that vehicle in a parking place and any such application shall be made on a form issued by and obtainable from the Council and shall include the information required by such form and shall be accompanied by a remittance of such charge specified in Schedule 10 of this Order as is appropriate in respect of the Resident Parking Permit for which application is being made. (2) Any resident 65 years of age or more and being a resident of a road or a section of road included in Schedule 2 of this Order and not being a resident whose usual place of abode is the usual place of abode of a Visitor Parking Permit Holder may apply to the Council for the issue of one Resident Parking Permit free of charge Borough Council

18 (3) The Council may at any time require an applicant for a Resident Parking Permit to produce to an Officer of the Council such evidence in respect of an application for a Resident Parking Permit made to them as they may reasonably require to verify any particulars or information given to them or in respect of any parking permit issued by them as they may reasonably require to verify that the parking permit is valid. (4) On receipt of an application made under the foregoing provisions of this Article and of the appropriate charge specified in Schedule 10 of this Order, the Council upon being satisfied that the applicant is a resident whose usual place of abode is not the usual place of abode of a Visitors Parking Permit Holder and is either:- (a) the owner of the vehicle of the class specified in paragraph (5) of this Article; OR (b) a Resident who meets the requirement of Article 9 (1) (b) above shall issue to that applicant a Resident Parking Permit (maximum two Resident Parking Permits issued per household) for the leaving during the Regulated Hours in any parking place of the vehicle (or vehicles in the case of a Resident Parking Permit issued under Article 9 (1)(b)) to which such parking permit relates by the owner of such vehicle or by any person using such vehicle with the consent of the owner other than a person to whom such vehicle has been let for hire or reward and any such Resident Parking Permit so issued shall remain the property of the Council at all times. (5) For the purposes of Article 9 (1) above the vehicle must be of the following class that is to say: Borough Council

19 (a) a Passenger Vehicle that does not exceed 2.2 in height or 5.25 in length; or (b) a Dual Purpose Vehicle that does not exceed 2.2 in height or 5.25 in length; or (c) a Goods Vehicle not exceeding 3.5 tonnes gross laden weight that does not exceed 2.2 in height or 5.25 in length; or (d) a Motor Cycle. (6) The resident of a property in a road or section of road included in Schedule 2 to this Order shall not be automatically eligible to apply for a Resident Parking Permit if the property was built after March 2009 save that the Council may at its absolute discretion allow for the issue of one or more permits where it is satisfied that there is sufficient parking capacity within the relevant parking zone to accommodate the additional vehicle(s). 10. Application for a Yearly or Half-Yearly Worker Parking Permit (1) Any person, firm or company meeting such criteria as shall from time to time be advised by the Council may apply to the Council for the issue of a Worker Parking Permit for the leaving in a parking place of a vehicle of the following class that is to say:- (a) a Passenger Vehicle that does not exceed 2.2 in height or 5.25 in length; or (b) a Dual Purpose Vehicle that does not exceed 2.2 in height or 5.25 in length; or (c) a Goods Vehicle not exceeding 3.5 tonnes gross laden weight that does not exceed 2.2 in height or 5.25 in length; or Borough Council

20 (d) a Motor Cycle, and any such application shall be made on a form issued by and obtainable from the Council and shall include the information required by such form and shall be accompanied by a remittance for such appropriate charge specified in Schedule 10 of this Order as is appropriate in respect of the Worker Parking Permit for which application is being made. (2) The Council may at any time require an applicant for a Worker Parking Permit to produce to an Officer of the Council such evidence in respect of an application for a Worker Parking Permit made to them as they may reasonably require to verify any particulars or information given to them or in respect of any Worker Parking Permit issued by them as they may reasonably require to verify that the Worker Parking Permit is valid. (3) Upon receipt of an application made under the foregoing provisions of this Article and of the appropriate charge specified in Schedule 10 of this Order, the Council, upon being satisfied that the applicant is eligible for a Worker Parking Permit, may at its absolute discretion issue to that applicant a Yearly or Half-Yearly Worker Parking Permit, dated the first day of the month in which it was issued, for the leaving between the hours of 8.00 a.m. and 6.00 p.m. in a parking place in such zone as is specified on the Worker Permit and on such days of the week as shall be specified on the Worker Parking Permit of any vehicle in the above-mentioned class by the Worker Parking Permit Holder or anyone authorised by that person and any such Worker Parking Permit so issued shall remain the property of the Council at all times Borough Council

21 11. Surrender, Withdrawal and Validity of Resident Parking Permit (1) A Resident Parking Permit Holder may surrender a Yearly or a Half Yearly Resident Parking Permit to the Council at any time and shall surrender a Resident Parking Permit to the Council on the occurrence of any of the events set out in paragraph (3) of this Article and upon such surrender the Council shall make a refund on the basis of 1/12 of the year s charge or 1/6 of the half-year s charge as appropriate for each complete unexpired month of the Resident Parking Permit less an administration charge specified in Schedule 10 of this Order. (2) The Council may, by notice in writing served on the Resident Parking Permit Holder by sending the same by the recorded delivery service to the Resident Parking Permit Holder at the address shown by that person on the application for the parking permit or at any other address believed to be that person s place of abode, withdraw a parking permit if it appears to the Council that any of the events set out in paragraphs 3(a), (b), (c) or (g) of this Article has occurred and the Resident Parking Permit Holder shall surrender the Resident Parking Permit to the Council within 48 hours of the receipt of such notice. (3) The events referred to in the foregoing provisions of this Article are: (a) (b) the Resident Parking Permit Holder ceasing to be a resident; the Resident Parking Permit Holder ceasing to be the owner of the vehicle in respect of which the Resident Parking Permit was issued; Borough Council

22 (c) the vehicle in respect of which such Resident Parking Permit was issued being adapted or used in such a manner that it is not a vehicle of the class specified in Article 9 (5) of this Order; (d) the withdrawal of such Resident Parking Permits by the Council under the provisions of paragraph (2) of this Article; (e) the issue of a duplicate Resident Parking Permit by the Council under the provisions or Article 13 of this Order; (f) the Resident Parking Permit ceasing to be valid pursuant to the provisions of paragraph (4) of this Article; (g) the Resident Parking Permit Holder failing to satisfy the Council upon demand as to his continued eligibility to be a Resident Parking Permit Holder; (h) the Resident Parking Permit is not displayed in accordance with the provision of Article 21 of this Order; (i) the Resident Parking Permit displayed on a vehicle in a parking place was not issued for the zone in which it is parked. (4) Without prejudice to the foregoing provisions of this Article a Resident Parking Permit shall cease to be valid at midnight on the expiry date specified thereon or on the occurrence of any one of the events set out in paragraph (3) of this Article, whichever is the earlier. (5) Where a Resident Parking Permit is issued to any person upon receipt of a cheque and the cheque is subsequently dishonoured the Resident Parking Permit shall cease to be of any effect and the Council shall by notice in writing served on the person to whom such Resident Parking Permit was Borough Council

23 issued by sending the same by the recorded delivery service to the Resident Parking Permit Holder at the address shown by that person on the application for the Resident Parking Permit or at any other address believed to be that person s place of abode, require that person to surrender the Resident Parking Permit to the Council within 48 hours of the receipt of the aforementioned notice. (6) Where a Resident Parking Permit is surrendered pursuant to paragraph (3) (b) of this Article and a new Resident Parking Permit is issued at the same time, the new permit issued will expire on the same date the surrendered permit was due to expire. The issuing of a new Resident Parking Permit is subject to an administration charge specified in Schedule 10 of this Order. 12. Surrender, Withdrawal and Validity of Worker Parking Permit. (1) A Worker Parking Permit Holder may surrender a Yearly or Half-Yearly Worker Parking Permit to the Council at any time and upon such surrender the Council shall make a refund on the basis of 1/12 of the year s charge or 1/6 of the half year s charge for each complete unexpired month of the Worker Parking Permit less an administration charge specified in Schedule 10 of this Order. (2) A Worker Parking Permit Holder shall surrender a Worker Parking Permit to the Council on the occurrence of any of the events set out in paragraph (4)(a),(b) & (c) of this Article and upon such surrender the Council shall not be obliged to make any refunds in respect thereof. (3) The Council may by notice in writing served on the Worker Parking Permit Holder by sending the same by the recorded delivery service to the Worker Borough Council

24 Parking Permit Holder at the address shown on the application for the Worker Parking Permit or the Worker Parking Permit Holder s registered office or place of abode, withdraw a Worker Parking Permit if it appears to the Council that the Worker Parking Permit Holder has breached any of the conditions of this Order and the Worker Parking Permit Holder shall surrender the Worker Parking Permit to the Council within 48 hours of the receipt of such notice. (4) The events referred to in the foregoing provisions of this Article are: (a) the withdrawal of such Worker Parking Permit by the Council under the provisions of paragraph (3) of this Article; (b) the issue of a duplicate Worker Parking Permit by the Council under the provisions of Article 14 of this Order; (c) the worker parking permit holder ceasing to be a worker on the particular zone for which the worker parking permit is issued; (d) the Worker Parking Permit ceasing to be valid pursuant to the provisions of paragraph (5) of this Article; (e) the Worker Parking Permit is not displayed in accordance with the provision of Article 21 of this Order; (f) the Worker Parking Permit displayed on a vehicle in a parking place was not issued for the zone in which it is parked. (5) Without prejudice to the foregoing provisions of this Article a Worker Parking Permit shall cease to be valid at midnight on the expiry date specified thereon or on the occurrence of any of the events set out in paragraph (4) of this Article, whichever is the earlier Borough Council

25 (6) A Worker Parking Permit displayed on a vehicle in a parking place shall be valid only if the following conditions are met: (a) the vehicle on which the Worker Parking Permit is displayed is within the class specified in Article 10 (1); (b) the vehicle on which the Worker Parking Permit is displayed is left in a Parking Place in such zone as is specified on the Worker Parking Permit; (c) the period during which the vehicle on which the Worker Parking Permit is displayed is left in the parking place falls between the hours of 8.00 a.m. and 6.00 p.m. and within the days of validity specified on the Worker Parking Permit; (d) the Worker Parking Permit is displayed in accordance with the provision of Article 21 of this Order. (7) Where a Worker Parking Permit is issued to any person firm or company upon receipt of a cheque and the cheque is subsequently dishonoured the Worker Parking Permit shall cease to be of any effect and the Council shall by notice in writing served on the person firm or company to whom such Worker Parking Permit was issued by sending the same by recorded delivery service to the Worker Parking Permit Holder at the address shown on the application for the Worker Parking Permit or at any other address believed to be the Worker Parking Permit Holder s registered office or place of abode, require that person firm or company to surrender the Worker Parking Permit to the Council within 48 hours of the receipt of the aforementioned notice Borough Council

26 13. Application for and Issue of Duplicate Yearly or Half-Yearly Resident Parking Permit (1) If a Yearly or Half-Yearly Resident Parking Permit is mutilated or accidentally defaced or the figures or particulars on it have become altered by fading or otherwise, the Resident Parking Permit Holder shall surrender it to the Council and may apply to the Council for the issue of a duplicate Resident Parking Permit and the Council upon the receipt of the Resident Parking Permit if such receipt is accompanied by an application for a duplicate Resident Parking Permit, and upon payment of the charge specified in Schedule 10 of this Order shall issue a duplicate Yearly or Half-Yearly Resident Parking Permit so marked from the date of the original issue and upon such issue the original Resident Parking Permit shall become invalid. (2) If a Yearly or Half-Yearly Resident Parking Permit is lost or destroyed, the Resident Parking Permit Holder may apply to the Council for the issue of a duplicate Resident Parking Permit and the Council, upon being satisfied as to such loss or destruction, and upon payment of the charge specified in Schedule 10 of this Order shall issue a duplicate Yearly or Half-Yearly Resident Parking Permit so marked from the date of the original issue and upon such issue the original Resident Parking Permit shall become invalid. (3) The provisions of this Order shall apply to a duplicate Resident Parking Permit and an application for a duplicate Resident Parking Permit as if it were a Resident Parking Permit or, as the case may be, an application therefore Borough Council

27 14. Application for the Issue of Duplicate Yearly or Half-Yearly Worker Parking Permit (1) If a Yearly or Half-Yearly Worker Parking Permit is mutilated or accidentally defaced or the figures or particulars on it have become illegible or the colour has become altered by fading or otherwise, the Worker Parking Permit Holder shall surrender it to the Council and may apply to the Council for the issue of a duplicate Worker Parking Permit and the Council, upon the receipt of the Worker Parking Permit if such receipt is accompanied by an application for a duplicate Worker Parking Permit, and upon payment of the charge specified in Schedule 10, shall issue a duplicate Yearly or Half-Yearly Worker Parking Permit so marked from the first day of the month in which it is re-issued and upon such issue the original Worker Parking Permit shall become invalid. (2) If a Yearly or Half-Yearly Worker Parking Permit is lost or destroyed, the Worker Parking Permit Holder may apply to the Council for the issue of a duplicate Worker Parking Permit and the Council, upon being satisfied as to such loss or destruction, shall upon being satisfied as to such loss or destruction, shall upon payment of the charge specified in Schedule 10, shall issue a duplicate Yearly or Half-Yearly Worker Parking Permit so marked from the first day of the month in which it is re-issued and upon such issue the original Worker Parking Permit shall become invalid. (3) The provisions of this Order shall apply to a duplicate Worker Parking Permit and an application for a duplicate Worker Parking Permit as if it were a Worker Parking Permit as the case may be Borough Council

28 15. Form of Resident Parking Permits A Resident Parking Permit shall be in writing and shall include the following particulars: (1) the registration mark of vehicle in respect of which the parking permit has been issued if the permit has been issued under Article 9 (1)(a) above but not otherwise; (2) the expiry date; (3) an authentication that the Resident Parking Permit has been issued by the Council and relates to the Zone for which it is issued and no other. 16. Form of Worker Parking Permits A Worker Parking Permit shall be in writing and shall include the following particulars: (1) a serial number to be shown thereon by which the person or company to whom that Worker Parking Permit was issued may be identified; (2) the expiry date; (3) an authentication that the Worker Parking Permit has been issued by the Council and relates to the Zone for which it is issued and no other; (4) the hours of the day between which and the days of the week upon which the Worker Parking Permit is valid; (5) the name of the company to whom the Worker Parking Permit has been issued. 17. Application for and issue of Yearly or Half-Yearly Visitors Parking Permit (1) Subject to Article 17 (2) below any resident being a resident of a road or a section of road included in Schedule 2 of this Order and not being a resident Borough Council

29 whose usual place of abode is the usual place of abode of a Resident Parking Permit Holder may apply to the Council for the issue of a Yearly or Half- Yearly Visitors Parking Permit and any such application shall if required by the Council be made on a form issued by and obtainable from the Council and shall include the information required by such form and shall be accompanied by a remittance for such charge specified in Schedule 10 of this Order as is appropriate in respect of the Visitors Parking Permit for which application is being made. (2) The resident of a property in a road or a section of road included in Schedule 2 of this Order shall not be automatically eligible to apply for a Visitor Parking Permit if the property was built after March 2009 save that the Council may at its absolute discretion allow for the issue of one permit where it is satisfied that there is sufficient parking capacity within the relevant parking zone to accommodate the additional vehicle(s). (3) Any resident 65 years of age or more and being a resident of a road or a section of road included in Schedule 2 of this Order and not being a resident whose usual place of abode is the usual place of abode of a Resident Parking Permit Holder may apply to the Council for the issue of one Visitor Parking Permit free of charge. (4) The Council may at any time require an applicant for a Visitors Parking Permit to produce to an Officer of the Council such evidence in respect of an application for a Visitors Parking Permit made to them as they may reasonably require to verify any particulars or information given to them or Borough Council

30 in respect of any Visitors Parking Permit issued by them as they may reasonably require to verify the validity of the Visitors Parking Permit. (5) Upon receipt of an application made under the foregoing provisions of this Article and of the appropriate charge specified in Schedule 10 of this Order the Council upon being satisfied that the applicant is a resident whose usual place of abode is not the usual place of abode of a Resident Parking Permit Holder shall issue to that applicant one Visitors Parking Permit of the description contained in paragraph (8) of this Article and any such Visitors Parking Permit so issued shall remain the property of the Council at all times. (6) Where a Visitors Parking Permit is issued to any person upon receipt of a cheque and the cheque is subsequently dishonoured the Visitors Parking Permit shall cease to be of any effect or shall cease to be capable of any effect as the case may be and the Council shall by notice in writing served on the person to whom such Visitors Parking Permit was issued by sending the same by the recorded delivery service to that person at the address shown by that person on the application for the Visitors Parking Permit or at any other address believed to be that persons place of abode, require that person to surrender the Visitors Parking Permit to the Council within 48 hours of the receipt of the aforementioned notice. (7) Each Visitors Parking Permit issued in accordance with paragraph (4) of this Article shall be for the leaving for a period of four hours during the regulated hours in a parking place of a vehicle which: (a) is within the following class that is to say: Borough Council

31 (i) a Passenger Vehicle that does not exceed 2.2 in height or 5.25 in length; or (ii) a Dual Purpose Vehicle that does not exceed 2.2 in height or 5.25 in length; or (iii) a Goods Vehicle not exceeding 3.5 tonnes gross laden weight that does not exceed 2.2 in height or 5.25 in length; or (iv) a Motor Cycle; and (b) immediately prior to being left in the parking place was used for conveying a bona fide visitor to the usual place of abode of the resident to whom the Visitors Parking Permit was issued. (8) A Visitors Parking Permit shall be in writing and shall make provision for:- (a) a serial number to be shown thereon by which the resident to whom that Visitors Parking Permit was issued may be identified; (b) (c) the expiry date; an authentication that it has been issued by the Council and relates to the Zone for which it is issued and no other. (9) A Visitors Parking Permit displayed on a vehicle in a parking place shall subject to paragraph (10) of this Article be valid only if the following conditions are met: (a) the vehicle on which the Visitors Parking Permit is displayed is within the class specified in paragraph (7) (a) of this Article; (b) immediately prior to being left in the parking place the vehicle on which the Visitors Parking Permit is displayed was used for conveying a Borough Council

32 bona fide visitor to the usual place of abode of the resident to whom the Visitors Parking Permit was issued by the Council; (c) the Visitors Parking Permit is displayed in accordance with the provisions of Article 21 of this Order; (d) the Visitor Parking Permit displayed on a vehicle in a parking place is issued for the particular zone in which it is parked and no other. (10) The Visitors Parking Permit displayed on a vehicle in a parking place shall cease to be valid in relation to that vehicle on any day after a period of four hours during the Regulated Hours throughout which period the vehicle remained in the same position within the parking place with the Visitors Parking Permit displayed. (11) A Visitors Parking Permit Holder may surrender a Visitors Parking Permit to the Council at any time and shall surrender a Visitors Parking Permit to the Council on the occurrence of any of the events set out in paragraph (13) of this Article and upon such surrender the Council shall not be obliged to make any refund in respect thereof. (12) The Council may by notice in writing served on the Visitors Parking Permit Holder by sending the same by the recorded delivery service to the Visitors Parking Permit Holder at the address shown by that person on the application for the Visitors Parking Permit or at any other address believed to be that person s place of abode, withdraw a Visitors Parking Permit if it appears to the Council that any of the events set out in paragraph (13) of this Article have occurred and the Visitors Parking Permit Holder shall Borough Council

33 surrender the Visitors Parking Permit to the Council within 48 hours of the receipt of such notice. (13) The events referred to in paragraph (11) of this Article are: (a) (b) the Visitors Parking Permit Holder ceasing to be a resident; the withdrawal of the Visitors Parking Permit by the Council under the provisions of paragraph (12) of this Article; (c) the issue of a duplicate Visitors Parking Permit by the Council under the provisions of paragraph (15) or (16) of this Article; (d) the Visitors Parking Permit ceasing to be valid pursuant to the provisions of paragraph (14) of this Article; (e) the Visitors Parking Permit Holder failing to satisfy the Council upon demand as to his continued eligibility to be a Visitors Parking Permit Holder. (14) Without prejudice to the foregoing provisions of this Article a Visitors Parking Permit shall cease to be valid at midnight on the expiry date specified thereon or on the occurrence of any one of the events set out in paragraph (13) of this Article, whichever is the earlier. (15) If a Visitors Parking Permit is mutilated or accidentally defaced or the figures or particulars on it have become illegible or the colour of the Visitors Parking Permit has become altered by fading or otherwise, the Visitors Parking Permit Holder shall surrender it to the Council for the issue of a duplicate Visitors Parking Permit and the Council upon the receipt of the Visitors Parking Permit if such receipt is accompanied by an application for a duplicate Visitors Parking Permit, and upon payment of the charge specified Borough Council

34 in Schedule 10 of this Order shall issue a duplicate Yearly or Half-Yearly Visitors Parking Permit so marked from the date of issue and upon such issue the original Visitors Parking Permit shall become invalid. (16) If a Visitors Parking Permit is lost or destroyed, the Visitors Parking Permit Holder may apply to the Council for the issue of a duplicate Visitors Parking Permit and the Council upon being satisfied as to such loss or destruction may at is discretion and upon payment of the charge specified in Schedule 10 of this Order shall issue a duplicate Yearly or Half-Yearly Visitors Parking Permit so marked from the date of issue and upon such issue the original Visitors Parking Permit shall become invalid. (17) The provisions of this Order shall apply to a duplicate Visitors Parking Permit and an application for a duplicate Visitors Parking Permit as if it were a Visitors Parking Permit or, as the case may be, an application therefor. (18) At the expiry of the period of four hours referred to in paragraph (10) of this Article a Visitors Parking Ticket may subject to and in accordance with the provisions of Article 21 be displayed on the vehicle. (19) Where it appears to the Council that there has been misuse (as defined in paragraph (20) of this Article) of a Visitors Parking Permit the Council may:- (a) by notice in writing served on the resident to whom the Visitors Parking Permit was issued by sending the same by the recorded delivery service to the resident at the address given by that person on the application for Visitors Parking Permit or at any other address believed to be that person s place of abode, or by leaving the said notice at any such address, revoke the Visitors Parking Permit AND in Borough Council

35 such case the Council shall provide a pro-rata refund (either on the service of the said notice or within a reasonable period of time thereafter) in respect of the unexpired period of time that the Visitors Parking Permit would have been valid had it not been so revoked. (b) notwithstanding the provisions of paragraph (4) of this Article refuse (whether for a specified period or indefinitely) to issue the resident with a new Visitor Parking Permit. (20) For the purposes of paragraph (19) of this Article misuse of a Visitors Parking Permit means (a) the use of a Visitor Parking Permit which is not in accordance with the provisions of paragraph (7) (b) of this Article (bona fide visitor to usual place of abode or resident). (b) the transfer by the resident of a Visitors Parking Permit to another party in return for money or some other form of payment. 18. Visitors Parking Tickets (1) Subject to Article 18 (2) below any resident being a resident of a road or a section of road included in Schedule 2 of this Order may apply to the Council for the issue at any one time of up to five books of ten Visitors Parking Tickets of any combination of tickets for stays of up to one hour, up to four hours and up to six hours and any such application shall if required by the Council be made on a form issued by and obtainable from the Council and shall include the information required by such form and shall be accompanied by a remittance for such charge specified in Schedule 10 of this Borough Council