THE BOROUGH OF
HAVANT
(WIDLEY: LILY AVENUE,
HILLSIDE AVENUE
AND GEOFFREY AVENUE)
(PROHIBITION OF WAITING)
ORDER
2008
The Council of the Borough of Havant hereby
gives notice that pursuant to arrangements made under Section 101
of the Local Government Act 1972 with the Council of the County of
Hampshire in exercise of the powers conferred on that County
Council under Sections 1 (1) 2 (1) and (2) and 4 (2) of the Road
Traffic Regulation Act 1984 (“the Act”) and Part IV of Schedule 9
to the Act and of all other enabling powers and after consultation
with the chief officer of police in accordance with Part III of
Schedule 9 to the Act hereby make the following Order:-
1. This Order shall
come into operation on the ******** day of ******** 2008 and may be
cited as “The Borough of Havant (Widley: Lily Avenue, Hillside
Avenue and Geoffrey Avenue) (Prohibition of Waiting) Order
2008”.
2. The parts of
Order specified in the First Schedule to this Order are hereby
revoked.
3.
(1) In this Order -
"disabled person's badge" or “blue badge” has the same meaning as
in The Disabled Persons (Badges for Motor Vehicles) (England)
Regulations 2000 SI 682;
"disabled person's vehicle" has the same meaning as in The Local
Authorities' Traffic Orders (Exemptions for Disabled Persons)
(England and Wales) Regulations 2000 as amended;
“delivering” and “collecting” in relation to any goods includes
checking the goods for the purpose of their delivery or
collection;
(2) For the purpose of
this Order a vehicle shall be regarded as displaying a
disabled person's badge or a parking disc in the relevant position
when and only when they are displayed in accordance with
Regulation 2A of The Local Authorities' Traffic Orders (Exemptions
for Disabled Persons) (England and Wales) Regulations 1986;
(3) Except where
otherwise stated any reference in this Order to a numbered Article
or Schedule is a reference to the Article or Schedule bearing that
number in this Order.
4. Save as provided
in Article 5 no person shall except upon the direction or with the
permission of a police constable in uniform cause or permit any
vehicle to wait in the lengths of roads specified in the Second
Schedule to this Order.
5.
(1) Subject to the
provisions in Article 6 nothing in Article 4 shall render it
unlawful to cause or permit any vehicle to wait in the lengths of
roads referred to therein for so long as may be necessary to
enable -
(a) a person to board or
alight from the vehicle;
(b) the vehicle if it
cannot conveniently be used for such purpose in any other road to
be used in connection with any of the following operations namely
-
(i)
building industrial or demolition operations;
(ii) the
removal of any obstruction to traffic;
(iii) the
maintenance improvement or reconstruction of the said lengths of
roads; or
(iv) the laying
erection alteration or repair in or in land adjacent to the said
lengths of roads of any sewer or of any main pipe or cable or other
apparatus for the provision of gas water electricity or
telecommunications by a utility organization attending their
apparatus in pursuance of their statutory powers or duties; or
(v) in
pursuance of a local authority’s highways management, works,
maintenance, waste collection or street cleansing.
(c) the vehicle if it is
a Universal Service Provider as defined in Section 4(3) of the
Postal Services Act 2000 used for the delivering or collecting of
postal packets;
(d) the vehicle to take
in petrol oil water or air from any garage situated on or adjacent
to the said lengths of roads;
(e) the vehicle to wait
at or near to any premises situated on or adjacent to the said
lengths of roads for so long as such waiting by that vehicle is
reasonably necessary in connection with any wedding or funeral;
or
(f) the vehicle if
it is being used by the emergency services in pursuance of their
statutory powers or duties; or
(g) the vehicle if it is
required by law to stop or obliged to stop so as to prevent an
accident or prevented from proceeding by circumstances beyond its
control.
(h) the vehicle to wait
for the purpose of enabling goods to be loaded on or unloaded from
the vehicle.
(2)
Nothing in Article 4 shall render it unlawful to cause or
permit a disabled person's vehicle which validly displays in the
relevant position a disabled person's badge in the circumstances
prescribed in Regulations 7, 8 or 9 and subject to the limitation
set out in Regulation 6(2) of the Local Authorities Traffic Orders
(Exemptions for Disabled Persons) (England) Regulations 2000 SI 683
to wait in the lengths of roads referred to therein.
6.
Those vehicles described in Article 5 (1) (a) to (h) are subject to
the provision that:-
(a) there is no reasonable alternative place to stop or
wait;
(b) they only stop and wait for so long as is necessary.
7. The prohibitions
and restrictions imposed by this Order shall be in addition to and
not in derogation from any restriction or requirement imposed by
any regulations made or having effect as if made under the Act or
by or under any other enactment.
FIRST
SCHEDULE
(Part of Order to be
Revoked)
|
ORDER
|
EXTENT OF REVOCATION
|
|
|
|
|
The Borough of Havant (Various Roads)
Prohibition and Restriction of Waiting (Consolidation) Order
2005
|
1)
Schedule 4 (No waiting
at
any time) Paragraph 4.272, 4.339 and 4.340
|
SECOND SCHEDULE
(Waiting prohibited at all
times)
|
Lengths of roads in Widley
|
|
|
|
|
|
Hillside Avenue
|
north-west side:-
from the boundary of 30
and 32 Hillside Avenue, north-eastwards to its junction with
Geoffrey Avenue
south-east and south-west sides:-
from a point opposite the boundary of 30
and 32 Hillside Avenue north-eastwards thence south-eastwards for a
total distance of 51 metres and;
north-east side:-
from the centre line of its junction with
Geoffrey Avenue, south-eastwards for a distance of 13 metres.
both sides :-
from its junction with London
Road, north-westwards for a distance of 36 metres.
|
|
Geoffrey Avenue
|
both sides:-
from its junction with Hillside Avenue,
north-eastwards for a distance of 12 metres.
|
|
Lily Avenue
|
north-east side:-
from its junction with London Road,
north-westwards for a distance of 52.5 metres and;
south-west side:-
from its junction with London Road,
north-westwards for a distance of 56.5 metres.
|
THE COMMON SEAL OF THE COUNCIL OF THE
BOROUGH OF HAVANT
was hereunto affixed
this xxxxxx day of xxxxxx 2008
In the presence of
Solicitor to the
Council
Plan
No: Hi12/269 (
PDF
,
538
kb
) >>
File Ref: AS/TRO/129