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OXFORDSHIRE COUNTY COUNCIL PART 1 GENERAL THE OXFORDSHIRE COUNTY COUNCIL (MINCHERY FARM) (OXFORD) (CONTROLLED PARKING ZONE) ORDER 2005 The Oxfordshire County Council ("The Council") in exercise of their powers under Sections 1(1), 2(1) and (2), 32(1), 35(1), 45(1) and (2) and 124(1)(c), (d) and (f) of the Road Traffic Regulation Act 1984 ("The Act") and having regard to Section 122 of The Act and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to The Act and of all other-enabling powers hereby make the following Order: - 1 . This Order shall come into operation on 21 February 2005 and may be cited as "The Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order 2005" . 2. This Order is made for the purpose of a general scheme of control of waiting and parking in a stated area, being the area stated in Schedule 1 to this Order. 3. In this Order, except where the context otherwise requires, the following expressions have the meanings assigned to them :- "Access Way" means a length of Road sufficient to enable a vehicle to have access to and egress from land or premises in or adjacent to the Road ; "Bus" means:- (a) a motor vehicle constructed or adapted to carry more than eight passengers (exclusive of the driver); (b) a local Bus not so constructed or adapted ; "Bus Stop Area" means any area which is comprised within and indicated by a Road marking complying with the appropriate diagram of the Traffic Signs Regulations and General Directions 2002 ; "Disabled Persons' Badge" has the same meaning as in the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 ; "disabled persons' parking place" means a length of road authorised to be used . a sa parking place for disabled persons' vehicles by Article 5 of The Oxfordshire County Council (Disabled Persons Parking Places Oxford) Order 2002 ; OXFOROSHIRt COUNTY GOUNCIII
Transcript
Page 1: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

OXFORDSHIRECOUNTY COUNCIL

PART 1

GENERAL

THE OXFORDSHIRE COUNTY COUNCIL (MINCHERY FARM)(OXFORD) (CONTROLLED PARKING ZONE) ORDER2005

The Oxfordshire County Council ("The Council") in exercise of their powers under Sections1(1), 2(1) and (2), 32(1), 35(1), 45(1) and (2) and 124(1)(c), (d) and (f) of the RoadTraffic Regulation Act 1984 ("The Act") and having regard to Section 122 of The Act andafter consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 toThe Act and of all other-enabling powers hereby make the following Order: -

1 .

This Order shall come into operation on 21 February 2005 and may be cited as "TheOxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone)Order2005".

2.

This Order is made for the purpose of a general scheme of control of waiting andparking in a stated area, being the area stated in Schedule 1 to this Order.

3.

In this Order, except where the context otherwise requires, the following expressionshave the meanings assigned to them :-"Access Way" means a length of Road sufficient to enable a vehicle to have access toand egress from land or premises in or adjacent to the Road;"Bus" means:-

(a)

a motor vehicle constructed or adapted to carry more than eight passengers(exclusive of the driver);

(b)

a local Bus not so constructed or adapted;"Bus Stop Area" means any area which is comprised within and indicated by a Roadmarking complying with the appropriate diagram of the Traffic Signs Regulations andGeneral Directions 2002;

"Disabled Persons' Badge" has the same meaning as in the Disabled Persons(Badges for Motor Vehicles) (England) Regulations 2000;"disabled persons' parking place" means a length of road authorised to be used . as aparking place for disabled persons' vehicles by Article 5 of The Oxfordshire CountyCouncil (Disabled Persons Parking Places Oxford) Order 2002;

OXFOROSHIRt COUNTY GOUNCIII

Page 2: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

"Disabled Persons' Vehicle" has the same meaning as in Section 142' of The Act;

"Parking Disc" has the same meaning as in Regulation 8 (5) of the Local Authorities'

Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000;

"Driver" in relation to a vehicle waiting in a parking place, means the person driving the

vehicle at the time it was left in the parking place;

"Dual Purpose Vehicle" has the same meaning as in the Section 3 of the Road

Vehicles (Construction and Use) Regulations 1986;

"Dwelling" means any house, flat or self-contained accommodation but does not

include any college, hotel, hostel or guest house;

"Event Times" means in relation to any length of Road specified in part B of

Schedule 3 the times -specified: by The. Councit-by way of notice at the Traffic Signs

indicating the boundary of the area stated in Schedule 1 ;

"Goods" includes cash or other valuable securities ; 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 motorvehicle with or without a trailer which is constructed or

adapted for use for the carriage of goods of any description and which exceeds

2.25 tonnes gross metric weight ;

"Hackney Carriage" has the meaning as in Section 13 (3) of the Transport Act 1985;

"Invalid Carriage" has the same meaning as in Section 136 of The Act;

"Light Goods Vehicle" means a motor vehicle with or without a trailer which is

constructed or adapted for use for the carriage of goods of any description and which

does not exceed 2.25 tonnes gross metric weight ;

"Local Service" has the same meaning as in Section 2 of the Transport Act 1985;

"Motorcycle" has the same meaning as in Section 136 of The Act;

"Operational Reasons" means :

(a)

to enable passengers to board- and alight ;

(b)

to enable crew changes to take place;

(c)

to maintain the Scheduled timetable;

-"Parking Attendant" means a person authorised by or on behalf of The Council under

Section 63A of The Act to supervise and enforce the restrictions imposed by this

Order;

"Passenger Vehicle" means a motor vehicle (other than a Motor Cycle or Invalid

Carriage) constructed solely for the carriage of passengers and their effects and

adapted to carry not more than twelve passengers exclusive of the driver, and not

drawing a trailer;

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"Penalty Charge" and "Reduced Penalty Charge" means a charge set by The Councilunder the provisions of Section 74 of the Road Traffic Act 1,991 in accordance withguidance given by the appropriate Secretary of Statewhich is to be paid in the mannerdescribed in the Penalty Charge Notice within twenty-eight days of the date of thenotice or fourteen days of the date of the notice in the case of a Reduced PenaltyCharge;"Penalty Charge Notice" means a notice issued by a Parking Attendant pursuant to theprovisions of Section 66 of the Road Traffic Act 1991 ;"Postal Packets" has the same meaning as in Section 125 of the Postal Services Act2000;

"Public Service Vehicle" has- the. . same- meaning as in Section 1

of the PublicPassenger Vehicles Act 1981 ; might need for extra Art 6 exemptions"Public Telecommunications Operator" has the same meaning as in Section 9 of theTelecommunication Act 1984;"Registered Keeper" means:-(a)

the person whose name appears in the vehicle registration document or book ofthe vehicle and in whose name the vehicle is registered, or

(b)

a person who has the permanent use of a vehicle registered in the name of hisemployer;

"Relevant Position" means a position where a disabled person's badge, resident'sparking permit or Visitor's Parking Permit is readily visible from the front or nearside ofthe vehicle;"Resident" means a person whose usual place of abode is at premises the postaladdress of which is within the list of addresses in Part A of Schedule 3 to this Order;"Residents' Permit Holders' Parking Place" means a length of Road authorised to beused as a residents' parking place by Part III of this Order;"Residents' Permit Holders' Parking Space" means .a space in a Residents' PermitHolders Parking Place which is provided for the leaving of a vehicle of the classesspecified in Article 7;

"Residents' Parking Permit" means a permit issued under the provisions of Article 11 ;"Residents' Parking Permit Holder" means a person to whom a permit has beenissued under the provisions of Article 11 ;"Restricted Hours" means in relation to any Restricted Road or length of a RestrictedRoad specified in Schedule 2, the whole twenty-four hours of every day;"Restricted Road" means any Road or length of Road specified in Schedule 2provided that the expression "Restricted Road" shall not for the purposes of the

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provisions of Article 5 (2) include any length of Road authorised to be used as a

Residents' Permit Holders' Parking Place or Visitors' Permit Holders' Parking Place

during the Event Times;

"Road" for the purposes of this Order means the whole width of the Road including

footways and verges between defined boundaries ;"Statutory Undertaker" has the same meaning as in Section 329 of the Highways Act1980;"Traffic Sign" means a sign or marking of any size, colour and type prescribed or

authorised under, or having effect as though prescribed or authorised under,

Section 64 of The Act;

"Universal Service Provider' has the same meaning as in Section 4 of the Postal

Services Act 2000; f

"Visitor's Parking Permit" means a permit or block of permits issued to a Resident for

use by a resident's visitor in a Visitors' Permit Holders' Parking Place;

"Visitor's Parking Permit Holder" means a person to whom a Visitor's Parking Permit

has been issued in accordance with the provisions of Article 22 ;

"Visitor's Permit Holders' Parking Place" means a length of Road authorised to be

used as :a visitor's parking place by Part IV of this Order;

"Year" for the purpose of the issue of Visitor's Parking Permits means the 12 month

period of validity of Visitor's Parking Permits issued in accordance with Article 22 .

(1)

Any reference in this Order to any enactment shall be construed as a reference

to that enactment as amended by any subsequent enactment.

(2)

Any reference in this Order to a numbered Article or Schedule shall, unless the

context otherwise requires ; be construed as a reference to a numbered Article orSchedule bearing that number in this Order.

(3)

Words importing the masculine gender shall also include the feminine gender

and words in the singular include the plural and vice versa.

(4)

The restrictions imposedby

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 anyother enactment.

PART II

WAITING OF VEHICLES

5.

(1)

Subject to the provisions of Article 6 (1) and Article 7, 17, 22 and 25, no person

shall, except upon the direction or with the permission of a Parking Attendant or

a police officer in uniform, cause or permit any vehicle to wait in any Resident's

Page 5: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

Permit Holders' Parking Place specified in Column 2 of Part B of Schedule 3during the Event Times.

(2)

Subject to the provisions of part (3) of this Article and Article 6 (1), (2) and (3) noperson shall, except upon the direction or with the permission of a ParkingAttendant or a police officer in uniform, cause or permit any vehicle to wait in anyRestricted Road during the Restricted Hours specified in Schedule 2.

(3)

Subject to the provisions of part (4) of this Article, nothing in part (2) of thisArticle shall render it unlawful to cause or permit any vehicle to wait in anyRestricted Road during the Event Times as is specified and authorised to beused as a Resident's Permit Holders' Parking Place in part (1) of this Article .

(4)

During the Event Times- the . Restricted--Roads referred to in part (3) . . of thisArticle, shall be regarded as a Resident's Permit Holders' Parking Place to whichthe provisions of part (1) of this Article and Part III and IV of this Order shallapply.

6.

(1)

Nothing in Article 5 (1) and (2) shall render it unlawful to cause or permit anyvehicle to wait during the Event Times or Restricted Hours, whichever shall beappropriate, in any Residents' Permit Holders' Parking Place or Restricted Road,(whichever shall be appropriate) referred to therein, for so long as may benecessary if:-(a)

the vehicle is waiting for the purpose of loading or unloading Goods fromthe vehicle;

(b)

the vehicle being a Bus is being used in the provision of a Local Serviceand is waiting at a bus stop in order to set down or pick up passengers;

(c)

the vehicle is waiting for so long as may be necessary to enable a personto board or alight from the vehicle ;

(d)

the vehicle is waiting when the person in control of the vehicle is requiredby law to stop or is obliged to stop in order to avoid an accident or is -prevented from proceeding by circumstances outside his control;

(e)

the vehicle is being used for fire, police or ambulance purposes in thecase of an emergency;

(f)

the vehicle if it cannot be reasonably used for such purposes in any otherRoad or part of the Road, to be used in connection with any of thefollowing:-(i)

the vehicle is in the service of or employed by a Universal ServiceProvider while in use for the purpose of loading, unloading,

Page 6: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

delivering or Collecting Postal Packets at premises or posting boxesadjacent to that Residents' Permit Holders' Parking Place;

(ii) the vehicle is in the service of or employed by a PublicTelecommunications Operator and is being used in connection withthe servicing of telephone kiosks or telecommunications apparatus ;

(iii)

the vehicle is in the service of a local authority, water undertaking orStatutory Undertaker in pursuance of statutory powers or duties ;

(iv)

the vehicle is waiting while at any gate or barrier at the entrance topremises to which the vehicle requires access or from which it hasemerged is being opened or closed ;

Provided in each case . that the person in : control .of the vehicle shall move it on theinstruction of a police officer in uniform wherever such moving shall be necessary forthe purpose of preventing obstruction .(2)

Nothing in Article 5 (2) shall render it unlawful to cause or permit any vehicle towait during the Restricted Hours in any Restricted Road referred to therein, forso long as may be necessary if:-(a)

the vehicle is a Hackney Carriage waiting upon a duly authorised HackneyCarriage stand;

(b)

the vehicle if it cannot be reasonably used for such purposes in any otherRoad or part of the Road, to be used in connection with any of thefollowing:-0)(ii)

(iv)

(vi)

in connection with any wedding or funeral;in connection with any building, industrial or excavation operations ;the removal of any obstruction to trafficthe maintenance, improvement or reconstruction of the RestrictedRoad;the laying, erection, alteration, removal, repair or servicing in oradjacent to any Restricted Road, of any sewer or of any main, pipeor apparatus for the supply of gas, water or electricity, or anytelecommunications apparatus;for Operational Reasons in the course of providing a Local Serviceunder an agreement with The Council or training drivers to allowsuch a service to be provided .

in Article 5 (2) shall render it unlawful to cause or permit any vehicleDisabled Person's Vehicle to wait during the Restricted Hours in any

Nothingbeing aRestricted Road referred to therein, for a period not exceeding 3 hours (not

Page 7: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

being a period separated by an interval of less than one hour from a previousperiod of waiting by the same vehicle in the same length of road in the sameday), except where there is a loading ban in operation or where a bus lane hasbeen provided; provided that the vehicle displays in the Relevant Position aDisabled Person's Parking Disc on which the driver or other person in charge ofthe vehicle marks the time at which a period of waiting begun.

PART III

RESIDENTS' PARKING PERMIT SCHEME

7.

Each of the lengths of Road specified in column 2 .of Part B of Schedule 3 other than

those part lengths that are disabled persons' parking places is authorised to beused, subject to the following provisions of this Part of this Order, during Event Timesas a Residents' Permit Holders' Parking Place for such vehicles as are PassengerVehicles, Dual Purpose Vehicles or Light Goods Vehicles and which display in themanner specified in Article 15 a valid Residents' Parking Permit issued by or on behalfof The Council in respect of that vehicle and which park in position in single line withthe whole nearside or offside of the vehicle (subject during hours of darkness to theprovisions of the law on vehicle lighting), adjacent to the kerb in those Residents'Permit Holders' Parking Places so indicated in column 2 of Part B of Schedule 3 andwholly within the limits so marked, provided that no such vehicle may by virtue of thisArticle park in any part of a Residents' Permit Holders' Parking Place which is anAccess Way.

8.

The requirement in Article 7 to display a Residents' Parking Permit and to park inposition in single line with the whole nearside or offside of the vehicle adjacent to thekerb when parked in a Residents' Permit Holders' Parking Place shall not apply toMotorcycles.

_

9.

The Council shall indicate the presence in a length of Road of a Residents' PermitHolders' Parking Place and the limits of any Access Way in a permit holders' parkingplace by placing and maintaining in the vicinity the appropriate Traffic Signs, and shallcarry out such work as is reasonably required for the purpose of the satisfactoryoperation of a Residents' Permit Holders' Parking Place.

10.

(1)

There shall be no restriction on the number of Residents' Parking Permits TheCouncil shall issue for each Dwelling, to remain valid at any one time .

(2)

No Residents' Parking Permit shall be valid for a period in excess of twelvemonths.

Page 8: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

11 .

(1)

Any Resident who is shown by the Driver Vehicle Licensing Agency as the

Registered Keeper of a vehicle of a class specified in Article 7 may apply to The

Council for the issue of a Residents' Parking Permit for the leaving of that

vehicle in a Residents' Permit Holders' Parking Place and any such application

shall be made on a form issued by and obtainable from The Council and shall

include the particulars and information required by such form to be supplied .

(2)

On receipt of an application for a Residents' Parking Permit made under this

Article, The Council; upon being satisfied:-

(a)

that the applicant is a Resident;

(b)

that the applicant is the Registered Keeper of the vehicle of a class

specified in Article 7 ;

shall issue to the applicant thereof one Residents' Parking Permit for the leaving

by the Registered Keeper during the Event Times of the vehicle to which such

permit relates in a Residents' Permit Holders' Parking Space in any Residents'

Permit Holders' Parking Place specified in Part B of Schedule 3, provided that,

subject to the provisions of Article 13, The Council shall not issue a Residents'

Parking Permit to any Resident which would be valid for any period during which

any other Residents' Parking Permit issued to that Resident is or would be valid

for the same vehicle.

(3)

The Council may at any time require an applicant for a Residents' Parking

Permit or a Residents' Parking Permit Holder to produce to an officer of The

Council such evidence in respect of an application for a Residents' Parking

Permit made to it as it may reasonably require to verify any particulars or

information given to it or in respect of any Residents' Parking Permit issued by it

as it may reasonably require to verify that the Residents' Parking Permit is valid.

12 .

(1)

AResidents' Parking Permit Holder may surrender a Residents' Parking Permit

to The Council at any time and shall surrendera Residents' Parking Permit to _

The Council on the occurrence of any one of the events set out in part (4) of this

Article:

(2)

The Council may, by notice in writing by first class post to the Residents' Parking

Permit Holder at the address shown by that person on the application for the

Residents' Parking Permit or at any other address believed to be that person's

place of abode, withdraw a Residents' Parking Permit if it appears to The

Council that any one of the events set out in part (4) of this Article has occurred

and the Residents' Parking Permit Holder shall surrender the Residents' Parking

Page 9: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

Permit to The Council within 48 hours of the receipt of the aforementioned

notice .

(3)

AResidents' Parking Permit which is subject to the provisions of part (2) of thisArticle shall cease to be valid at the end of two working days following dispatchby The Council of the notice in writing referred to in part (2) of this Article.

(4)

Theevents referred to in the foregoing provisions of this Article are:-(a)

the Residents' Parking Permit Holder ceasing to be a Resident,(b)

the Residents' Parking Permit Holder ceasing to be the Registered Keeper

of the vehicle in respect of which the Residents' Parking Permit wasissued ;

(c)

the vehicle in respect of which -such-Residents' Parking Permit was issuedbeing adapted or used in such a manner that it is not a vehicle of a class

specified in Article 7;(d)

the issue of a duplicate Residents' Parking Permit by The Council underthe provisions of Article 13 ;

(e) the Residents' Parking Permit ceasing to be valid pursuant to theprovisions of part (5) of this Article.

(5)

Without prejudice to the foregoing provisions of this Article a Residents' ParkingPermit shall cease to be valid at the expiration of the period specified thereon oron the occurrence of any one of the events set out in sub-paragraphs (a), (b), (c)or (d) of part (4) of this Article, whichever is the earlier.

13.

(1)

If a Residents' Parking Permit is mutilated or accidentally defaced or the figuresor particulars thereon have become illegible or the colour of the Residents'Parking Permit has become altered by fading or otherwise, the Residents'Parking Permit Holder shall either surrender it to The Council or apply to TheCouncil for the issue to him of a duplicate Residents' Parking Permit and TheCouncil, upon the receipt of the Residents' Parking Permit, shall issue aduplicate Residents' Parking Permit so marked and upon such issue the

Residents' Parking Permit so replaced shall become invalid.(2)

If a Residents' Parking Permit is lost or destroyed, the Residents' Parking PermitHolder may apply to The Council for the issue to him of a duplicate Residents'Parking Permit and The Council, upon being satisfied as to such loss ordestruction, shall issue a duplicate Residents' Parking Permit so marked andupon such issue the Residents' Parking Permit so replaced shall become invalid.

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(3)

The provisions of this 'Part of this Order shall apply to a duplicate Residents'

Parking Permit or an application thereof as if it were a Residents' Parking Permit

or as the case may be an application thereof.

14 . A Residents' Parking Permit shall be in writing and shall include the following

particulars:-

(1)

the registration mark of the vehicle in respect of which the Residents' Parking

Permit has been issued ;(2)

the period during which, subject to the provisions of Article 12 (5), the Residents'

Parking Permit shall remain valid ;(3) an indication that the Residents' Parking Permit has been issued by The

Council .

15 .

At all times during which a vehicle is left in a Residents' Permit Holders' Parking Place

during the Event Times a valid Residents' Parking Permit issued in respect of that

vehicle shall be displayed in the Relevant Position so that all the particulars referred to

in Article 14 are readily visible from the front or nearside of the vehicle.

16 .

Where a Residents' Parking Permit has been displayed on a vehicle in accordance

with the provisions of Article 15, no person, not being the Driver of the vehicle, shall

remove the Residents' Parking Permit from the vehicle unless authorised to do so by

the Driver of the vehicle .

17 .

Notwithstanding the provisions of Article 5 (1), the following vehicles may be left

during the Event Times in a Residents' Permit Holders' Parking Space:-(1)

an Invalid Carriage;

(2)

a vehicle issued to a disabled person by the Department of Social Security in

lieu of an Invalid Carriage;

(3)

a vehicle left by the Driver thereof, being a Disabled Person's Vehicle which

bears in the Relevant Position a Disabled Persons' Badge;

(4)

a Motorcycle ;

(5)

a vehicle of a class specified in Article 7 and displaying a valid Visitors' Parking

Permit issued under the provisions of Part IV of this Order.

18 .

The Driver of a vehicle using a Residents' Permit Holders' Parking Place, shall stop the

engine as soon as the vehicle is in position in the Residents' Permit Holders' Parking

Place, and shall not start the engine except when about to change the position of the

vehicle in onto depart from the Residents' Permit Holders' Parking Place.

19 .

(1)

Where a Parking Attendant or a police officer in uniform is of the opinion that

any of the provisions contained in this Part of this Order have been contravened

or not complied with in respect of a vehicle left in a Residents' Permit Holders'

Page 11: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

Parking Place he may remove or cause to be removed the vehicle from theResidents' Permit Holders' Parking Place and, where it is so removed, he shallmake such arrangements as may be reasonably necessary for the safe custodyof the vehicle.

Provided that when a vehicle is waiting in a Residents' Permit Holders' ParkingPlace in a position contravening the provisions of this Part of this Order aParking Attendant or a police officer in uniform may alter or cause to be alteredthe position of the vehicle in order that its position shall comply with theprovisions .

(2)

A police officer in uniform may, in case of emergency, move or cause to bemoved to any place he thinks fit, -any vehicle left in a Residents' Permit Holders'Parking Place.

(3)

Any person authorised to remove a vehicle or alter its position by virtue of part(1) and (2) of this Article may do so by towing or driving the vehicle or in suchother manner as he may think necessary and may take such measures inrelation to the vehicle as he may think necessary to enable him to remove it oralter its position as the case may be.

20 .

(1)

A Parking Attendant, police officer in uniform or person authorised by TheCouncil may suspend the use of a Residents' Permit Holders' Parking Place orany part thereof whenever he considers such suspension reasonablynecessary:-

(a)

for the purpose of facilitating the movement of traffic or promoting itssafety;

(b)

for the purpose of any building operation, demolition or excavation in oradjacent to

the

Residents'

Permit

Holders' Parking

Place ' or

themaintenance, improvement or reconstruction of the Residents' PermitHolders' Parking Place or the laying, erection, alteration, removal,servicing or repair in or adjacent to the Residents' Permit Holders' ParkingPlace of any sewer or of any main, pipe or apparatus for the supply of gas,water or electricity or of any telegraphic line or Traffic Sign ;

(c)

for the convenience of occupiers of premises adjacent to the Residents'Permit Holders' Parking Place on any occasion of the removal of furnitureor household effects to or from a shop, office, or Dwelling ;

(d)

on any occasion on which it is likely by reason of some special attractionthat any Road will be thronged or obstructed, or

Page 12: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

(e)

for the convenience of occupiers of premises adjacent to the Residents'Permit Holders' Parking Place at times of weddings or funerals, or onother special occasions .

(2)

A police officer in uniform may suspend for not longer than seven days the useof a Residents' Permit Holders' Parking Place or any part thereof whenever heconsiders such suspension reasonably necessary for the purpose of facilitatingthe movement of traffic or promoting its safety .

(3)

Anyperson suspending the use of a Residents' Permit Holders' Parking Place orany part thereof in accordance with the provisions of parts (1) or (2) of thisArticle shall thereupon place or cause to be placed in or adjacent to thatResidents' Permit Holders' Parking Place..or. the part thereof the use of which issuspended aATraffic Sign indicating that waiting by vehicles is prohibited .

(4)

No person shall cause or permit a vehicle to be left in any Residents' PermitHolders' Parking Place or: part of a Residents' Permit Holders' Parking Placeduring any period when there is in or adjacent to that Residents' Permit Holders'Parking Place or part thereof a Traffic Sign placed in pursuance of part (3) ofthis Article .

(5)

Subject to the overriding requirement that the person in control of the vehicleshall move it on the instruction of a police officer in uniform whenever suchmoving shall be necessary for the purpose of preventing obstruction, nothing inthe foregoing parts of this Article shall render it unlawful to cause or permit anyvehicle being used for any purpose or eventuality specified in Article 6(1)(c), (d)and (f)(i) and (iv), to be left in the Residents' Permit Holders' Parking Place orpart thereof during any such period when the use thereof has been suspended,or to any other vehicle so left if that vehicle is left with the permission of:-(a)

the person suspending the use of the Residents' Permit Holders' ParkingPlace or the part thereof in pursuance of part (1) of this Article,

(b)

a police officer in uniform, or(c)

a Parking Attendant.21 .

No person shall use any vehicle while it is in a Residents' Permit Holders' ParkingPlace, in connection with the sale of any article to any person in or near the Residents'Permit Holders' Parking Place or in connection with the selling or offering for hire ofhis skill or services, provided that nothing in this Article shall prevent the sale of Goodsfrom a vehicle if the vehicle is of a class specified in Article 7, or a Goods Vehicle, andif the Goods are immediately delivered at or taken into premises adjacent to thevehicle from which the sale is effected.

Page 13: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

PART IVAUTHORISATION AND USE OF RESIDENTS' VISITOR'S PARKING PERMITS

22.

(1)

AnyResident aged 17 years or over may apply to The Council for the issue of aVisitor's Parking Permit for the leaving during the Event Times in the Residents'Permit Holders' Parking Places specified in column 2 of Part B of Schedule 3 ofa vehicle of a class specified in Article 7 belonging to or on hire or lease to aperson visiting that Resident .

(2)

Such application shall be made on a form issued by and obtainable from TheCouncil and shall_ include the particulars and. information required by the form tobe supplied . ''

(3)

An authorised officer of The Council may at any time require an applicant for aVisitor's Parking Permit, or require the person to whom a blank block of Visitor'sParking Permits has been issued, to produce such evidence in respect of anapplication for a Visitor's Parking Permit as may be reasonably required to verifythe particulars or information given to The Council or, in respect of any block ofVisitor's Parking Permits issued by or on behalf of The Council, as mayreasonably be required to verify their validity .

(4)

On receipt of an application duly made under part (2) of this Article The Council,upon being satisfied that the applicant is a Resident shall issue to the applicantone or more blocks of blank Visitor's Parking Permits as appropriate in theparticular circumstances.

(5)

Subject to the provisions of part (6) of this Article no Resident shall be entitled tomore than the equivalent of fifty days' worth of Visitor's Parking Permits in anyYear.

(6)

The Director of Environmental Services for the time being of The Council, or hissuccessor in title may, in his absolute discretion where it appears justified onmedical grounds, issue to a Resident more than the equivalent of fifty daysworth of Visitor's Parking Permits in a Year where he is satisfied, uponconsideration of such supporting evidence as he may require, that to do sowould be appropriate in the circumstances.

(7)

Where a Resident has moved into a road stated in Part A of Schedule 3 at sucha time that there is :-(a)

4to 6 months, or(b)

3 months or .less,

Page 14: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

before the end of the period of validity of the Visitor's Parking Permits currentlybeing issued in respect of that Year, then, subject to the provisions of part (6) ofthis Article that Resident shall only be entitled respectively to the equivalent of amaximum of:-(a)

30 days worth of Visitor's Parking Permits, or(b)

20 days worth of Visitor's Parking Permits.23.

(1)

AVisitor's Parking Permit shall be valid for the full 24 hours of a particular day if,and only if, in the first available section on the face of the permit there is written

. in ink by the Resident,- or by a person authorised in that behalf by the Resident,the registration mark of the vehicle in respect of which it is displayed, the day ofthe week and date on which it is . valid .and no other writing or marks appear inthat section .

(2)

When one block of blank Visitor's Parking Permits has been fully used up nofurther Visitor's Parking Permits shall be issued until the appropriate applicationform has been completed and, together with the used block of Visitor's ParkingPermits, has been submitted to The Council for determination .

(3)

If it appears to The Council that any of the provisions contained in this Part ofthis Order are being abused or not being complied with in respect of the use ofVisitor's Parking Permits, The Council may, in its absolute discretion, by noticein writing by first class post to the Visitor's Parking Permit Holder at the addressshown by that person on the application for the Visitor's Parking Permit or at anyother address believed to be that person's place of abode, withdraw the Visitor'sParking Permit and the Visitor's Parking Permit Holder shall surrender theVisitor's Parking Permit to The Council within 48 hours of the receipt of theaforementioned notice .

(4)

A Visitors' Parking Permit which is subject to the provisions of part (3) of thisArticle shall cease to be valid -at the end of two working days following the day ofdispatch by The Council of the notice in writing referred to in that part of thisArticle .

24.

The provisions of Articles 7, (as to positions of parking), 12 (1), (2), (3) and (4) (withthe exception of part (b), 13, 15 and 21 shall apply to this Part of this Order as if theywere expressly repeated in this Part and as though the word "visitor's" wassubstituted respectively for "residents' " wherever the latter word occurs.

25 . No Visitor's Parking Permit shall be required to be displayed in respect of anyMotorcycle belonging to a person visiting a Resident .

Page 15: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

PART IVCONTRAVENTIONS OF THE ORDER

26 .

(1)

If a vehicle is left at any time in contravention of a provision of this Order aPenalty Charge shall be payable .

(2)

In the case of a vehicle in respect of which a Penalty Charge is payable aPenalty Charge Notice showing the information required by Section 66 of theRoad Traffic Act 1991 may then be issued by a Parking Attendant in accordancewith the requirements of Section 66 of that Act.

Page 16: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

An area including the following lengths of Road and the premises fronting those lengths ofRoad: -

Alice Smith Square

Carpenter Close

Faber Close

Giles Close

Giles Road

Grange Road

Lakefield Road

Minchery Road

Northfield Close

Priory Road`

Redmoor Close

St Mary's Close

St Nicholas Road

Upton Close

Vicarage Close

SCHEDULE 1

THE STATED AREA(Article 2 of the Order)

Page 17: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

SCHEDULE 2

RESTRICTED ROADS IN THE CITY OF OXFORD(No waiting at any time - Article 5 (2) of the Order)

Road Name

Length of Road

1

Carpenter Close

(a)

Both

sides;

From

the

south

west

kerbline

ofSt Nicholas Road to a point 10 metres south west ofthat kerbline .

Grange Road

(a)

Both

sides;

From

the

south

west

kerbline

of-St Nicholas Road to a point 15 metres south west ofthat kerbline .

3

Grange Road

(a)

South east side ; From a point 10 metres north east ofthe north east kerbline of Grange Road to the propertyboundary of no . 21 Grange Road and Lawn UptonMiddle School .

4

Lakefield Road .

(a)

Both

sides;

From

the

south

west

kerbline

ofMinchery Road to a point 15 metres south west of thatkerbline .

Minchery Road

(a)

Both

sides ;

From

the

south

west

kerbline

ofGrange Road to a point 10 metres south west of thatkerbline.

(b)

Both sides; From a point 10 metres north west of thenorth west kerbline of Lakefield Road to a point10 metres southeast of the south east kerbline ofLakefield Road .

(c)

Both sides; From a point 10 metres south east of thesouth east kerbline of St Nicholas Road -to a point10 metres north west of the north west kerbline ofSt Nicholas Road.

6

Minchery Road

(a)

North east sides; From the south east kerbline of thatpart - of Minchery Road between No.5 and No.7 -Minchery Road to the common boundary of Nos 7 and9 Minchery Road .

Minchery Road

(a)

South east side ; From the north east kerbline of that(that part between

part of Minchery Road which lies north west and southNo. 5 and No. 7

east in orientation to a point 4 metres north east of thatMinchery Road)

kerbline .Priory Road (a)

Both sides ; From the north east kerbline of St NicholasRoad to a point 18 metres north east of that kerbline .

St Nicholas Road

(a)

Both

sides;

From

the

north

west

kerbline

ofMinchery Road to a point 20. metres north west of thatkerbline .

Page 18: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

Length of Road

East side; From a point 15 metres north of the northkerbline of Priory Road to a point 10 metres south ofthe south kerbline of Priory Road.West side ; from a point 16 metres south of the southkerbline of Carpenter Close to a point 28 metres northof the north kerbline of Carpenter Close.

Schedule 1

West side ; From a point 10 metres south of the southkerbline of Grange Road to a point 10 metres north ofthe north kerbline of Grange Road.

Together with any Access Way and any Bus Stop Area in the lengths of Road specified in

Road Name

10 ` St Nicholas Road (a)

11 St Nicholas Road (a)

(b)

Page 19: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

SCHEDULE 3 (PART III OF THE ORDER)

PART A

RESIDENTS' PERMIT HOLDERS' PARKING PLACES

Postal addresses from which residents are eligible to apply for permits:-

1 Alice Smith Square The entire road

2 Carpenter Close The entire road

3 Faber Close x The entire road

4 Giles Close The entire road

5 Giles Road The entire road other than the clinic

6 Grange Road The entire road

Lakefield Road The entire road

Minchery Road The entire road

9 Northfield Close The entire road

10 Priory Road The entire road

11, Redmoor Close The entire road

12 St Mary's Close The entire road

13 St Nicholas Road The entire road other than Mabel Prichard School

14 Upton Close The entire road

15 Vicarage Close The entire road

Page 20: OXFORDSHIRE COUNTYCOUNCIL - Traffic Penalty Tribunal · Oxfordshire County Council (Minchery Farm) (Oxford) (Controlled Parking Zone) Order2005". 2. This Order is made for the purpose

PART B

Residents' Permit Holders' Parkina Places - During Event Times

Lengths of road in the City of Oxford:-

Column 1

Column 2

Number of

Description of Parking Place (including those Roads to be authorised asParking Place

Residents' Permit Holder's Parking Places specified as Restricted Roads inSchedule 2 during the Event Times.

1 .

Alice Smith Square; both sides for'its entire length .2.

Carpenter Close; both sides for its entire length .

3.

Faber Close; both sides for its entire length .

4.

Giles Close; both sides for its entire length.

5.

Giles Road; both sides for its entire length .

6.

Grange Road; both sides for its entire length .7.

Lakefield Road; both sides for its entire length .

8.

Minchery Road; both sides for its entire length .9.

Northfield Close; both sides for its entire length .

10 .

Priory Road; both sides for its entire length .

11 .

Redmoor Close; both sides for its entire length .

12.

St Mary's Close; both sides for its entire length .13.

St Nicholas Road; both sides for its entire length.14.

Upton Close; both sides for its entire : length :

15.

Vicarage Close; both sides for its entire length.

THE COMMON SEAL of OXFORDSHIRECOUNTY COUNCIL was hereunto affixedthis 14 day of February 2005 in thepresence of:-

r

Solicitor to the Council/Designated Officer


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