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Statutory Instrument

The Road Traffic (Special Parking Area) (London Borough of Havering) Order 1994

Citation
S.I. 1994/1494
As at
Sections
73
Section 1Citation and commencement

This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Havering) Order 1994 and shall come into force on 4th July 1994.

Section 2Interpretation

In this Order—

“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;

“the 1991 Act ” means the Road Traffic Act 1991;

a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and

where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.

Section 3Designation of special parking area

(1) The Secretary of State hereby designates the London borough of Havering except the roads named or described in the Schedule to this Order as a special parking area.

(2) A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.

Section 4Modification of the Road Traffic Regulation Act 1984

(1) Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Havering as if—

(a) at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and

(b) after subsection (1) there were inserted the following subsection:—

(1A) In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Havering) Order 1994.

(2) Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted—

(i) a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or

(ii) a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,

as they may require.

Section 5Modification of the Road Traffic Act 1991

(1) Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.

(2) Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection:—

(4) The grounds are—

(a) that there were no reasonable grounds for the parking attendant concerned to believe that either—

(i) the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or

(ii) the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;

(b) that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

(c) that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;

(d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or

(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.

(3) Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Havering as if, after the words “section 69”, there were inserted the words “or section 77(4)”.

(4) Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.

(5) Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if—

(a) in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and

(b) in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.

Section 1

A12 between the borough boundary with the London borough of Barking and Dagenham and the boundary with the county of Essex.

Section 2

A13 between the borough boundary with the London borough of Barking and Dagenham and the boundary with the county of Essex.

Section 3

A127 between its junctions with the A12 and A118 at Gallows Corner and the boundary with the county of Essex.

Section 4Roads adjacent to A12

Avenue Road between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 5Roads adjacent to A12

Bampton Road between its junction with Colchester Road (A12) and a point 45m north of the northern kerbline of Colchester Road.

Section 6Roads adjacent to A12

Bryant Avenue between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 7Roads adjacent to A12

Court Avenue between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 8Roads adjacent to A12

David Drive between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 9Roads adjacent to A12

Fairoak Gardens—

(a) (east arm) between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue;

(b) (west arm) between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 10Roads adjacent to A12

Geoffrey Avenue between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 11Roads adjacent to A12

Gooshays Drive between its junction with Colchester Road (A12) and a point 45m north of the northern kerbline of Colchester Road.

Section 12Roads adjacent to A12

Gubbins Lane between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 13Roads adjacent to A12

Hainault Road—

(a) (south arm) between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue;

(b) (north arm) between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 14Roads adjacent to A12

Harold Court Road between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 15Roads adjacent to A12

Havering Road between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 16Roads adjacent to A12

Heath Drive between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 17Roads adjacent to A12

Heather Avenue between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 18Roads adjacent to A12

Kenilworth Avenue between its junction with Colchester Road (A12) and a point 45m north of the northern kerbline of Colchester Road.

Section 19Roads adjacent to A12

King Georges Close between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 20Roads adjacent to A12

Main Road between its junction with Gallows Corner and a point 45m south west of the southern kerbline of Gallows Corner.

Section 21Roads adjacent to A12

Masefield Crescent between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 22Roads adjacent to A12

Mawney Road—

(a) (south arm) between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue;

(b) (north arm) between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 23Roads adjacent to A12

Maylands Way—

(a) (east side) between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road;

(b) (west side) between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 24Roads adjacent to A12

North Street between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 25Roads adjacent to A12

Park Boulevard between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 26Roads adjacent to A12

Petersfield Avenue between its junction with Colchester Road (A12) and a point 45m north of the northern kerbline of Colchester Road.

Section 27Roads adjacent to A12

Pettits Lane between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 28Roads adjacent to A12

Pettits Lane North between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 29Roads adjacent to A12

Rise Park Boulevard—

(a) (east arm) between its junction with Eastern Avenue (A12) and a point 45m north of the nouthern kerbline of Eastern Avenue;

(b) (west arm) between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 30Roads adjacent to A12

Straight Road between its junction with Gallows Corner and a point 45m north of the northern kerbline of Gallows Corner.

Section 31Roads adjacent to A12

Unnamed service road (fronting 67 Eastern Avenue West) between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 32Roads adjacent to A12

Whitelands Way between its junction with Colchester Road (A12) and a point 45m south of the southern kerbline of Colchester Road.

Section 33Roads adjacent to A12

Willow Way between its junction with Eastern Avenue (A12) and a point 45m south of the southern kerbline of Eastern Avenue.

Section 34Roads adjacent to A12

Woodstock Avenue between its junction with Eastern Avenue (A12) and a point 45m north of the northern kerbline of Eastern Avenue.

Section 35Roads adjacent to A13

Askwith Road between its junction with New Road (A13) and a point 45m north of the northern kerbline of New Road.

Section 36Roads adjacent to A13

Betterton Road between its junction with New Road (A13) and a point 45m north of the northern kerbline of New Road.

Section 37Roads adjacent to A13

Bridge Road between its junction with New Road (A13) (at Dovers Corner) and a point 45m south of the southern kerbline of New Road.

Section 38Roads adjacent to A13

Cherry Tree Lane between its junction with New Road (A13) and a point 45m north east of the northern kerbline of New Road.

Section 39Roads adjacent to A13

East Hall Lane between its junction with New Road (A13) and a point 45m south west of the southern kerbline of New Road.

Section 40Roads adjacent to A13

Lambs Lane—

(a) (south arm) between its junction with New Road (A13) and a point 45m south west of the southern kerbline of New Road;

(b) (north arm) between its junction with New Road (A13) and a point 45m north east of the northern kerbline of New Road.

Section 41Roads adjacent to A13

Launders Lane—

(a) (east slip road) between its junction with New Road (A13) and a point 45m north west of the northern kerbline of New Road;

(b) (west slip road) between its junction with New Road (A13) and a point 45m north west of the northern kerbline of New Road.

Section 42Roads adjacent to A13

Lower Mardyke Road between its junction with New Road (A13) and a point 45m north of the northern kerbline of New Road.

Section 43Roads adjacent to A13

Manor Way between its junction with New Road (A13) and a point 45m south of the southern kerbline of New Road.

Section 44Roads adjacent to A13

Manser Road between its junction with New Road (A13) and a point 45m north of the northern kerbline of New Road.

Section 45Roads adjacent to A13

Philip Road between its junction with New Road (A13) and a point 45m north of the northern kerbline of New Road.

73 sections

Cite this legislation

The Road Traffic (Special Parking Area) (London Borough of Havering) Order 1994 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1994-1494

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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