SCHEDULE 1
Article 3(1)
SCHEDULE 1
Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/2078 |
| Year | 1997 |
1997 No. 2078
ROAD TRAFFIC
The Road Traffic (Permitted Parking Area and Special Parking Area ) (County of Kent) (Borough of Maidstone) Order 1997
Made 28th August 1997
Laid before Parliament 29th August 1997
Coming into force 29th September 1997
Whereas the Kent County Council has applied to the Secretary of State for Transport for an order to be made under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 19911with respect to part of their area and the Secretary of State has consulted the Chief Constable of Kent in accordance with the requirements of paragraphs 1(3) and 2(3) of that Schedule and the Council on Tribunals in accordance with the requirements of section 8 of the Tribunals and Inquiries Act 19922;
NOW, the Secretary for State of Transport, in exercise of the powers conferred by paragraphs 1(1), 2(1) and 3(3) of Schedule 3 to the Road Traffic Act 1991 and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1. This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) Order 1997 and shall come into force on 29th September 1997.
Interpretation
2. In this Order—
“the 1984 Act” means the Road Traffic Regulation Act 19843;
“the 1991 Act” means the Road Traffic Act 1991;
“the permitted parking area” means the area designated as a permitted parking area by article 4(a) of this Order; and
“the special parking area” means the area designated as a special parking area by article 4(b) of this Order.
Application
3.—(1) Subject to the provisions of this article, this Order applies to the area in the county of Kent and in the borough of Maidstone situated within the outer edge of the boundary delineated in black on the plan in Schedule 1 to this Order.
(2) In relation to each street named in column (2) of an item in the table in Schedule 2 to this Order the boundary of the area to which this Order applies shall be taken to pass through the point on that street named in column (3) of the item and accordingly, in so far as there is any inconsistency between this paragraph and paragraph (1) of this article, this paragraph shall prevail.
Designation of permitted parking area and special parking area
4. The Secretary of State hereby designates the area to which this order applies in accordance with article 3 above as—
(a) a permitted parking area; and
(b) a special parking area.
Modification and application of Part II of the 1991 Act
5. Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the permitted parking area and the special parking area and as so applied shall have effect subject to the modifications specified in Schedule 3 to this Order.
Modification of the 1984 Act
6. The 1984 Act shall be modified in relation to the permitted parking area and the special parking area as specified in Schedule 4 to this Order.
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th August 1997
SCHEDULE 2
Article 3(2)
BOUNDARY POINTS
(1) Item |
(2) Street |
(3) Description |
1. |
Hermitage Lane |
a point 580 metres north of the north western kerb line of Oakapple Lane |
2. |
North Pole Road |
a point level with the western boundary of Merrybrow, North Pole Road |
3. |
Tonbridge Road |
a point level with the western boundary of 36 Tonbridge Road |
4. |
South Street |
a point level with the northern limit of Barming Bridge |
5. |
Farleigh Lane |
a point level with the northern limit of Farleigh Bridge |
6. |
Dean Street |
a point level with its northern junction with Lower Road |
7. |
Stockett Lane |
a point level with the western boundary of 12 Stockett Lane |
8. |
Well Street |
a point level with the northern boundary of public footpath KM62 |
9. |
Linton Road |
a point level with the northern kerb line of Heath Road |
10. |
Hubbards Lane |
a point level with the northern kerb line of Heath Road |
11. |
Boughton Lane |
a point level with the northern boundary of Boughton Mount Oast, Boughton Lane |
12. |
Brishing Lane |
a point level with the eastern limit of public footpath KB28 |
13. |
Sutton Road |
a point 16 metres east of the eastern kerb line of Bircholt Road |
14. |
Church Road |
a point level with the northern boundary of St Nicholas’s Church |
15. |
Lilk Hill |
a point level with the eastern limit of Otham Lane |
16. |
Roundwell |
a point level with the northern kerb line of Ashford Road |
17. |
Roundwell |
a point level with the southern limit of Water Lane |
18. |
Thurnham Lane |
a point level with the south western limit of the M20 overbridge |
19. |
Hockers Lane |
a point level with the south western limit of the bridge carrying Hockers Lane over the M20 |
20. |
Sittingbourne Road |
a point on the boundary of the parish of Boxley |
21. |
Boxley Road |
a point level with the southern limit of the bridge carrying Boxley Road over the M20 |
22. |
Boarley Road |
a point level with the southern limit of the M20 overbridge |
23. |
Royal Engineers Road |
a point level with the northern kerb line of the slip road exit to the Running Horse round about (to include entry and exit slip roads from the Running Horse roundabout) |
24. |
Forstal Road |
a point level with the southern eastern limit of the bridge carrying Forstal Road over the M20 |
25. |
London Road |
a point on the boundary of the borough of Maidstone |
26. |
St Laurence Avenue |
a point on the boundary of the borough of Maidstone |
SCHEDULE 3
Article 5
MODIFICATIONS OF PROVISIONS OF PART II OF THE ROAD TRAFFIC ACT 1991 APPLIED IN RELATION TO THE PERMITTED PARKING AREA AND THE SPECIAL PARKING AREA
1.—(1) Section 66 shall be modified as follows.
(2) In subsection (1)—
(a)
(a) the words “in a designated parking place” shall be omitted; and
(b)
(b) after the words “is payable” there shall be inserted “in accordance with paragraph 3(1) and (2) of Schedule 3 to this Act”.
(3) Subsection (2) shall be omitted.
(4) In subsection (3)—
(a)
(a) in paragraph (d) for the words “the specified proportion” there shall be substituted “one half”; and
(b)
(b) in paragraph (e) for the words “the London authority” there shall be substituted “the parking authority”.
(5) Subsection (4) shall be omitted.
(6) In subsection (5) for paragraph (b) there shall be substituted—
“(b)
“(b) the parking authority.”
2.—(1) Section 69 shall be modified as follows.
(2) In subsection (1)—
(a)
(a) the words “in a designated parking place” shall be omitted; and
(b)
(b) for the words “specified in section 66(2)(a), (b) or (c) of”, there shall be substituted “in which a penalty charge is payable by virtue of paragraph 3(1) and (2) of Schedule 3 to”.
(3) For subsection (8) there shall be substituted—
“8 In this section “relevant authority” means the parking authority.”
3.—(1) Section 71 shall be modified as follows.
(2) In subsection (1) for the words “a London authority” there shall be substituted “the parking authority”.
(3) In subsection (3) for the word “below” there shall be substituted “or subsection (4A) below as the case may be”.
(4) In subsection (4)—
(a)
(a) at the beginning there shall be inserted “In the case of a vehicle which it is alleged was found in a designated parking place”; and
(b)
(b) for paragraph (a) there shall be substituted—
“(a)
“(a) that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the designated parking place in the circumstances in which a penalty charge was payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act;”.
(5) After subsection (4), there shall be inserted the following subsection—
“4A In the case of a vehicle which it is alleged was found in a special parking area, but not in a designated parking place, the grounds referred to in subsection (3) above are—
(a) that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the special parking area (but not in a designated parking place) in circumstances in which a penalty charge was payable by virtue of paragraph 3(1) and (2) of Schedule 3 to 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 where the vehicle was at rest was a designated parking place or was not in the 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, section 69 did not apply to the vehicle in question; or
(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.”
4.—(1) Section 72 shall be modified as follows.
(2) In subsection (2) after the words “section 71(4)” there shall be inserted “or (4A)”.
5.—(1) Section 73 shall be modified as follows.
(2) In subsection (3) paragraphs (b) and (c) shall be omitted.
(3) The following subsections shall be inserted after subsection (3)—
“3A A parking adjudicator appointed under this section is authorised to act as a parking adjudicator in relation to the permitted parking area and the special parking area.
3B The parking authority—
(a) shall provide or enter into arrangements for the provision of accommodation and administrative staff for parking adjudicators acting in relation to either of those areas;
(b) may enter into arrangements with the Joint Committee appointed under subsection (1) for the remuneration of such parking adjudicators; and
(c) shall determine the places where they are to sit.
3C Any accommodation provided under subsection (3B)(a) above is to be treated as including the...
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