APPENDIX 4

THE BOROUGH OF HAVANT

THE BOROUGH OF HAVANT (BEDHAMPTON HILL, BEDHAMPTON HILL CUL-DE-SAC AND MAPLE WOOD, BEDHAMPTON) PROHIBITION OF WAITING ORDER 2006

The Council of the Borough of Havant ("the Council") pursuant to arrangements made under Section 101 of the Local Government Act 1972 with the County Council of Hampshire in exercise of the powers conferred on that County Council under Sections 1(1), 2(1) to (3), 4 and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 ("the Act") and of all other enabling powers, after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the Act, hereby makes the following Order.

1 CITATION

This Order shall come into operation on the ** day of ***** 2006 and may be cited as the Borough of Havant (Bedhampton Hill, Bedhampton Hill cul-de-sac and Maple Wood, Bedhampton) Prohibition of Waiting Order 2006.

2 INTERPRETATION

2(1) In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:

"Authorised Hackney Carriage Stand" means any area of the carriageway which is comprised within and indicated by a road marking complying with diagram 1028.2 in Schedule 2 of the Traffic Signs Regulations and General Directions 2002.

"Disabled Person's Badge" means a badge issued by any local authority in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 or a badge having effect under those regulations as if it were disabled person's badge.

"Disabled Person's Vehicle" means a vehicle, which displays a Disabled Person's Badge in the manner prescribed by Regulation 12 of the Disabled Person's (Badges for Motor Vehicles) (England) Regulations 2000.

"Goods" includes postal packets of any description and "delivering" and "collecting" in relation to any goods includes checking the goods for the purpose of their delivery or collection.

"Hackney Carriage" means a vehicle licensed by the Council under section 37 of the Town Police Clauses Act 1847.

"Owner" means the person by whom the vehicle is kept. In determining who was the owner of a vehicle at any time it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994.

"Parking Attendant" means a person authorised by or behalf of the Council to enforce the restrictions imposed by this Order.

"Parking Disc" has the same meaning as in the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000.

"Penalty Charge" means the charge set by the Council (as agent for the Hampshire County Council) under the provisions of the Road Traffic Act 1991, which is to be paid to the Council following the issue of a Penalty Charge Notice within 28 days of the issue of that Notice.

"Telecommunications Apparatus" means such apparatus as defined in paragraph 1(i) of the telecommunications code contained in Schedule 2 to the Telecommunications Act 1984.

"Waiver Certificate" means a certificate issued on behalf of the Council for the purposes of Article 4(g), permitting a specified vehicle to wait in special circumstances on a length or lengths of roads where the waiting of that vehicle would otherwise be restricted or prohibited.

2(2) 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.

2(3) Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment.

2(4) The prohibitions, restrictions and requirements imposed by this Order are in addition to and not in derogation of any restriction, prohibition or requirement imposed by any other enactment and any exception or exemption from the provisions of this Order is without prejudice to the provisions of any other enactment.

2(5) The prohibitions imposed by Article 3 are for identification purposes only illustrated and shown annotated on plan no. Hi12/223 annexed hereto.

2(6) In the event that the public right of way over any length of road or parking place specified in the Schedules to this Order is extinguished, this Order shall cease to have effect with respect to that length of road or parking place.

3 PROHIBITION AND RESTRICTION OF WAITING

Save as provided in Article 4, no person shall except upon the direction or with the permission of a Police Constable in uniform, cause or permit any vehicle to wait at any time in any of the lengths of road specified in Schedule 1.

4 EXEMPTIONS

(a) Nothing in Article 3 shall render it a contravention to cause or permit a vehicle to wait in the lengths of road referred to therein, if the vehicle is being used:

(i) for a person to board or alight from the vehicle;

(ii) in connection with any building, industrial or demolition operations in or adjacent to those lengths of road, the removal of any obstruction of traffic in those lengths of roads, the maintenance, improvement or reconstruction of the said lengths of road, or the laying, erection, alteration or repair in or on land adjacent to the said lengths of road of any sewer, or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus, if it cannot conveniently be used for such purpose in any other length of road;

(iii) in the service of a local authority or of a water authority in pursuance of statutory powers or duties, if it cannot conveniently be used for such purposes in any other road;

(iv) for police, fire brigade or ambulance purposes;

(v) in connection with a wedding or funeral provided that the vehicle can be reasonably used for that purpose only from the road;

(vi) to enable any gate or other barrier at the entrance to premises to which the vehicle requires access or from which it has emerged to be opened or closed;

(vii) to enable a vehicle of (and bearing a livery used by) a universal service provider within the meaning ascribed by the Postal Services Act 2000 to be used for the purpose of delivering or collecting postal packets in the course of the provision of a universal postal service as defined in that Act.

(b) Nothing in Article 3 shall prevent any person from causing or permitting a vehicle to wait in any road for so long as may be necessary for the purpose of delivering or collecting goods or merchandise or loading or unloading the vehicle at premises adjoining that road if it cannot conveniently wait for such purpose within the curtilage of those premises or in any other road.

(c) Nothing in Article 3 shall render it a contravention to cause or permit a disabled person's vehicle which lawfully displays a parking disc (on which the driver or other person in charge of the vehicle has marked the time at which the period of waiting began) to wait in any of the lengths of road referred to in the said Article 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).

(e) Nothing in Article 3 shall render it a contravention to cause or permit a vehicle to wait in any length of road referred to in the said Article for so long as may be necessary to enable a public service vehicle being used in the operation of a local service within the meaning ascribed by the Transport Act 1985 to wait at a stopping place marked and authorised by the Council for the purpose of (i) allowing a person to board or alight from the vehicle or to pay a fare (ii) the vehicle to wait, if it arrives at the stopping place in advance of the advertised time for a period not exceeding 15 minutes.

(f) Nothing in Article 3 shall render it a contravention to cause or permit a Hackney Carriage to wait upon an authorised Hackney Carriage Stand.

(g) Nothing in Article 3 shall render it a contravention to cause or permit a vehicle displaying in a prominent position behind the windscreen so that it is facing forwards and can be entirely and easily seen from the front of the vehicle a valid waiver certificate issued by a person duly authorised by the Council to wait in accordance with the terms and conditions prescribed by the said certificate. A waiver certificate may be cancelled at any time at the sole discretion of the Council and shall thereupon immediately cease to be valid. A notification of such cancellation shall be sent by post to the holder of the certificate at any address which the Council believes to be that person's address and the certificate shall forthwith be surrendered to the Council.

5 CONTRAVENTIONS

If a vehicle is left without complying with the requirements of this Order then a contravention will have occurred and a penalty charge shall be payable. A Penalty Charge Notice showing the information required by the Road Traffic Act 1991 may then be issued by a Parking Attendant in accordance with the requirements of the Road Traffic Act 1991.

6 NOTICE OF PENALTY CHARGE

(i) In the case of a vehicle in respect of which the penalty charge may have been incurred, it shall be the duty of a Parking Attendant to attach to the vehicle in a conspicuous position a Notice which shall include the following particulars:

(a) the grounds on which the Parking Attendant believes that a penalty charge is payable with respect to the vehicle;

(b) the amount of the penalty charge which is payable;

(c) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the Notice;

(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the Notice, the amount of the charge will be reduced by one half;

(e) that if the penalty charge is not paid before the end of the 28 day period a Notice to the owner may be served by the Council on the person appearing to them to be the owner of the vehicle;

(f) the address to which payment of the penalty charge must be sent.

(ii) A Penalty Charge Notice fixed to a vehicle in accordance with this Article shall not be removed or interfered with except by or under the authority of :

(a) the owner, or person in charge, of the vehicle; or

(b) the Council.

7 RESTRICTION ON REMOVAL OF NOTICES

Where a Notice has been attached to a vehicle in accordance with the provisions of Article 6, no person who is not a Parking Attendant or some other person duly authorised by the Council shall remove the Notice from the vehicle until the vehicle has been removed from the length of road or the parking place where the contravention occurred.

8 PAYMENT OF PENALTY CHARGE

(i) The owner of a vehicle in respect of which the penalty charge has been incurred shall pay the penalty charge to the Council as indicated on the Penalty Charge Notice.

(ii) If the penalty charge is paid before the end of the period of 14 days beginning with the date of the Penalty Charge Notice the amount of the penalty charge will be reduced by one half.

(iii) If the period of 28 days for payment of the penalty charge has expired without that charge being paid the Council may serve a notice ("a notice to owner") on the person who appears to them to have been the owner of the vehicle when the alleged contravention occurred and the notice to owner so served shall state the matters required to be stated therein by or under the Road Traffic Act 1991.

9 REVOCATIONS

Those Orders specified in Schedule 2 shall be revoked but only to the extent indicated in the said Schedule.

DATED this day of ******* 2006

THE COMMON SEAL of THE

COUNCIL OF THE BOROUGH

OF HAVANT was hereunto

affixed in the presence of:

Solicitor to the Council

Statement of reasons

The Council's precise reasons for making the Order are as follows:

(a) To facilitate the passage on the road or any other road of any class of traffic (including

Pedestrians).

(b) To avoid danger to persons or other traffic using the road or any other road or for

preventing the likelihood of such danger arising.

SCHEDULE 1

Lengths of road wherein waiting is to be prohibited 24 hours a day,

7 days a week, throughout the year

1. Bedhampton Hill

(a) On the north-west side from the centre line of its junction with Brookside Road, south-westwards for a distance of 175 metres, including the roundabout junction.

(b) On the north-west side from the centre line of its junction with Bedhampton Hill cul-de-sac (leading to numbers 38a-42a and 57-63) north-eastwards for a distance of 108 metres.

(c) On the south-east side from its junction with Brookside Road, south-westwards to its junction with Maple Wood, including the roundabout junction.

2. Bedhampton Hill cul-de-sac (leading to numbers 38a-42a and 57-63)

(a) On the north-west side from its junction with Bedhampton Hill, south-westwards for a distance of 42 metres.

(b) On the south-east side from its junction with Bedhampton Hill, south-westwards to a point 22 metres north-east of the boundary between numbers 57 and 59 Bedhampton Hill.

3. Maple Wood

On the north-east and south-west sides from its junction with Bedhampton Hill, south-eastwards for distances of 17 metres and 36 metres respectively.

SCHEDULE 2

Orders partially revoked

Title of Order Extent

The Borough of Havant (Various Roads) Schedule 4, Part 4.42

Prohibition and Restriction of Waiting

(Consolidation) Order 2005