Urban Clearways Order (Northern Ireland) 1997

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Urban Clearways Order (Northern Ireland) 1997 and shall come into operation on 14th May 1997.

(2) In this Order—

“carriageway” means a way constituted or comprised in a road being a way over which the public have a right of way for the passage of vehicles but does not include a lay-by;

“lay-by” means a surfaced area adjacent to the carriageway intended for the waiting of vehicles;

“specified road” means the carriageway of any road or length of road specified in column 1 of Schedule 1;

“statutory undertaker” means—

(a)

the Post Office;

(b)

the railway undertaking within the meaning of the Transport Act (Northern Ireland) 1967(1);

(c)

an undertaking within the meaning of the Gas (Northern Ireland) Order 1977(2);

(d)

any body or person authorised by any statutory provision to carry on any harbour or dock undertaking.

Control of Waiting

2.  Save as provided in Article 3, no person shall cause or permit a vehicle to wait wholly or partly in a specified road during the hours and on the days specified in columns 2 and 3 of Schedule 1 respectively.

Exemptions

3.—(1) Nothing in Article 2 shall render it unlawful to cause or permit a vehicle to wait in a specified road for so long as may be necessary—

(a) for a person to board or alight from the vehicle provided that such boarding or alighting does not cause the vehicle to wait in the same place for more than 2 minutes;

(b) for the collection or delivery of a postal packet as defined in section 87 of the Post Office Act, 1953(3);

(c) for the opening or closing of a gate or other barrier at the entrance to premises to which the vehicle requires access or from which it has emerged if it is not reasonably practicable for the vehicle to wait otherwise than in a specified road while such gate or barrier is opened or closed;

(d) to enable the vehicle, if it cannot conveniently be used for such purpose in any road not being a specified road, to be used in connection with—

(i) any building, repair or demolition operations;

(ii) the removal of any obstruction to traffic;

(iii) the maintenance, improvement or reconstruction of a specified road;

(iv) the discharge of the functions of the holder of a licence granted under Article 10(1) of the Electricity (Northern Ireland) Order 1992(4) by or on behalf of the holder; or

(v) the laying, erection, alteration or repair of any telecommunication apparatus as defined in section 4(3) of the Telecommunications Act 1984(5).

(2) For the purpose of paragraph (1)(a) a vehicle shall be deemed to wait for more than 2 minutes in the same place if any one part of the carriageway is below any part of the vehicle or its load (if any) throughout a period exceeding 2 minutes whether or not the vehicle is moved during that period.

(3) The provisions of Article 2 shall not apply to a vehicle—

(a) being used in an emergency for fire brigade, ambulance or police purposes;

(b) being used in the service of a statutory undertaker or a government department in pursuance of statutory powers or duties, if the vehicle cannot conveniently be used for such service in any other road;

(c) where the person in control of it—

(i) is required by law to stop;

(ii) is obliged to stop in order to prevent an accident; or

(iii) is prevented from proceeding by circumstances outside his control; or

(d) the driver of which is acting upon the direction or with the permission of a constable in uniform or of a traffic warden.

Revocations

4.  The Orders described in Schedule 2 are hereby revoked.

Sealed with the Official Seal of the Department of the Environment on

L.S.

J. Carlisle

Assistant Secretary

2nd April 1997.