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

Statutory Instruments

1994 No. 1491

ROAD TRAFFIC

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

Made

6th June 1994

Laid before Parliament

13th June 1994

Coming into force

4th July 1994

Whereas the Common Council of the City of London has applied to the Secretary of State for an order to be made under section 76 of the Road Traffic Act 1991(1) and the Secretary of State has consulted the Commissioner of Police of the Metropolis in accordance with section 76(2) of that Act:

NOW, the Secretary of State for Transport, in exercise of the powers conferred by section 76(1) and section 77(6) of 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 (Special Parking Area) (City of London) Order 1994 and shall come into force on 4th July 1994.

Interpretation

2.  In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 1984(2);

“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.

Designation of special parking area

3.—(1) The Secretary of State hereby designates the City of London 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.

Modification of the Road Traffic Regulation Act 1984

4.—(1) Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the City of London 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) (City of London) 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.”

Modification of the Road Traffic Act 1991

5.—(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 City of London 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.

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

6th June 1994

Article 3(1)

THE SCHEDULE ROADS IN THE CITY OF LONDON EXCLUDED FROM THE SPECIAL PARKING AREA

1.  A3—

(a) King William Street (A3) between its junction with Cannon Street and Eastcheap (A100) and its junction with London Bridge and between its junction with Cannon Street and the boundary between 69 and 70 King William Street; and

(b) London Bridge (A3) between its junction with King William Street and the City of London boundary with the London borough of Southwark.

2.  A10—

(a) Norton Folgate (A10) between the City of London boundary with the London borough of Tower Hamlets and the London borough of Hackney and its junction with Bishopsgate;

(b) Bishopsgate (A10) between its junction with Norton Folgate and its junction with Gracechurch Street; and

(c) Gracechurch Street (A10) between its junction with Bishopsgate and its junction with Eastcheap.

3.  A11—

(a) Aldgate High Street (A11) on the south and east side of the island at the junction with Aldgate High Street, Mansell Street and Whitechapel High Street; and

(b) Mansell Street (A11) between the southern side of its junction with Whitechapel High Street and Aldgate High Street and the south side of its junction with Braham Street, so much as lies within the City of London boundary.

4.  A100—

(a) Mansell Street (A100) between its junction with Goodman’s Yard and Prescott Street and its junction with Shorter Street and Royal Mint Street, so much as lies within the City of London boundary; and

(b) Tower Bridge (A100).

5.  A1210 Mansell Street between the south side of its junction with Braham Street and its junction with Goodman’s Yard and Prescott Street, so much as lies within the City of London boundary.

6.  A1211—

(a) Goodman’s Yard (A1211); and

(b) Minories (A1211)—

(i) (east side) between its junction with Tower Hill and a point opposite the boundary between 51 and 52 Minories.

(ii) (west side) between its junction with Tower Hill and a point opposite the boundary between America House and 119 Minories.

7.  A3211 Tower Hill between its junction with Minories and the City of London boundary with the London borough of Tower Hamlets.

Roads adjacent to A3

8.  Arthur Street between its junction with King William Street (A3) and a point 13m south west of the south eastern corner of 28 Martin Lane.

9.  Monument Street between its junction with King William Street (A3) and a point 2m east of the eastern rear boundary of 47 King William Street.

10.  Cannon Street between its junction with King William Street (A3) and a point 40m west of that junction.

11.  Eastcheap between its junction with King William Street (A3) and the west side of its junction with Pudding Lane.

12.  Fish Street Hill between its junction with Eastcheap and a point 10m south of the northern boundary of 2a Eastcheap.

Roads adjacent to A10

13.  Alderman’s Walk between its junction with Bishopsgate (A10) and a point 5.1m west of the eastern frontage of 117 Bishopsgate.

14.  Artillery Lane between its junction with Bishopsgate (A10) and a point 2.5m east of the western frontage of 226 Bishopsgate.

15.  Brushfield Street between its junction with Bishopsgate (A10) and a point 5m east of the boundary between 236 Bishopsgate and the entry to Bishopsgate Institute Library.

16.  Camomile Street—

(a) (north side) between its junction with Bishopsgate (A10 and a point opposite the south west boundary wall of 35-37 Camomile Street.

(b) (south side) between its junction with Bishopsgate (A10) and a point 8m west of the boundary between 1-7 and 12-20 Camomile Street.

17.  Cornhill between its junction with Bishopsgate (A10) and a point 3m east of the west boundary wall between 54 Cornhill and St. Peter’s Alley.

18.  Devonshire Row between its junction with Bishopsgate (A10) and a point 5.2m south east of the north western frontage of 148 Bishopsgate.

19.  Fenchurch Street between its junction with Bishopsgate (A10) and a point opposite the east boundary of 1-4 Fenchurch Street.

20.  Great St. Helen’s between its junction with Bishopsgate (A10) and a point 5.6m south east of the north western frontage of 42 Bishopsgate.

21.  Houndsditch between its junction with Bishopsgate (A10) and a point opposite the north west boundary of Stone House Court.

22.  Leadenhall Street between its junction with Bishopsgate (A10) and a point 6m west of the boundary between 150 and 148 Leadenhall Street.

23.  Liverpool Street between its junction with Bishopsgate (A10) and a point 2m west of the eastern frontage of 121 Bishopsgate.

24.  Lombard Street between its junction with Gracechurch Street (A10) and a point 25m north west of the front boundary of 29 Gracechurch Street.

25.  New Street between its junction with Bishopsgate (A10) and a point 5m south east of the western boundary of 172 Bishopsgate.

26.  Primrose Street between its junction with Bishopsgate (A10) and a point 4m south east of the westernmost boundary of 1 Primrose Street.

27.  Talbot Court between its junction with Gracechurch Street (A10) and a point 5.5m east of the front boundary of 55 Gracechurch Street.

28.  Threadneedle Street between its junction with Bishopsgate (A10) and a point 2.5m south west of the south western boundary of 38 Threadneedle Street.

29.  White Hart Court between its junction with Bishopsgate (A10) and a point 5m west of the south eastern boundary of 119 Bishopsgate.

30.  Wormwood Street—

(a) (north side) between its junction with Bishopsgate (A10) and a point opposite the boundary between 26 and 27 Wormwood Street;

(b) (south side) between its junction with Bishopsgate (A10) and a point 13m west of the north west corner of the north east boundary of 99 Bishopsgate.

31.  Worship Street (south side) between its junction with Norton Folgate (A10) and a point 6.6m west of the eastern boundary wall to the British Rail tracks.

Roads adjacent to A1210

32.  Access to Guinness Court between its junction with Mansell Street (A1210) and a point 2m west of the eastern flank wall of 4 Portsoken Street.

33.  Little Somerset Street between its junction with Mansell Street (A1210) and a point opposite the north east frontage of 18 Mansell Street.

34.  Portsoken Street between its junction with Mansell Street (A1210) and a point opposite the west frontage of 4 Portsoken Street.

35.  Shorter Street so much as lies within the City of London.

Explanatory Note

(This note is not part of the Order)

This Order designates the whole of the City of London (excluding the roads referred to in the Schedule) as a special parking area for the purposes of Part II of the Road Traffic Act 1991 with effect from 4th July 1994. The Order also makes consequential modifications to the Road Traffic Regulation Act 1984 and to Part II of the 1991 Act.

(1)

1991 c. 40.

(2)

1984 c. 27; section 55 is amended by paragraph 5 of Schedule 7 to the Road Traffic Act 1991. Section 101 is amended by section 67 and section 102 by section 68 of that Act. Both sections are affected by transitional provisions in the Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993 (S.I. 1993/1461, amended by S.I. 1993/2229) and in the Road Traffic Act 1991 (Commencement No. 11 and Transitional Provisions) Order 1994 (S.I. 1994/1482).