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

Statutory Instruments

1994 No. 1500

ROAD TRAFFIC

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

Made

6th June 1994

Laid before Parliament

13th June 1994

Coming into force

4th July 1994

Whereas the council of the London borough of Hillingdon 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) (London Borough of Hillingdon) 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 London borough of Hillingdon 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 London borough of Hillingdon 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 Hillingdon) 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 London borough of Hillingdon 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 LONDON BOROUGH OF HILLINGDON EXCLUDED FROM THE SPECIAL PARKING AREA

1.  A4 between its eastern junction with the A3044 (Moor roundabout) and the borough boundary with the London borough of Hounslow (excluding the Moor roundabout, on all sides).

2.  A30 between the eastern borough boundary with the London borough of Hounslow and the southern borough boundary with the London borough of Hounslow.

3.  A40 between the borough boundary with the county of Buckinghamshire and the borough boundary with the London borough of Ealing.

Roads adjacent to A4

4.  Bath Road, Longford between its junction with Bath Road (A4) and a point 10m south west of the southern kerbline of Bath Road.

5.  Craneswater—

(a) (east arm) between its junction with Bath Road (A4) and a point on the south eastern boundary of 21 Bath Road;

(b) (west arm) between its junction with Bath Road (A4) and a point on the south eastern boundary of 2 Craneswater.

6.  Hatch Lane between its junction with Bath Road (A4) and a point 10m north of the northern kerbline of Bath Road.

7.  High Street, Harlington between its junction with Bath Road (A4) and a point 20m north of the northern kerbline of Bath Road.

8.  Mondial Drive between its junction with Bath Road (A4) and a point 10m north of the northern kerbline of Bath Road.

9.  Nene Road between its junction with Bath Road (A4) and its junction with the Northern Perimeter Road.

10.  Nobel Drive—

(a) (east arm) between its junction with Bath Road (A4) and a point 10m north of the northern kerbline of Bath Road;

(b) (west arm) between its junction with Bath Road (A4) and a point 10m north of the northern kerbline of Bath Road.

11.  Oxford Avenue between its junction with Bath Road (A4) and a point 10m north of the northern kerbline of Bath Road.

12.  Sipson Road between its junction with Bath Road (A4) and a point 70m south of a point opposite the party wall of 625/625a Sipson Road.

13.  Sipson Way between its junction with Bath Road (A4) and a point 10m north of the northern kerbline of Bath Road.

14.  Unnamed road (linking the M4, junction 4a to the junction of Bath Road (A4) and Sipson Road) between its junction with Bath Road and Sipson Road and the first unnamed western access road to the Excelsior Hotel, Bath Road.

15.  Unnamed road between its boundary with the Bath Road (A4) and its junction with Newbury Road and Newport Road roundabout excluding the roundabout on all sides.

Roads adjacent to A30

16.  Unnamed slip roads between their junctions with Southern Perimeter Road and the Great West Road (A30).

Roads adjacent to A40

17.  Unnamed slip roads between their junctions with Long Lane and Western Avenue (A40).

18.  Unnamed slip roads between their junctions with Swakeleys Road and Western Avenue (A40).

19.  Unnamed slip roads between their junctions with West End Road and Western Avenue (A40).

Explanatory Note

(This note is not part of the Order)

This Order designates the whole of the London borough of Hillingdon (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).