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

Statutory Instruments

1994 No. 1506

ROAD TRAFFIC

The Road Traffic (Special Parking Area) (London Borough of Newham) 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 Newham 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 Newham) 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 Newham 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 Newham 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 Newham) 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 Newham 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 NEWHAM EXCLUDED FROM THE SPECIAL PARKING AREA

1.  A11 between the borough boundary with the London borough of Waltham Forest and the borough boundary with the London borough of Tower Hamlets.

2.  A13 between the borough boundary with the London borough of Barking and Dagenham (including the A13/A406 Interchange) and the borough boundary with the London borough of Tower Hamlets.

3.  A117 between its junction with the A13 (Newham Way) and Woolwich Ferry.

4.  A406 (including the slip roads), between its junction with the A13 and the north borough boundary with the London borough of Barking and Dagenham, so much as lies in the London borough of Newham.

Roads adjacent to A11

5.  Abbey Lane between its junction with High Street (A11) and a point 40m south east of that junction.

6.  Angel Lane between its junction with Great Eastern Road (A11) and a point 40m north west of that junction.

7.  Bisson Road between its junction with High Street (A11) and a point 40m south east of that junction.

8.  Blaker Road between its junction with High Street (A11) and a point 40m north west of that junction.

9.  Bow Street between its junction with Leytonstone Road (A11) and a point 40m east of that junction.

10.  Bridge Road between its junction with High Street (A11) and a point 40 m south east of that junction.

11.  Broadway—

(a) (north western arm) between its southern most junction with The Grove (A11) and a point 40m north east of that junction;

(b) (north western arm) between its northern most junction with The Grove (A11) and a point 40m south west of that junction.

12.  Burford Road between its junction with High Street (A11) and a point 40m south east of that junction.

13.  Buxton Road between its junction with Leytonstone Road (A11) and a point 40m east of that junction.

14.  Cam Road between its junction with High Street (A11) and a point 40m south east of that junction.

15.  Carpenters Road between its junction with High Street (A11) and a point 40m north west of that junction.

16.  Chant Street between its junction with Broadway (A11) and a point 40m south east of that junction.

17.  Cherry Tree Road between its junction with Leytonstone Road (A11) and a point 40m west of that junction.

18.  Chobham Road between its junction with Leytonstone Road (A11) and a point 40m west of that junction.

19.  Cooks Road between its junction with High Street (A11) and a point 40m north west of that junction.

20.  Deason Street between its junction with High Street (A11) and a point 40m south east of that junction.

21.  Forest Lane from between its junction with Leytonstone Road (A11) and a point 40m east of that junction.

22.  Francis Street between its junction with Leytonstone Road (A11) and a point 40m north west of that junction.

23.  Great Eastern Road between its junction with The Grove (A11) and a point 40m west of that junction.

24.  Grove Crescent Road—

(a) (north arm) between its junction with Great Eastern Road (A11) and a point 40m north of that junction;

(b) (south arm) between its junction with Great Eastern Road (A11) and a point 40m south of that junction;

(c) between its junction with Great Eastern Road (A11) and a point 40m west of that junction.

25.  Gurney Road between its junction with Leytonstone Road (A11) and a point 40m east of that junction.

26.  Henniker Road between its junction with Leytonstone Road (A11) and a point 40m west of that junction.

27.  Hunts Lane between its junction with High Street (A11) and a point 40m south east of that junction.

28.  Janson Road between its junction with Leytonstone Road (A11) and a point 40m east of that junction.

29.  Lett Road between its junction with High Street (A11) and a point 40m north west of that junction.

30.  Manbey Grove between its junction with The Grove (A11) and a point 40m east of that junction.

31.  Manbey Park Road between its junction with The Grove (A11) and a point 40m east of that junction.

32.  Manbey Street between its junction with The Grove (A11) and a point 40m east of that junction.

33.  Marshgate Lane between its junction with High Street (A11) and a point 40m north west of that junction.

34.  Maryland Road between its junction with Leytonstone Road (A11) and a point 40m west of that junction.

35.  Maryland Street between its junction with Leytonstone Road (A11) and a point 40m west of that junction.

36.  Oxford Road between its junction with Great Eastern Road (A11) and a point 40m north of that junction.

37.  Romford Road between its junction with The Grove/Broadway (A11) and a point 40m east of that junction.

38.  Salway Road between its junction with Great Eastern Road (A11) and a point 40m south of that junction.

39.  Service Route 1 between its junction with Great Eastern Road (A11) and a point 40m north east of that junction.

40.  Service Route 2 between its junction with Great Eastern Road (A11) and a point 40m south west of that junction.

41.  Service Route 3 between its junction with Great Eastern Road (A11) and a point 40m south east of that junction.

42.  Station Street—

(a) (north west arm) between its junction with Great Eastern Road (A11) and a point 40m west of that junction;

(b) (south east arm) between its junction with Great Eastern Road (A11) and a point 40m west of that junction.

43.  Sugar House Lane between its junction with High Street (A11) and a point 40m south east of that junction.

44.  Union Street between its junction with High Street (A11) and a point 40m south east of that junction.

45.  Ward Road between its junction with High Street (A11) and a point 40m north west of that junction.

46.  Warton Road between its junction with High Street (A11) and a point 40m north west of that junction.

47.  Well Street between its junction with Leytonstone Road (A11) and a point 40m north west of that junction.

48.  West Ham Lane between its junction with Broadway (A11) and a point 40m south east of that junction.

49.  Windmill Lane between its junction with The Grove (A11) and a point 40m west of that junction.

50.  Wingfield Road between its junction with Leytonstone Road (A11) and a point 40m west of that junction.

51.  Wise Road—

(a) (north east arm) between its junction with High Street (A11) and a point 40m south east of that junction;

(b) (south west arm) between its junction with High Street (A11) and a point 40m south east of that junction.

52.  Unnamed road (sometimes known as Grove Gardens)—

(a) between its junction with The Grove (A11) and a point 40m south west of that junction;

(b) between its junction with The Grove (A11) and a point 40m north east of that junction.

Roads adjacent to A13

53.  Barking Road between its junction with Newham Way (A13) and a point 15m north of that junction.

54.  Beckton Road—

(a) (off-slip) between its junction with Newham Way (A13) and a point 15m north of that junction;

(b) (on-slip) between its junction with Newham Way (A13) and a point 25m south of that junction.

55.  Beeby Road between its junction with Newham Way (A13) and a point 10m south of that junction.

56.  Butchers Road between its junction with Newham Way (A13) and a point 10m south of that junction.

57.  Forty Acre Lane between its junction with Newham Way (A13) and a point 15m south of that junction.

58.  Freemasons Road between its junction with Newham Way (A13) and a point 10m south of that junction.

59.  High Street South between its junction with Newham Way (A13) and a point 40m north of that junction.

60.  Manor Road between its junction with Newham Way (A13) and a point 15m north of that junction.

61.  New Barn Street between its junction with Newham Way (A13) and a point 10m north of that junction.

62.  Prince Regent Lane—

(a) (north arm) between its junction with Newham Way (A13) and a point 85m north of that junction;

(b) (south arm) between its junction with Newham Way (A13) and a point 80m south of that junction.

63.  Roman Road between its junction with High Street South and a point 10m west of that junction.

64.  Royal Docks Road between its junction with the A13/A406 interchange and a point 35m south of that junction.

65.  Silvertown Way between its junction with Newham Way (A13) and a point 40m south of that junction.

66.  Stephenson Street between its junction with Newham Way (A13) and a point 10m north of that junction.

67.  Tollgate Road between its junction with Newham Way (A13) and a point opposite the western boundary wall of 28 to 38 Tollgate Road.

Roads adjacent to A117

68.  Albert Road between its junction with Pier Road and a point 40m west of that junction.

69.  Alpine Way between its junction with Woolwich Manor Way (A117) and a point 40m east of that junction.

70.  Barge House Road—

(a) (north arm) between its junction with Woolwich Manor Way (A117) and a point 40m north west of that junction;

(b) (south arm) between its junction with Woolwich Manor Way (A117) and a point 40m south east of that junction.

71.  East Ham Manor Way between its junction with Woolwich Manor Way (A117) and a point 40m west of that junction.

72.  Ferndale Street between its junction with Woolwich Manor Way (A117) and a point 40m south west of that junction.

73.  Frobisher Road between its junction with Woolwich Manor Way (A117) and a point 40m south west of that junction.

74.  Gallions access road between its junction with Woolwich Manor Way (A117) and a point 40m north east of that junction.

75.  Gallions Road between its junction with Woolwich Manor Way (A117) and a point 40m south east of that junction.

76.  Horse Leaze between its junction with Woolwich Manor Way (A117) and a point 40m north of that junction.

77.  Milk Street between its junction with Albert Road (A117) and a point 40m north west of that junction.

78.  Peverel Road between its junction with Woolwich Manor Way (A117) and a point 40m east of that junction.

79.  Pier Road—

(a) (north arm) between its junction with Albert Road (A117) and a point 40m north of that junction

(b) (west arm) between its junction with ferry access road and a point 40m west of that junction.

80.  Royal Albert Way between its junction with Woolwich Manor Way (A117) and a point 40m west of that junction.

81.  Royal Docks Road between its junction with Woolwich Manor Way (A117) and a point 40m north east of that junction.

82.  Tollgate Road between its junction with Woolwich Manor Way (A117) and a point 40m west of that junction.

83.  Winsor Terrace between its junction with Woolwich Manor Way (A117) and a point 40m east of that junction.

84.  Woolwich Manor Way (that length which lies south east of Albert Road) between its junction with Woolwich Manor Way (A117) and a point 40m south east of that junction.

Roads adjacent to A406

85.  Barking Road between its junction with South Woodford to Barking Relief Road (A406) and a point 65m west of that junction, including the trunk road/slip roads.

Explanatory Note

(This note is not part of the Order)

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