Statutory Instruments
ROAD TRAFFIC
Made
6th June 1994
Laid before Parliament
13th June 1994
Coming into force
4th July 1994
Whereas the council of the London borough of Redbridge 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:—
1. This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Redbridge) Order 1994 and shall come into force on 4th July 1994.
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.
3.—(1) The Secretary of State hereby designates the London borough of Redbridge 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.
4.—(1) Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Redbridge 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 Redbridge) 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.”
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 Redbridge 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)
1. A12 between the borough boundary with the London borough of Barking and Dagenham and the borough boundary with the London borough of Waltham Forest.
2. A406 between the borough boundary with the London borough of Waltham Forest and the borough boundary with the London borough of Newham.
3. A1400 between its junction with the A406 at Charlie Browns roundabout and the A12 at Gants Hill roundabout.
4. Albemarle Approach between its junction with Eastern Avenue (A12) and a point 18.3m south west of the south western kerbline of Eastern Avenue.
5. Aldborough Road North between its junction with Eastern Avenue (A12) and an imaginary straight line drawn between a point on the west side 40m north west of the north western kerbline of Eastern Avenue (A12) and a point opposite.
6. Aldborough Road South between its junction with Eastern Avenue (A12) and a point opposite the north wall of 242 Aldborough Road South.
7. Ashurst Drive between its junction with Eastern Avenue (A12) and a point 24.4m north east of the north eastern kerbline of Eastern Avenue.
8. Barley Lane between its junction with Eastern Avenue (A12) and a point 19m south west of the southern kerbline of Eastern Avenue.
9. Bawdsey Avenue between its junction with Eastern Avenue (A12) and a point 13.7m north west of the north western kerbline of Eastern Avenue.
10. Beehive Lane—
(a)(south arm) between its junction with Eastern Avenue (A12) and a point opposite the party wall of 131 and 133 Beehive Lane;
(b)(north arm) between its junction with Eastern Avenue (A12) and a point opposite the party wall of 139 and 141 Beehive Lane.
11. Brian Road between its junction with Eastern Avenue (A12) and a point 10m south of the southern kerbline of Eastern Avenue.
12. Brook Road between its junction with Eastern Avenue (A12) and a point 30.5m south east of the south eastern kerbline of Eastern Avenue.
13. Cantley Gardens between its junction with Eastern Avenue (A12) and a point 15m north east of the north eastern kerbline of Eastern Avenue.
14. Clarence Avenue between its junction with Eastern Avenue (A12) and a point 3.5m north east of the front boundary of 557 Cranbrook Road.
15. Cranbrook Road—
(a)(south arm) between its junction with Eastern Avenue (A12) and a point opposite the party wall of 410 and 412 Cranbrook Road;
(b)(north arm) between its junction with Eastern Avenue (A12) and a point opposite the party wall of 565 and 567 Cranbrook Road.
16. Cranley Drive—
(a)(east side) between its junction with Eastern Avenue (A12) and a point 30.3m south west of the south western kerbline of Eastern Avenue;
(b)(west side) between its junction with Eastern Avenue (A12) and a point 18.3m south west of the south western kerbline of Eastern Avenue.
17. Crownfield Avenue between its junction with Eastern Avenue (A12) and a point 18.3m north west of the north western kerbline of Eastern Avenue.
18. Danehurst Gardens between its junction with Eastern Avenue (A12) and a point 14m north of the northern kerbline of Eastern Avenue.
19. Denham Drive between its junction with Eastern Avenue (A12) and a point 13.7m north east of the north eastern kerbline of Eastern Avenue.
20. Ellesmere Gardens between its junction with Eastern Avenue (A12) and a point 13.7m north of the northern kerbline of Eastern Avenue.
21. Ethelbert Gardens between its junction with Eastern Avenue (A12) and a point 18.3m north of the northern kerbline of Eastern Avenue.
22. Evanston Gardens between its junction with Eastern Avenue (A12) and a point 18.3m south of the southern kerbline of Eastern Avenue.
23. Glebelands Avenue between its junction with Eastern Avenue (A12) and a point 18.3m south east of the south eastern kerbline of Eastern Avenue.
24. Grenfell Gardens—
(a)(east arm) between its junction with the south eastern kerbline of Eastern Avenue and a point opposite the western wall of 1116 and 1118 Eastern Avenue;
(b)(west arm) between its junction with the eastern kerbline of Aldborough Road South and a point opposite the southern wall of 996 and 998 Eastern Avenue.
25. Hainault Road between its junction with Eastern Avenue (A12) and a point 26m north of the northern kerbline of Eastern Avenue.
26. Horns Road between its junction with Eastern Avenue (A12) and a point 43m north of the northern kerbline of Eastern Avenue.
27. Inglehurst Gardens between its junction with Eastern Avenue (A12) and a point 12.5m north of the northern kerbline of Eastern Avenue.
28. King George Avenue between its junction with Eastern Avenue (A12) and a point 36.3m north of the north western kerbline of Eastern Avenue.
29. Lancing Road between its junction with Eastern Avenue (A12) and a point 18.3m south east of the south eastern kerbline of Eastern Avenue.
30. Ley Street between its junction with Eastern Avenue (A12) and a point opposite the party wall of 7 and 8 Central Parade, Ley Street.
31. Leyswood Drive between its junction with Eastern Avenue (A12) and a point 12m north west of the north western kerbline of Eastern Avenue.
32. Lonsdale Crescent between its junction with Eastern Avenue (A12) and a point 18.3m south west of the south western kerbline of Eastern Avenue.
33. Lynton Crescent between its junction with Eastern Avenue (A12) and a point 18.3m south west of the south western kerbline of Eastern Avenue.
34. Milton Crescent between its junction with Eastern Avenue (A12) and a point 18.3m south west of the south western kerbline of Eastern Avenue.
35. Oaks Lane—
(a)(west side) between its junction with Eastern Avenue (A12) and a point 42m north of the north western kerbline of Eastern Avenue;
(b)(east side) between its junction with Eastern Avenue (A12) and a point 26m north of the north western kerbline of Eastern Avenue.
36. Otley Approach between its junction with Eastern Avenue (A12) and a point 18.3m north east of the north eastern kerbline of Eastern Avenue.
37. Parham Drive between its junction with Eastern Avenue (A12) and a point 18.3m north east of the north eastern kerbline of Eastern Avenue.
38. Perth Road between its junction with Eastern Avenue (A12) and a point opposite the party wall of 39 and 41 Perth Road.
39. Preston Drive between its junction with Eastern Avenue (A12) and a point 10m north of the northern kerbline of Eastern Avenue.
40. Quebec Road between its junction with Eastern Avenue (A12) and a point 18.3m south west of the south western kerbline of Eastern Avenue.
41. Ramsgill Drive between its junction with Eastern Avenue (A12) and a point 13m north west of the north western kerbline of Eastern Avenue.
42. Redbridge Lane East between its junction with Redbridge roundabout (A12) and a point 18.3m north east of the north eastern kerbline of the Redbridge roundabout.
43. Redbridge Lane West between its junction with Eastern Avenue (A12) and a point 10m south west of the south western kerbline of Eastern Avenue.
44. Royston Gardens between its junction with Redbridge roundabout (A12) and a point 13m south west of the south western kerbline of Eastern Avenue.
45. Silverdale Avenue between its junction with Eastern Avenue (A12) and a point 10m south east of the south eastern kerbline of Eastern Avenue.
46. Somerville Road between its junction with Eastern Avenue (A12) and a point 10m south of the southern kerbline of Eastern Avenue.
47. South View Crescent between its junction with Eastern Avenue (A12) and a point 18.3m south west of the south western kerbline of Eastern Avenue.
48. Springfield Drive between its junction with Eastern Avenue (A12) and a point 18.3m east of the north eastern kerbline of Eastern Avenue.
49. Stapleford Avenue between its junction with Eastern Avenue (A12) and a point 16.5m north west of the north western kerbline of Eastern Avenue.
50. Studley Drive between its junction with Eastern Avenue (A12) and a point 18.3m south of the southern kerbline of Eastern Avenue.
51. Suffolk Road between its junction with Eastern Avenue (A12) and a point 18.3m south east of the south eastern kerbline of Eastern Avenue.
52. The Drive between its junction with Eastern Avenue (A12) and a point 18.3m south east of the southern kerbline of Eastern Avenue.
53. Windermere Gardens between its junction with Eastern Avenue (A12) and a point 18.3m north of the northern kerbline of Eastern Avenue.
54. Yoxley Drive between its junction with Eastern Avenue (A12) and a point 11.5m north east of the north eastern kerbline of Eastern Avenue.
55. Maybank Road between its junction with the South Woodford to Barking Relief Road (A406) and a point 11m north east of the north eastern kerbline of the South Woodford to Barking Relief Road.
56. Mulberry Way between its junction with the South Woodford to Barking Relief Road (A406) and a point 9m south west of the south western kerbline of the South Woodford to Barking Relief Road.
57. Royston Gardens between its junction with the South Woodford to Barking Relief Road (A406) and a point 5m south west of the south western kerbline of the South Woodford to Barking Relief Road.
58. Avery Gardens between its junction with Woodford Avenue (A1400) and a point 18.3m south west of the south western kerbline of Woodford Avenue.
59. Beechwood Gardens between its junction with Woodford Avenue (A1400) and a point 12m north east of the north eastern kerbline of Woodford Avenue.
60. Beehive Lane between its junction with Woodford Avenue (A1400) and a point opposite the north western boundary of 241 Beehive Lane.
61. Brantwood Gardens between its junction with Woodford Avenue (A1400) and a point 18.3m south west of the south western kerbline of Woodford Avenue.
62. Chigwell Road—
(a)(south arm) between its junction with Charlie Brown’s roundabout (A1400) and a point 30m south west of the southern kerbline of Charlie Brown’s roundabout;
(b)(north arm) between its junction with Woodford Avenue (A1400) and a point 40m north of the northern kerbline of Charlie Brown’s roundabout.
63. Clayhall Avenue between its junction with Woodford Avenue (A1400) and a point 5m north east of the north eastern kerbline of Woodford Avenue.
64. Collinwood Gardens between its junction with Woodford Avenue (A1400) and a point 17m north east of the north eastern kerbline of Woodford Avenue.
65. Gantshill Crescent between its junction with Woodford Avenue (A1400) and a point 18.3m north east of the north eastern kerbline of Woodford Avenue.
66. Glenwood Gardens between its junction with Woodford Avenue (A1400) and a point 13.7m north east of the north eastern kerbline of Woodford Avenue.
67. Grasmere Gardens between its junction with Woodford Avenue (A1400) and a point 18.3m south west of the south western kerbline of Woodford Avenue.
68. Herent Drive between its junction with Woodford Avenue (A1400) and a point 7.5m north east of the north eastern kerbline of Woodford Avenue.
69. Highwood Gardens between its junction with Woodford Avenue (A1400) and a point 13m north east of the north eastern kerbline of Woodford Avenue.
70. Keswick Gardens between its junction with Woodford Avenue (A1400) and a point 12m south west of the south western kerbline of Woodford Avenue.
71. Lechmere Approach between its junction with Southend Road (A1400) and a point 10m north east of the north eastern kerbline of Woodford Avenue.
72. Lodge Hill between its junction with Woodford Avenue (A1400) and a point 10m south west of the south western kerbline of Woodford Avenue.
73. Longwood Gardens between its junction with Woodford Avenue (A1400) and a point 22.9m south west of the south western boundary of 6 Longwood Gardens.
74. Lord Avenue between its junction with Woodford Avenue (A1400) and a point 9m north east of the north eastern kerbline of Woodford Avenue.
75. North View Drive between its junction with Southend Road (A1400) and a point 12m north east of the north eastern kerbline of Southend Road.
76. Redbridge Lane East between its junction with Woodford Avenue (A1400) and a point opposite the party wall of 5 and 6 High View Parade, Redbridge Lane East.
77. Roding Lane North between its junction with Southend Road (A1400) and a point 14m north east of the north eastern kerbline of Southend Road.
78. Roding Lane South between its junction with Southend Road (A1400) and a point 8m south west of the south western kerbline of Southend Road.
79. Unnamed service road (off Woodford Avenue—north east side) between its northern junction with Woodford Avenue (A1400) and the party wall of 38A and 38 Woodford Avenue.
80. Unnamed service road (off Southend Road (A1400))
(a)(west arm) between its junction with North View Drive and a point 5m south east of the south eastern kerbline of North View Drive;
(b)(east arm) between its junction with Roding Lane North and a point 5m north west of the north western kerbline of Roding Lane North.
81. Wycombe Road between its junction with Woodford Avenue (A1400) and a point 18.3m south west of the south western kerbline of Woodford Avenue.
(This note is not part of the Order)
This Order designates the whole of the London borough of Redbridge (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.
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).