Appendix 3 – Draft Traffic Regulation Order, as advertised

 

EAST SUSSEX COUNTY COUNCIL

ROAD TRAFFIC REGULATION ACT 1984, ROAD TRAFFIC ACT 1991 & TRAFFIC MANAGEMENT ACT 2004

THE EAST SUSSEX (BOROUGH OF HASTINGS)(TRAFFIC REGULATION)

(CONSOLIDATION) ORDER 2013 (VARIOUS ROADS) AMENDMENT ORDER 202*

No. *

East Sussex County Council, in exercise of their powers under Sections 1(1), 2(1) to (4), 3(2), 4(2), 32, 35(1) and (3), 45, 49, 51, 52 and 53 of, and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 (“the Act”), as amended, the Road Traffic Act 1991, as amended, Part 6 of the Traffic Management Act 2004, and of all other enabling powers and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the Act hereby make the following Order:-

1.       When this Order comes into effect

(a)      The East Sussex (Borough of Hastings)(Traffic Regulation) (Consolidation) Order 2013, as amended, shall have effect except as hereinafter contained.

(i)       In Article 2, Penalty Charge notice, the following changes shall take place:

 

1.     Delete Article 2.6 and insert Article 2.6 As Follows:

 

Manner of payment of Penalty Charge

The Penalty Charge shall be paid to the Council either by cheque, bankers draft, money order or postal order which shall be delivered or sent by post so as to reach East Sussex County Council, Parking Services, Eastbourne Library, Grove Road, BN21 4TL, no later than the 28th day following the day on which the penalty charge was served, or by credit or debit card or in cash in person at Eastbourne Library, Grove Road, Eastbourne, BN21 4TL or Hastings Library, Brassey Institute, 13 Claremont, Hastings TN34 1HE or Lewes Library, Styles Field, Friars Walk, Lewes BN7 2LZ, by telephone 03456 585500 or via the Council Web Site at www.eastsussex.gov.uk/parking not later than as aforesaid.

 

The Penalty Charge will be discounted by 50% if payment is received by any of the methods aforesaid within 14 days of the date of service of the Penalty Charge

(ii)      Any reference in The East Sussex (Borough of Hastings) (Traffic Regulation) (Consolidation) Order 2013 and any subsequent amendments, to “East Sussex County Council, The Parking Shop, PO box 80, Lewes, BN7 2WU” shall be changed to “East Sussex County Council, Parking Services, Eastbourne Library, Grove Road, BN21 4TL”

 

(iii)    Any reference in The East Sussex (Borough of Hastings) (Traffic Regulation) (Consolidation) Order 2013, and any subsequent amendments, to “The Parking Shop, 32e Kings Road, St Leonards On Sea, TN37 6DX, no later than the 28th day following the day on which the penalty charge was served, or by credit or debit card or cash in person at The Parking Shop, by telephone (08456 801129 – select Option 3) or via the Council Web Site at www.eastsussex.gov.uk/parking not later than as aforesaid.” shall be changed to “East Sussex County Council, Parking Services, Eastbourne Library, Grove Road, BN21 4TL, no later than the 28th day following the day on which the penalty charge was served, or by credit or debit card or in cash in person at Eastbourne Library, Grove Road, Eastbourne, BN21 4TL or Hastings Library, Brassey Institute, 13 Claremont, Hastings TN34 1HE or Lewes Library, Styles Field, Friars Walk, Lewes BN7 2LZ, by telephone 03456 585500 or via the Council Web Site at www.eastsussex.gov.uk/parking not later than as aforesaid.”

 

(iv)     Schedule One, Prohibition of Waiting At Any Time, that this Schedule be amended as follows:

1.     Insert item 14 (b) 2 as follows:

14

Amherst Road

(b)

North Side

2

From a point 10 metres south-east of the prolongation of the boundary of Nos. 27/29, south-eastwards for a distance of 31.5 metres

2.     Delete items 27 (a) 13, 27 (b) 9 and insert items 27 (a) 13, 27 (b) 9 as follows:

27

Battle Road

(a)

North-east Side

13

From its junction with Old Harrow Road, south-eastwards for a distance of 19 metres

27

Battle Road

(b)

South-west Side

9

From the boundary of Nos.457/459, south-eastwards for a distance of 43 metres

3.     Insert item 47 (a) 8 as follows:

47

Bohemia Road

(a)

North-east Side

8

From a point 41 metres north-east of the eastern house wall of No. 1 South Lodge, south-eastwards for a distance of 34 metres

 

4.     Insert item 77 (d) 5 as follows:

77

Castle Hill Road

(d)

South-east Side

5

From a point 13 metres north-east of the north-eastern boundary of No.115, south-westwards for a distance of 3 metres

5.  Insert items 84.4 (a) 1 and 84.4 (a) 2 as follows:

84.4

Chambers Crescent

(a)

Inner Side

1

From a point 6.5 metres north-west of the prolongation of the boundary of Nos. 15/16, north-westwards and north-eastwards for a distance of 12.5 metres

84.4

Chambers Crescent

(a)

Inner Side

2

From a point 5.6 metres north-west of the prolongation of the boundary of Nos. 1/2, north-westwards and south-westwards for a distance of 15 metres

6.  Insert item 86 (b) 3 as follows:

86

Chapel Park Road

(b)

East Side

3

From its junction with St John’s Road, north-westwards for a distance of 10 metres

7.  Insert items 102 (b) 1 and 102 (c) 1 as follows:

102

Coghurst Road

(b)

North-west Side

1

From its junction with Frederick Road, north-westwards for a distance of 8.5 metres

102

Coghurst Road

(c)

South-east Side

1

From its junction with Frederick Road, north-eastwards for a distance of 10 metres

8.  Delete item 115 (c) 1 as follows:

115

Croft Road

(c)

Both Sides

1

From its junction with Priory Road, south-eastwards for a distance of 15 metres

 

9.  Insert item 115 (e) 1 as follows:

115

Croft Road

(e)

Both Sides

1

From its junction with Priory Road, south-eastwards for a distance of 15 metres

10.  Insert item 159.4 (a) 1 as follows:

159.4

Farley Bank

(a)

Both Sides

1

From its junction with Frederick Road, westwards for a distance of 12 metres

11.  Insert item 160.5 (a) 1 as follows:

160.5

Fern Road

(a)

West Side

1

From the south-eastern house wall of No. 79, north-westwards for a distance of 38 metres

12. Insert items 168 (a) 3, 168 (a) 4, 168 (c) 5 and 168 (c) 6 as follows:

168

Frederick Road

(a)

East Side

3

From its junction with Coghurst Road, north-westwards for a distance of 17 metres

168

Frederick Road

(a)

East Side

4

From its junction with Coghurst Road, south-westwards for a distance of 12 metres

168

Frederick Road

(c)

West Side

5

From a point 5 metres south-east of the prolongation of the boundary of nos. 189/191, south-eastwards and south-westwards for a distance of 38.5 metres

168

Frederick Road

(c)

West Side

6

From a point 8.5 metres north of the northern house wall of No. 6, south-westwards for a distance to its junction with Farley Bank

13. Delete item 200 (d) 2 and insert item 200 (d) 2 as follows:

200

High Street

(d)

East and South-east Side

2

From a point 1 metre south of the boundary of Nos. 60/61A, north-eastwards to the boundary of Nos. 56/57

14. Insert items 210 (a) 5 and 210 (a) 6 as follows:

210

Holmesdale Gardens

(a)

Inner Side

5

From a point 36.5 metres west of its southern junction with Cornwallis Gardens, south-westwards for a distance of 

5.5 metres.

210

Holmesdale Gardens

(a)

Inner Side

6

From a point 56 metres east of its junction with Cornwallis Gardens, south-eastwards for a distance of

6 metres.

15. Insert items 222.5 (a) 1, 222.5 (a) 2 and 222.5 (a) 3, as follows:

222.5

Kent Road

(a)

North-east Side

1

From a point 9.5 metres north-west of the prolongation of the south-eastern house wall of No. 1 Northampton Way, north-westwards for a distance of 24 metres

222.5

Kent Road

(a)

North-east Side

2

From the prolongation of the south-eastern house wall of No. 1 Northampton Way, south-eastwards for a distance of 22 metres

222.5

Kent Road

(a)

North-east Side

3

From the prolongation of the boundary of Nos. 7/9, north-eastwards for a distance of 21 metres

16. Insert items 230.5 (a) 1 and 230.5 (b) 1 as follows:

230.5

Lincoln Close

(a)

North Side

1

From its junction with Kent Road, south-eastwards for a distance of 16.5 metres

230.5

Lincoln Close

(b)

South Side

1

From its junction with Kent Road, eastwards for a distance of 7 metres

17. Delete item 275 1 (b) 1 and insert item 275 (b) 1 as follows:

275

Newgate Road

(b)

South-east Side

1

From its junction with Bohemia Road, north-eastwards for a distance of 10 metres

18. Insert item 275.5 (a) 1 as follows:

275.5

Norfolk Drive

(a)

Both Sides

1

From its junction with Kent Road, north-eastwards for a distance of 6 metres

19. Insert items 275.6 1 (a) 1 and 275.6 (b) 1 as follows:

275.6

Northampton Way

(a)

North Side

1

From its junction with Kent Road, south-eastwards for a distance of 3.5 metres

275.6

Northampton Way

(b)

South Side

1

From its junction with Kent Road, north-eastwards for a distance of 5 metres

20. Insert item 288 (b) 1 as follows:

288

Old Harrow Road

(b)

South-east Side

1

From its junction with Battle Road, north-eastwards for a distance of 5.5 metres

21. Insert item 349.5 (a) 1 as follows:

349.5

Selmeston Close

(a)

Both Sides

1

From its junction with Amherst Road, north-eastwards for a distance of 7.8 metres

22. Insert item 362.5 (a) 1 as follows:

362.5

Spring Street

(a)

Both Sides

1

From its junction with Tower Road, south-eastwards for a distance of 10 metres

23. Insert item 375 (a) 2 as follows:

375

St John’s Road

(a)

North-east Side

2

From its junction with Chapel Park Road, south-eastwards for a distance of 10 metres

24. Insert item 406.5 (a) 1 as follows:

406.5

Sydney Close

(a)

South-west Side

1

From the prolongation of the boundary of Nos. 10/11, westwards and north-westwards for a distance of 110 metres

25. Delete item 437 (b) 1 and insert item 437 (b) 1 as follows:

437

Waldegrave Street

(b)

South-east Side

1

From a point 2 metres from its south-west corner, north-eastwards for a distance of 2.2 metres

26. Delete item 449 (b) 3 and insert item 449 (b) 3 as follows:

449

West Hill Road

(b)

North Side

3

From a point 4.5 metres west of the prolongation of the boundary of Nos. 76/78 westwards and north-westwards for a distance of 72 metres

(v)      Schedule Twelve, Residents Parking Places for Residents Permit Holders, Residents Visitors, & Business User Permit Holders Only, 9.00am to 8.00pm On All Days, that this Schedule be amended as follows:

 

1.  Area D Wellington – delete item 2 (b) 1 and insert item 2 (b) 1 as follows:

 

2

Castle Hill Road

(b)

South Side

1

From a point 10 metres north-east of the north-eastern boundary of No.115, south-westwards for a distance of 80.5 metres

(vi)     Schedule Thirteen (Residents, Residents Visitors, & Business User Permit Holders Excepted), Waiting Area Parking Places Limited to Two Hours in any period of Four Hours, Monday to Saturday 9.00am to 6.00pm, that this Schedule be amended as follows:

 

1.  Area H Braybrooke – delete item 9 (b) 1 and insert item 9 (b) 1 as follows:

 

9

Stanley Road

(b)

South-east Side

1

From a point 10 metres north-east of its junction with Wykeham Road, north-eastwards to a point 27 metres south-west of its junction with Priory Avenue

2.  Area K Gensing – delete item 1 (a) 1 and insert item 1 (a) 1 as follows:

 

1

Alfred Street

(a)

North-west Side

1

From a point 6 metres north-east of its junction with Gensing Road, north-eastwards to a point 2 metres north-east of the boundary of Nos. 16/17

 

3.  Area L Holmesdale – delete items 1 (a) 3, 1 (b) 3 and insert items 1 (a) 3, 1 (a) 4, 1 (b) 3, 1 (b) 4 as follows:

 

1

Holmesdale Gardens

(a)

Inner Side

 

3

From a point 14 metres west of its southern junction with Cornwallis Gardens, south-westwards for a distance of 

22.5 metres

1

Holmesdale Gardens

(a)

Inner Side

 

4

From a point 42 metres west of its southern junction with Cornwallis Gardens, south-westwards for a distance of

27.5 metres

1

Holmesdale Gardens

(b)

Outer Side

 

3

From a point 27 metres south-east of the boundary of Nos. 11/13, south-eastwards then eastwards for a distance of 59.5 metres

 

 

1

Holmesdale Gardens

(b)

Outer Side

 

4

From a point 27 metres east of its junction with Cornwallis Gardens, south-eastwards for a distance of 29 metres

4.  Area I Linton – remove Linton Road (Nos 1 to 11 and 47 to 62) from the list of qualifying streets and insert Linton Road (except Nos 30, 33, The Courtyard Linton Road and Linton Court).

 

5.  Area I Linton – delete item 3 (b) 2 and insert item 3 (b) 2 as follows:

 

3

Linton Road

(b)

West Side

2

From a point 4 metres north of the boundary of Nos. 10/11, southwards to its junction with Linton Crescent

6.  Area I Linton - delete item 3 (a) 4 as follows:

 

3

Linton Road

(b)

West Side

4

From the boundary of Nos. 5/6, southwards to its junction with Linton Crescent

(vii)   Schedule Sixteen, On Street Pay And Display Parking Places At Hastings, Waiting Area Limited To Two Hours In Any Period Of Four Hours, 9.00am to 6.00pm On All Days, that this Schedule be amended as follows:

 

1.  Delete item 6 (a) 4 as follows:

 

6

High Street

(a)

South-east Side

 

4

From a point 44 metres north of its junction with East Beach Street, northwards for a distance of 10 metres

(viii) Insert a new Section and Schedule Sixteen D as follows:

 

Section Sixteen D

On Street Pay And Display Parking Places At Hastings

Waiting Area Limited To Four Hours In Any Period Of Eight Hours

9.00am to 8.00pm On All Days

 

1

Each area on a highway in the Borough of Hastings which is specified in the Schedule to this Section is hereby designated as a parking place.

 

2

The limits of each parking place, and the limits of parking space in a parking place, shall be indicated in such manner as East Sussex County Council may determine.

 

3

Each parking place may be used, in accordance with and subject to the provisions of this Section, for the leaving during the charging hours of passenger vehicles, goods vehicles, disabled persons’ vehicles, dual purpose vehicles, invalid carriages, motorcycles or motor tricycles.

 

4

Where, in the Schedule to this Section, a parking place or any part thereof is described as being available for use by vehicles of a specified class or in a specified position, the driver of a vehicle shall not permit it to wait in that parking place:-

 

 

(a)

unless it is one of the specified classes described in Article 3 above; or

 

 

(b)

in a position other than that specified.

 

5

 

 

 

When a vehicle is left in a parking place during the charging hours, whether or not the vehicle was brought into the parking place during those hours, the driver thereof shall pay a charge (hereinafter referred to as the ‘minimum parking charge’) in accordance with the following provisions of this Section.

 

6

Notwithstanding any other provision in this Section, in all cases, for any vehicle left during the charging hours in a parking place specified in the Schedule to this Section:

 

 

(a)

The minimum parking charge payable shall be as set in the Structure of Tariffs contained elsewhere in this Order, or any other amount made by any subsequent Notice of Variation or Order made by East Sussex County Council

 

 

(b)

The minimum parking charge payable shall be payable for an initial duration of waiting which does not exceed the period shown in the Structure of Tariffs.

 

 

(c)

The maximum period of waiting shall not exceed four hours.

 

 

(d)

The maximum charge payable for a motor-cycle or motor-tricycle shall not exceed the equivalent hourly rate applicable to the parking place where the motor-cycle or motor-tricycle is waiting.

 

7

The minimum parking charge payable shall be payable, on the leaving of the vehicle in a parking place specified in the Schedule to this Section, by the insertion in the ticket machine relating to the parking place in which the vehicle is left coins of the denomination of 5p, 10p, 20p, 50p, £1 of £2 or, by such other method as the Council may authorise, to make up the amount of the minimum parking charge for the period for which payment is being made; and where more coins than one are required, they shall be inserted in the ticket machine immediately one after the other.

 

8

Upon payment of the minimum charge for the vehicle, the driver thereof shall exhibit on that vehicle, in accordance with the provisions of Article 9 of this Section, a ticket issued by a ticket machine relating to the parking place in which the vehicle is left.

 

9

The ticket referred to in Article 8 above shall be clearly and continuously exhibited on the vehicle:-

 

 

(a)

where the vehicle is fitted with a front glass windscreen extending across the vehicle to the near side: facing forwards on the near side of the glass of such windscreen, behind the glass; or

 

 

(b)

where the vehicle is not fitted with a front glass windscreen: on the near side of the vehicle, facing towards the near side of the road;

 

 

but in all cases so that the time shown on the ticket is clearly visible to a person standing at the near side of the vehicle.

 

10

No vehicle which has been taken away from a parking place after the minimum charge had been incurred shall, until the expiration of four hours from the time it was taken away, again be left in that parking place during the charging hours.

 

11

If, at any time while a vehicle is left in a parking place during the charging hours, no ticket is exhibited on that vehicle in accordance with the provisions of Article 9 of this Section, and a Civil Enforcement Officer has reason to believe that the minimum charge has not been duly paid, or if the vehicle has been left otherwise than authorised by another Article within this Section in a designated parking place, or beyond the period of parking which has been paid for, he may:-

 

 

(a)

fix a penalty charge notice to the vehicle (hereinafter referred to as ‘the penalty charge’); or

 

 

(b)

give such a notice to the person appearing to him to be in charge of the vehicle; and

 

 

(c)

arrange for the vehicle to be removed from the parking place by any person duly authorised by East Sussex County Council, who shall provide for the safe custody of the vehicle where it is so removed; or

 

 

(d)

cause to be altered the position of the vehicle in order that its position shall comply with those provisions; or

 

 

(e)

in the case of emergency cause to be moved any vehicle left in a parking place to any place he thinks fit.

 

12

In the case of a vehicle in respect of which a penalty charge may have been incurred, a Civil Enforcement Officer shall have the power to attach to the vehicle in a conspicuous position a penalty charge notice

 

13

The period for which a vehicle may be left in a parking place during the charging hours after the penalty charge has been incurred shall not exceed two hours.

 

14

Where a notice has been attached to a vehicle in accordance with the provisions of Article 12 of this Section, no person (not being the driver of the vehicle, or a person duly authorised by East Sussex County Council shall remove the notice from the vehicle unless authorised to do so by the driver.

 

15

The Penalty Charge shall be paid to the Council either by cheque, bankers draft, money order or postal order which shall be delivered or sent by post so as to reach East Sussex County Council, Parking Services, Eastbourne Library, Grove Road, BN21 4TL, no later than the 28th day following the day on which the penalty charge was served, or by credit or debit card or in cash in person at Eastbourne Library, Grove Road, Eastbourne, BN21 4TL or Hastings Library, Brassey Institute, 13 Claremont, Hastings TN34 1HE or Lewes Library, Styles Field, Friars Walk, Lewes BN7 2LZ, by telephone 03456 585500 or via the Council Web Site at www.eastsussex.gov.uk/parking not later than as aforesaid.

 

16

The Council shall -

 

 

(a)

cause the limits of the parking places to be indicated on the carriageway by placing and maintaining thereof the appropriate traffic signs;

 

 

(b)

place and maintain on or in the vicinity of each parking place appropriate traffic signs for indicating that such parking places may be used for the leaving of the appropriate vehicles specified in Article 1 of this Section;

 

 

(c)

install ticket machines at or in the vicinity of the parking places in such positions as East Sussex County Council think fit, and the County Council. or any other person who is duly authorised by them, shall carry out such other works and maintenance, as is reasonably required for the purposes of the satisfactory operation of the parking places; and

 

 

(d)

carry out such other work as is reasonably required for the purposes of the satisfactory operation of a parking place.

 

17

(a)

Any vehicle which clearly and continuously displays a disabled person’s badge issued by any local authority such that;

 

 

 

(i)

in the case of a vehicle fitted with a dashboard or facia panel, the badge is exhibited thereon so that Part 1 of the badge is legible from the outside of the vehicle; or

 

 

 

(ii)

in the case of a vehicle not fitted with a dashboard or facia panel, the badge is exhibited in a conspicuous position on the vehicle so that Part 1 of the badge is legible from the outside of the vehicle; and

 

 

 

the vehicle is left in a parking place that is subject to the provisions of this Section, shall be exempt from the payment of any charge, and from any time limit, specified in the foregoing provisions of, and Schedule to this Section.

 

 

(b)

Any vehicle which clearly and continuously displays a Waiver Certificate issued by East Sussex County Council, such that;

 

 

 

(i)

the Waiver Certificate is displayed in the windscreen of the vehicle to which it relates in such a manner that the details of the vehicle, location and purposes for which it has been issued are clearly visible from the outside of the vehicle; and

 

 

 

the vehicle is left in a parking place that is subject to the provisions of this Section, shall be exempt from the payment of any charge, and from any time limit, specified in the foregoing provisions of, and Schedule to this Section.

 

 

(c)

Without prejudice to the generality of this Article, a vehicle to which this Article applies shall stand in a parking place in accordance with Article 18 of this Section.

 

18

A person causing or permitting any vehicle to wait in a parking place in accordance with the foregoing provisions of this Section and those of Article 23 (a) and (b) (iv), (v), (vi), (vii), (viii) (ix), or (x) shall take all such steps as are necessary so that the vehicle shall stand:

 

 

(a)

(i)

If the parking place is not in a one-way street, in single line parallel to the edge of the carriageway;

 

 

 

(ii)

If the parking place is in a one-way street, that the left or nearside of a vehicle is adjacent to the left hand edge of the carriageway of that the right or off-side of the vehicle is adjacent to the right hand edge of the carriageway;

 

 

 

(iii)

That the distance between the edge of the carriageway and the nearest wheel of the vehicle is not more than 300mm (twelve inches); and

 

 

(b)

that every part of the vehicle is within the limits of a parking space; or

 

 

(c)

wholly within the limits of the parking place in echelon at the angle indicated by lines marking out the position of each parking space.

 

19

Where any vehicle is standing in a parking place in contravention of any of the provisions contained within this Section and a Civil Enforcement Officer has reason to believe that a penalty charge is payable he will act in accordance with the provisions set out in Article 11 of this Section.

 

20

(a)

 

 

Any person duly authorised by East Sussex County Council may suspend the use of a parking place, or any part thereof, whenever such suspension is reasonably considered necessary:-

 

 

 

(i)

for the purpose of facilitating the movement of traffic or promoting its safety;

 

 

 

(ii)

for the purpose of enabling a bus or public service vehicle to wait there; or

 

 

 

(iii)

for the maintenance improvement or reconstruction of the road or the cleaning of gullies in or adjacent to the parking place, the laying, erection, alteration, removal or repair in or adjacent to the parking place of any sewer or of any main, pipe or apparatus or supply of gas, water or electricity or of any telecommunications apparatus as defined in the Telecommunications Act 1984 or the placing, maintenance or removal of any traffic sign, or of a local authority which is being used in pursuance of statutory powers or duties;

 

 

(b)

Any person duly authorised by the Council may suspend for not longer than twenty-four hours the use of a parking place or any part thereof whenever he considers such suspension reasonably necessary:

 

 

 

(i)

for any of the purposes referred to in sub-paragraphs (i), (ii) or (iii) of paragraph (a) of this Article;

 

 

 

(ii)

for the convenience of occupiers of premises adjacent to the parking place on any occasion of the removal of furniture to or from one office dwelling house adjacent to the parking place from or to a depository, another office or dwelling house;

 

 

 

(iii)

on any occasion on which it is likely by reason of some special attraction that any street will be thronged or obstructed; or

 

 

 

(iv)

for the convenience of occupiers of premises adjacent to the parking place at times of weddings, funerals, or on other special occasions.

 

 

(c)

A duly authorised person suspending the use of a parking place or a part thereof in accordance with the provisions of paragraph (a) or, as the case may be, paragraph (b) of this Article shall thereupon place or cause to be placed in or adjacent to that parking place, or as the case may be, that part thereof and the use of which is suspended a traffic sign indicating that waiting by vehicles is prohibited.

 

 

(d)

Save as provided by Article 23 (b) (i), (ii), (iii), or (iv), and to anything done with the permission of the person suspending the use of the parking place or part thereof in pursuance of paragraph (a) of this Article, the provisions of Article 11 will apply to any person who caused or permits a vehicle to wait in any part of a parking place during such period as there is in or adjacent to that part of the parking place a traffic sign placed in pursuance of paragraph (c) of this Article.

 

 

(e)

(i)

Where a parking space or any part thereof is suspended for any of the purposes specified in sub-paragraph (iii) of paragraph (a) of this Article, a charge for the use of that parking space or part thereof to allow for the siting of plant, skips, contractor vehicles, scaffold and related equipment, shall be levied by the Council at the appropriate rate for each day of occupancy as set out in sub-paragraph (ii) of this Article

 

 

 

(ii)

The appropriate rate levied by the Council for the use of any suspended parking space or part thereof as specified in sub-paragraph (i) of this Article will be not more than the maximum daily income from a standard pay and display bay.

 

21

Where a traffic sign indicating the suspension of a parking place or any part thereof has been left in accordance with the provision of paragraph (c) of Article 20 of this Section, no person except a Civil Enforcement Officer or other person duly authorised by the Council shall remove that sign.

 

22

(a)

While any vehicle is in a parking place, no person shall use the vehicle in connection with the sale of any article to any person in or near the parking place or in connection with the selling or offering for sale of his skill or services;

 

 

Provided that nothing in this Article shall prevent the sale of goods from a vehicle -

 

 

 

(i)

if the vehicle is a passenger vehicle, and the goods are immediately delivered at or taken into premises adjacent to the vehicle from which the sale is effective; or

 

 

 

(ii)

if the vehicle is one to which the provisions of Article 23 (b) (viii) of this Section apply; or

 

 

(b)

The driver of a vehicle using a parking place shall stop the engine of the vehicle as soon as the vehicle is in the proper position in the parking place and shall not start the engine except when about to change the position of the vehicle in or to depart from the parking place.

 

23

(a)

Notwithstanding the foregoing provisions of this Section, any vehicle may wait without charge I any of the parking places specified in the Schedule to this Section (other than a parking place or part of a parking place the use of which has been suspended under Article 20 of this Section) if the vehicle is waiting for any of the reasons specified in paragraph (b) of this Article below;

 

 

(b)

Nothing in respect of paragraph (a) above shall apply to any vehicle waiting in any parking place or on any length of carriageway specified in this Section (other than in a parking place or part of a parking place the use of which has been suspended under Article 20 of this Section} for so long as may be necessary to enable:

 

 

 

(i)

A vehicle to wait owing to the driver being prevented from proceeding by circumstances beyond his control or to such waiting being necessary in order to avoid accident;

 

 

 

(ii)

A vehicle to be used for emergency vehicle purposes, or is a vehicle (other than a passenger vehicle) in the service of a local authority being used in pursuance of statutory powers or duties;

 

 

 

(iii)

A vehicle to wait while it is used in connection with the removal of any obstruction to traffic;

 

 

 

(iv)

a vehicle of (and bearing a livery used by) a universal service provider within the meaning ascribed by the Postal Services Act 2000 to be used for the purpose of delivering or collecting postal packets in the course of the provisions of a universal postal service as defined in that Act or, to any vehicle being used in connection with the servicing or cleaning of telephone kiosks;

 

 

 

(v)

a person to board or alight from a vehicle;

 

 

 

(vi)

the vehicle is a security vehicle being used to transport cash or bullion;

 

 

 

(vii)

a vehicle (not being a passenger vehicle) to wait to enable it to be used for any purpose specified in Article 20 (a) (iii) of this Section, whether or not the parking place has been suspended;

 

 

 

(viii)

The vehicle is waiting for the purpose of goods being sold or offered for sale from the vehicle by a person who is licensed to sell goods from a stationary pitch situated in the parking place;

 

 

 

(ix)

The vehicle is waiting to enable it to be used in connection with posting or removing advertising materials in the form of posters on or from, or cleaning windows or chimneys in, premises adjacent to the parking place or length of carriageway in which the vehicle is waiting;

 

 

 

(x)

In any other case if the vehicle is waiting for the purpose of delivering or collecting goods or merchandise, or for loading or unloading at premises adjacent to the parking place.

 

 

(c)

Except as provided by Article 17 and in the foregoing provisions of this Article, the driver of a vehicle shall not cause or permit the vehicle to wait in a parking place during the charging hours without payment of the minimum parking charge.

 

 

(d)

Nothing in the foregoing provisions of this Article shall be taken as authorising anything which would be a contravention of any regulations made or having effect as if made under Section 45 of the Act of 1984.

 

 

Schedule Sixteen D

On Street Pay And Display Parking Places At Hastings

Waiting Area Limited To Four Hours In Any Period Of Eight Hours

9.00am to 8.00pm On All Days

 

1

Cornwallis Gardens

(a)

South-west Side

1

From a point 17 metres north-west of its junction with Cambridge Road, northwest wards for a distance of 23 metres

(ix)    Schedule Seventeen, On Street Pay and Display Parking Places At Hastings Waiting Area Limited To Four Hours In Any Period of Eight Hours 9.00am to 6.00pm On All Days, that this Schedule be amended as follows:

 

1.  Delete item 2 (b) 1 as follows:

2

Cornwallis Gardens

(b)

South-west Side

1

From a point 17 metres north-west of its junction with Cambridge Road, northwest wards for a distance of 23 metres

 

 

(x)      Schedule Nineteen, Disabled Persons Parking Places, that this Schedule be amended as follows:

1.  Delete item 2 (a) 1 and insert item 2 (a) 1 as follows:

2

Alfred Street

(a)

North-west Side

1

From a point 2 metres north-east of the boundary of Nos. 16/17, north-eastwards for a distance of 13.2 metres

2.    Insert items 8 (a) 2 and 8 (a) 3 as follows:

8

Battle Road

(a)

South-west Side

2

From a point 1.3 metres south-west of the prolongation of the boundary of Nos. 137/139, south-eastwards for a distance of 6.6 metres

8

Battle Road

(a)

South-west Side

3

From a point 3.4 metres north-west of the north-western house wall of No. 149, for a distance of 6.6 metres
  1. Insert item 10.02 (a) 1 as follows:

10.02

Bedford Road

(a)

North-east Side

1

From the prolongation of the boundary of Nos. 8/9, north-westwards for a distance of 6.6 metres
  1. Delete item 10.1 (a) 1 as follows:

10.1

Blackman Avenue

(a)

North-east Side

1

From a point 6 metres north-west of its junction with Blackman Avenue, north-westwards for a distance of 5 metres.
  1. Insert item 13 (c) 1 as follows:

13

Burry Road

(c)

North-east Side

1

From a point 8.5 metres south-east from its junction with Sedlescombe Road North, south-eastwards for a distance of 6.6 metres

 

  1. Delete item 17 (a) 1 and insert item 17 (a) 1 as follows:

17

Castle Hill Road

(a)

South-east Side

1

From a point 13 metres north-east of the north-eastern boundary of No.115, north-eastwards for a distance of 12.6 metres
  1. Insert item 23 (a) 1 as follows:

23

Denmark Place

(a)

North Side

1

From a point 2.2 metres east of the boundary of Nos. 24/25 south-westwards for a distance of 14.2 metres
  1. Delete item 25 (a) 1 as follows:

25

Duke Road

(a)

North Side

1

From a point 1.5 metres west of the boundary of Nos. 34/36, eastwards for a distance of 6.6 metres
  1. Delete item 37 (a) 2 and insert item 37 (a) 2 as follows:

37

High Street

(a)

South-east Side

2

From a point 37 metres north of its junction with East Beach Street, northwards for a distance of 12.6 metres
  1. Delete item 39 (b) 1 as follows:

39

Kenilworth Road

(b)

South-west Side

1

From the boundary of Nos. 93/94, south-eastwards for a distance of 6.6 metres
  1. Delete item 41 (a) 1 as follows:

41

Linton Road

(a)

West Side

1

From the boundary of Nos. 5/6, northwards for a distance of 6.6 metres
  1. Insert item 53 (a) 3 as follows:

53

Newgate Road

(a)

South-east Side

3

From a point 16.6 metres north-east of its junction with Bohemia Road, north-eastwards for a distance of 6.6 metres
  1. Insert item 67 (a) 1 as follows:

67

Rye Road

(a)

South-east Side

1

From a point 1.7 metres south-west of the prolongation of the boundary of Nos. 122/124 and 126/128, north-eastwards for a distance of 6.6metres
  1. Delete item 86 (c) 1 and insert item 86 (c) 1 as follows:

86

The Slides

(c)

South-east Side

1

From the prolongation of the north-western house wall of no. 42, north-east wards for a distance of 6.6 metres
  1. Insert item 97 (a) 3 as follows:

97

Western Road

(a)

South-west Side

1

From the boundary of Nos. 14/15, south-eastwards for a distance of 6.6 metres

(xi)    Schedule Nineteen C , Disabled Persons' Parking Places At All Times with Waiting Limited to Four Hours in any period of Eight Hours between 8am and 6pm On All Days, that this Schedule be amended as follows:

 

1.    Delete item 6 (a) 1 and insert item 6 (a) 1 as follows:

6

Waldegrave Street

(a)

South-west Side

1

From the boundary of Nos. 27/28, south-eastwards to the southern end of Waldegrave Street

 

(xii)   Delete Section and Schedule Twenty, Doctors’ Parking Places

 

(xiii) Schedule Twenty-Eight, Loading Bay 8.00am to 6.00pm On All Days, that this Schedule be amended as follows:

 

1.    Delete item 3 (a) 1 as follows:

 

3

Denmark Place

(a)

North Side

1

From a point 21 metres east of its junction with Albert Road, eastwards for a distance of 24 metres

(xiv)  Schedule Forty-One, Motor-cycle Parking Places At Any Time, that this Schedule be amended as follows:

 

1.    Insert item 3.5 (a) 1 as follows:

 

3.5

Denmark Place

(a)

North Side

1

From a point 12 metres west of the boundary of Nos. 24/25, south-westwards for a distance of 13.6 metres

(xv)   Schedule Forty-Two A, Prohibition of Stopping On the Footway At Any Time, that this Schedule be amended as follows:

  1. Insert item 0.08 (a) 1 as follows:

0.08

Battle Road

(a)

North-east Side

1

From a point 1.1 metres north-west of the prolongation of the boundary of Nos. 64/66, south-eastwards for a distance of 37 metres

(xvi)  Schedule Forty-Three Loading Bays, All Hours, On All Days, that this Schedule be amended as follows:

  1. Insert item 5 (a) 1 as follows:

5

Western Road

(a)

South-west Side

1

From a point 17 metres north west of its junction with Norman Road, north-westwards for a distance of 6 metres

(xvii)   Schedule Fifty-Five A No Stopping Between 8.00am and 9.30am, And Between 2.30pm and 4.00pm Monday to Friday, On School Entrance Markings Except August, that this Schedule be amended as follows:

  1. Delete item 8 (a) 1 and insert item 8 (a) 1 as follows:

8

Sedlescombe Road North

(a)

Both Sides

1

From a point 2 metres south of the boundary of Nos.156/158, southwards for a distance of 37.56 metres

 

 

 

This Order may be cited as “The East Sussex (Borough of Hastings) (Traffic Regulation) (Consolidation) Order 2013 (Various Roads) Amendment Order 202* No. *” and shall come into effect on xx xxxx xxxx

 

 

THE COMMON SEAL of                                   )

EAST SUSSEX COUNTY COUNCIL                      )

was affixed hereto                                        )

on the xxth day of xxxxx                                )

Two Thousand and xxxx                                )

in the presence of:-

 

 

AUTHORISED SIGNATORY

 

H & T Ctte. 2.4.74 - para 4.2 joint report of Director of Legal & Community Services & County Engineer - para 4.