Appendix 4 – Draft Traffic Regulation Order, as advertised

 

 

EAST SUSSEX COUNTY COUNCIL

 

ROAD TRAFFIC REGULATION ACT 1984, ROAD TRAFFIC ACT 1991 &

TRAFFIC MANAGEMENT ACT 2004

 

EAST SUSSEX COUNTY COUNCIL (PROHIBITION AND RESTRICTION OF WAITING, NO STOPPING, LOADING, UNLOADING AND PARKING PLACES) (LEWES DISTRICT CONSOLIDATION) ORDER 2025 Amendment No 1 2025

 

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, 46, 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.     Commencement and citation

This Order may be cited as “EAST SUSSEX COUNTY COUNCIL (PROHIBITION AND RESTRICTION OF WAITING, NO STOPPING, LOADING, UNLOADING AND PARKING PLACES) (LEWES DISTRICT CONSOLIDATION) ORDER 2025 Amendment No 1 2025” and shall come into effect on xxxxxx

 

2.       When this Order comes into effect:

 

(i)           EAST SUSSEX COUNTY COUNCIL (PROHIBITION AND RESTRICTION OF WAITING, NO STOPPING, LOADING, UNLOADING AND PARKING PLACES) (LEWES DISTRICT CONSOLIDATION) ORDER 2025 Amendment No 1 2025 as amended, shall have effect except as hereinafter contained.

 

Without prejudice to the validity of anything done prior or to any liability incurred in respect of any act or omission before the coming into operation of this Order, EAST SUSSEX COUNTY COUNCIL (PROHIBITION AND RESTRICTION OF WAITING, NO STOPPING, LOADING, UNLOADING AND PARKING PLACES) (LEWES DISTRICT CONSOLIDATION) ORDER 2025 Amendment No 1 2025,have effect subject to the variations, insertions, substitutions, removals, and additions specified in the map schedules and map schedule legends of this Order:-

 

1) Map schedule legend and map schedule for TRO/515 consisting of;

 

Map 1 of 20

Map 6 of 20

Map 11 of 20

Map 16 of 20

Map 2 of 20

Map 7 of 20

Map 12 of 20

Map 17 of 20

Map 3 of 20

Map 8 of 20

Map 13 of 20

Map 18 of 20

Map 4 of 20

Map 9 of 20

Map 14 of 20

Map 19 of 20

Map 5 of 20

Map 10 of 20

Map 15 of 20

Map 20 of 20

 

(ii)         Part I – Preliminary - Interpretation shall be amended: by adding the following definitions



“school entrance markings” means an area of carriageway of a specified road which is comprised within the road markings prescribed in The Traffic Signs Regulations and General Directions 2002;


“entrance marking” means an area of carriageway as shown by the order plans where a vehicle must not stop;



(iii)       Part II - Waiting and Loading restrictions and designation of Parking Place shall be amended by adding the following definitions:

3

(4)

Save as provided in Article 3(5), no person shall cause or permit any vehicle to stop on any of the lengths of road and on such days during the permitted hours as specified in the Order Plans as having a ‘No Stopping on Entrance Markings’ restriction.

 

(5)

Nothing in Article 3 (4) of this Section shall render it unlawful to cause or permit any vehicle to wait in the length or road referred to in that Article for so long as may be necessary to enable:-

 

(a)

The vehicle to be used for emergency services purposes;

 

(b)

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;

 

(6)

No person shall cause or permit a bus or coach to wait in any road or length of road in Lewes District

 

         

 

(iv)        Part III – Contraventions and Penalty Charge shall be amended by adding the following definitions:

 

6.4

A Penalty Charge Notice shall also be served by post by the Council (the

enforcement authority) as defined in The Civil Enforcement of Parking

Contraventions (England) General Regulations (CEPCGR) 2007 or any re-enactment or modification thereof from time to time in force where;

 

(a)

on the basis of a record produced by an approved device, the authority

has reason to believe that a penalty charge is payable with respect to a

vehicle which is stationary in a civil enforcement area; or

 

(b)

A civil enforcement officer had begun to prepare a penalty charge notice

for service in accordance with regulation 9 of CEPGCR, but the vehicle

concerned was driven away from the place in which it was stationary

before the civil enforcement officer had finished preparing the penalty

charge notice or had served it in accordance with regulation 9 of

CEPGCR,

 

and references in these Regulations to a "regulation 10 penalty charge notice"

are to a penalty charge notice served by virtue of this paragraph

 

(v)          Part III – Alteration of position, duty to move on, and contravention of restrictions shall be amended by adding the following definitions:

 

 

7.

(4)

Except as provided in this Order, if a person causes or permits a vehicle

to be in a Bus Lane, whether it be for the purposes of driving, waiting,

stopping loading, unloading, or any other reason during the prescribed

hours then a contravention shall be deemed to have occurred and a

penalty charge shall be payable.

 

 

 

THE COMMON SEAL of                                   )

EAST SUSSEX COUNTY COUNCIL                      )

was affixed hereto                                        )

on the xx day of xxxxxxx                               )

Two Thousand and xxxxxx                                      )

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.