Citation and commencement

1. This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Barking and Dagenham) 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 Barking and Dagenham 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 Barking and Dagenham 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 Barking and Dagenham) 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 Barking and Dagenham 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.

Article 3(1)

THE SCHEDULEROADS IN THE LONDON BOROUGH OF BARKING AND DAGENHAM EXCLUDED FROM THE SPECIAL PARKING AREA

1. A13 between the borough boundary with the London borough of Newham and the borough boundary with the London borough of Havering.

2. Eastern Avenue (A12) between the borough boundary with the London borough of Redbridge and the borough boundary with the London borough of Havering.

3. A406 between the northern borough boundary with the London borough of Newham and the southern borough boundary with the London borough of Newham.

Roads adjacent to A13

4. Ballards Road between its junction with New Road (A13) and a point opposite the boundary wall of 190 and 188 Ballards Road.

5. Chequers Lane between its junction with New Road (A13) and a point opposite the boundary wall of 9 and 10 Chequers Lane.

6. Crosby Road between its junction with Oval Road South and a point 41m south west of the boundary wall of 49 and 51 Crosby Road.

7. Dagenham Avenue (leading to Goresbrook Sports Centre) between its junction with Ripple Road (A13) and a point 15m north of that junction.

8. Gale Street between its junction with Ripple Road (A13) and a point of 6m north of that junction.

9. Heathway between its junction with New Road (A13) and a point 10m south of the boundary wall of 2 and 4 Heathway.

10. Kingsbridge Road between its junction with Alfreds Way (A13) and a point 9m south of that junction.

11. King Edwards Road between its junction with Alfreds Way (A13) and a point 15m north west of that junction.

12. Lodge Avenue between its junction with Ripple Road (A123) and a point opposite the boundary wall of 512 and 514 Lodge Avenue.

13. Merrielands Crescent between its junction with Ripple Road (A13) and a point 12m south east of that junction.

14. Morrison Road between its junction with Ripple Road (A13) and a point 11m south of that junction.

15. Movers Lane between its junction with Alfreds Way (A13) and a point 28m south of the boundary wall of 155/157 and 159/161 Movers Lane.

16. New Road (fronting house numbers 19 to 41)-

(a)(west arm) between its junction with New Road (A13) and a point 6.5m north of that junction;

(b)(east arm) between its junction with New Road (A13) and a point 6.5m north of that junction.

17. Oval Road South between its junction with Ballards Road and a point 1m east of the eastern boundary wall of 11 Oval Road South.

18. Pooles Lane between its junction with Ripple Road (A13) and a point 10m south of the southern kerbline of Ripple Road.

19. Renwick Road between its junction with Ripple Road (A13) and a point 20m south west of the southern kerbline of Ripple Road.

20. Review Road between its junction with Ballards Road and a point 40m south east of the boundary wall of 90 and 92 Review Road.

21. Ripple Road (A123) between its junction with Alfreds Way (A13) and a point opposite the boundary wall of 507 and 509 Ripple Road.

22. River Road between its junction with Alfreds Way (A13) and a point 41.5m north of the southern boundary wall of "The Volunteer" public house.

23. South Close between its junction with New Road (A13) an a point 6m north of that junction.

24. Unnamed service road (rear of "Ship and Shovel" public house) between its junction with Ripple Road (A13) and a point 11m south west of that junction.

25. Unnamed service road (access to Water Works Pumping Station) between its junction with Alfreds Way (A13) and a point 10m south of the southern kerbline of Alfreds Way.

26. Unnamed road (linking Oval Road South and New Road A13) between its junction with New Road (A13) and Oval Road South.

27. Westminster Gardens between its junction with Alfreds Ways (A13) and a point 15m south of the southern kerbline of Alfreds Way.

Roads adjacent to A12

28. Whalebone Lane North-

(a)(north arm) between its junction with Eastern Avenue (A12) and a point 114m north of the southern kerbline of Eastern Avenue;

(b)(south arm) between its junction with Eastern Avenue (A12) and a point 134.5m south of the southern kerbline of Eastern Avenue.

Roads adjacent to A406

29. Hertford Road between its junction with London Road (roundabout) and a point 30m north east of the centre triangle island.

30. Highbridge Road between its junction with the southbound unnamed slip road and a point 17m east of the east kerbline of that unnamed slip road.

31. London Road between the borough boundary with the London borough of Newham and a point 32.5m west of the western parapet of River Roding Bridge, including the roundabout.

32. Unnamed southbound slip road between its junction with London Road roundabout and a point 24m south of the southern kerbline of Highbridge Road.

Explanatory Note

(This note is not part of the Order)

This Order designates the whole of the London borough of Barking and Dagenham (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.