SOUTH GLOUCESTERSHIRE COUNCIL (VARIOUS ROADS, KINGSWOOD) (DESIGNATED TAXI RANKS AND COMMUNITY BUS STOP) ORDER 2003
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- Horace Alexander
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1 SOUTH GLOUCESTERSHIRE COUNCIL (VARIOUS ROADS, KINGSWOOD) (DESIGNATED TAXI RANKS AND COMMUNITY BUS STOP) ORDER 2003 The South Gloucestershire District Council (hereinafter referred to as "the Council") in exercise of its powers under sections 32 and 35 of the Road Traffic Regulation Act 1984 as amended (hereinafter referred to as "the Act of 1984") and of all other enabling powers, after consultation with the chief officer of police in accordance with Part III of Schedule 9 to the Act of 1984, hereby makes the following order:- Commencement and Citation PART I This order shall come into operation on the 19 May 2003 and may be cited as the South Gloucestershire Council (Various Roads, Kingswood) (Designated Taxi Ranks and Community Bus Stop) Order (1) In this order:- "community bus" means a public service vehicle being used as a community bus service and for which a community bus permit has been issued and not withdrawn; community bus service and community bus permit have the same meaning as in section 22 (1) of the Transport Act 1985; "community bus stop" means any area on a highway designated as a community bus stop by Article 15 of this order; "driver", in relation to a vehicle waiting in a taxi rank or in a community bus stop, means the person driving the vehicle at the time it was left in the taxi rank or community bus stop; "enactment" means any enactment whether public, general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment; "licensed taxi" has the same meaning as in section 13(3) of the Transport Act 1985; "permitted hours" means:- a) in Schedule 1 to this order the whole twenty four hours of every day; b) in Schedule 2 to this order the period between 0800 hours and 1800 hours on any day other than a Sunday; c) in Schedule 3 to this order the period between 1800 hours and 0300 hours the following day on any day; and d) in Schedule 4 to this order the period between 0300 hours and 1800 hours on any day.
2 "taxi rank" means any area on a highway designated as a taxi rank by Article 2 of this order; "traffic sign" means a sign of any size, colour and type prescribed or authorised under, or having effect as though prescribed or authorised under, section 64 of the Act of 1984, and "traffic warden" means a traffic warden employed by a police authority in pursuance of sections 95 and 96 of the Act of (2) Any reference in this order to any enactment shall be construed as a reference to that enactment as amended, applied, consolidated, re-enacted by or as having effect by virtue of any subsequent enactment. (3) Any reference in this order to the number of a taxi rank or a community bus stop shall be construed a reference to the letter and number set out in column 1 of each Schedule in relation to the taxi rank or community bus stop referred to in column 2 of the Schedule. Designation of Taxi Ranks PART II DESIGNATION OF TAXI RANKS 2. Each area on a road on a highway comprising the length of carriageway of a road specified in column 2 of Schedule 1 or column 2 of Schedule 2 of column 2 of Schedule 3 to this order and, unless otherwise so specified, bounded on one side by the edge of the carriageway is designated as a taxi rank. 3. The limits of each taxi rank shall be indicated on the carriageway by appropriate traffic signs. Vehicles for which Taxi Ranks are designated 4. Each taxi rank may be used, subject to the provisions of this order, for the waiting for hire during the permitted hours of any licensed taxi. 5. The driver of a vehicle referred to in Article 4 of this order using a taxi rank shall stop the engine as soon as the vehicle is in position in the taxi rank and shall not start the engine except when about to change the position of the vehicle in or to depart from the taxi rank. 6. No person shall use a vehicle while it is in a taxi rank either for the purpose of selling it or in connection with the sale of any article to any person in or near the taxi rank or in connection with the selling or offering for sale of his skill in handicraft or his services in any other capacity or carry out or permit the carrying out of any work of maintenance or repair as may be necessary to enable the vehicle to be moved from the taxi rank. 2
3 Manner of standing in taxi ranks 7. The driver of a vehicle waiting in a taxi rank shall cause it so to stand:- a. in the case of a taxi rank in relation to which special provisions as to the manner of standing of vehicles in that place are specified in column 3 of Schedule 1 or in column 3 of Schedule 2 or in column 3 of Schedule 3 to this order so as to be in accordance with those provisions; b. in the case of any other taxi rank on a road in single line parallel to the edge of the carriageway and so that the distance between the edge of the carriageway and the nearest wheel of the vehicle is not more than three hundred millimetres; and c. so that every part of the vehicle is within the limits of a taxi rank. 8. No person shall leave a vehicle in a taxi rank - a. unless it is a vehicle specified in Article 2 of this order; and b. in a position other than that specified in Article 7 of this order. Power to suspend the use of taxi ranks 9. (1) Any person generally or specially authorised by the Council may suspend the use of any taxi rank or any part thereof whenever that person considers such suspension reasonably necessary - a. for the purpose of facilitating the movement of traffic or promoting its safety; b. for the purpose of any building operation, demolition or excavation in or adjacent to the taxi rank or the maintenance improvement or reconstruction of the taxi rank or the laying, erection, alteration, removal or repair in or adjacent to the taxi rank of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunication apparatus or traffic sign; c. for the convenience of occupiers of premises adjacent to the taxi rank on any occasion of the removal of furniture from one office or dwellinghouse to another or the removal of furniture from such premises to a depository or to such premises from a depository; d. on any occasion on which it is likely by reason of some special attraction that any street will be thronged or obstructed; or e. for the convenience of occupiers of premises adjacent to the taxi rank at times of weddings or funerals, or on other special occasions. (2) A police constable in uniform may suspend for not longer than twenty-four hours the use of a taxi rank or any part thereof whenever that police constable considers such suspension reasonably necessary for the purpose of facilitating the movement of traffic or promoting its safety. 3
4 (3) Any person suspending the use of a taxi rank or any part thereof in accordance with the provisions of paragraph (1) or paragraph (2) of this Article shall thereupon place or cause to be placed in or adjacent to that parking place or the part thereof the use of which is suspended, a traffic sign indicating that waiting by disabled persons' vehicles is prohibited. (4) No person shall cause or permit a vehicle to be left in any part of a taxi rank during such period as there is in or adjacent to that part of the taxi rank a traffic sign placed in pursuance of paragraph (3) of this Article - Provided that nothing in this paragraph shall render it unlawful to cause or permit any vehicle being used for fire brigade, ambulance or police purposes to be left in any part of the taxi rank during such period as is referred to therein, or to any other vehicle so left if that vehicle is left with the permission (i) of the person suspending the use of the taxi rank or the part thereof in pursuance of paragraph (1) of this Article, (ii) of a police constable in uniform or (iii) of a traffic warden. Alteration of position of vehicle in taxi ranks 10. Where a vehicle is standing in a taxi rank in contravention of the provisions of Article 7 of this order, a traffic warden may alter or cause to be altered the position of the vehicle in order that its position shall comply with those provisions. Removal of vehicles from taxi ranks 11. When a vehicle is left in a taxi rank in contravention of any of the provisions contained in Article 2 or Article 9 (4) of this order or when a vehicle other than a vehicle specified in Article 4 is left in a taxi rank in contravention of the provisions of Article 8 of this order, a traffic warden may remove or arrange for the removal of the vehicle from that taxi rank. 12. A traffic warden removing a vehicle by virtue of Article 11 of this order may do so by towing or driving the vehicle or in such other manner as that traffic warden may think necessary and may take such measures in relation to that vehicle as may be thought necessary to enable the removal as aforesaid. Safe custody of vehicles removed from taxi ranks 13. When a traffic warden removes or makes arrangements for the removal of a vehicle from a taxi rank by virtue of Article 12 of this order, that traffic warden shall make such arrangements as may be reasonably necessary for the safe custody of that vehicle. Movement of vehicles in taxi ranks in an emergency 14. Any person generally or specially authorised by the Council or a police constable in uniform or a traffic warden may move or cause to be moved, in case of emergency, to any place he thinks fit any vehicle left in a taxi rank. 4
5 Designation of Community Bus Stops PART III DESIGNATION OF COMMUNITY BUS STOPS 15. Each area on a road on a highway comprising the length of carriageway of a road specified in column 2 of Schedule 4 to this order and, unless otherwise so specified, bounded on one side by the edge of the carriageway is designated as a community bus stop. 16. The limits of each community bus stop shall be indicated on the carriageway by appropriate traffic signs. Vehicles for which Community Bus Stops are designated 17. Each community bus stop may be used, subject to the provisions of this order, for the waiting during the permitted hours of any community bus whilst being used as community bus service. 18. The driver of a vehicle using a community bus stop as specified in Article 15 shall stop the engine as soon as the vehicle is in position in the community bus stop and shall not start the engine except when about to change the position of the vehicle in or to depart from the community bus stop. 19. No person shall use any vehicle while it is in a community bus stop either for the purpose of selling it or in connection with the sale of any article to any person in or near the community bus stop Manner of standing in community bus stops 20. The driver of a vehicle waiting in a community bus stop shall cause it so to stand:- a. in the case of a community bus stop in relation to which special provisions as to the manner of standing of vehicles in that place are specified in column 3 of Schedule 4 to this order so as to be in accordance with those provisions; b. in the case of any other community bus stop on a road in single line parallel to the edge of the carriageway and so that the distance between the edge of the carriageway and the nearest wheel of the vehicle is not more than three hundred millimetres; and c. so that every part of the vehicle is within the limits of a community bus stop. 21. No person shall leave a vehicle in a community bus stop - a. unless it is a vehicle specified in Article 3 of this order; and b. in a position other than that specified in Article 8 of this order. 5
6 Power to suspend the use of community bus stops 22. (1) Any person generally or specially authorised by the Council may suspend the use of any community bus stop or any part thereof whenever that person considers such suspension reasonably necessary - a. for the purpose of facilitating the movement of traffic or promoting its safety; b. for the purpose of any building operation, demolition or excavation in or adjacent to the community bus stop or the maintenance improvement or reconstruction of the community bus stop or the laying, erection, alteration, removal or repair in or adjacent to the community bus stop of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunication apparatus or traffic sign; c. for the convenience of occupiers of premises adjacent to the community bus stop on any occasion of the removal of furniture from one office or dwellinghouse to another or the removal of furniture from such premises to a depository or to such premises from a depository; d. on any occasion on which it is likely by reason of some special attraction that any street will be thronged or obstructed; or e. for the convenience of occupiers of premises adjacent to the community bus stop at times of weddings or funerals, or on other special occasions. (2) A police constable in uniform may suspend for not longer than twenty-four hours the use of a community bus stop or any part thereof whenever that police constable considers such suspension reasonably necessary for the purpose of facilitating the movement of traffic or promoting its safety. (3) Any person suspending the use of a community bus stop or any part thereof in accordance with the provisions of paragraph (1) or paragraph (2) of this Article shall thereupon place or cause to be placed in or adjacent to that parking place or the part thereof the use of which is suspended, a traffic sign indicating that waiting by disabled persons' vehicles is prohibited. (4) No person shall cause or permit a vehicle to be left in any part of a community bus stop during such period as there is in or adjacent to that part of the community bus stop a traffic sign placed in pursuance of paragraph (3) of this Article - Provided that nothing in this paragraph shall render it unlawful to cause or permit any vehicle being used for fire brigade, ambulance or police purposes to be left in any part of the community bus stop during such period as is referred to therein, or to any other vehicle so left if that vehicle is left with the permission (i) of the person suspending the use of the community bus stop or the part thereof in pursuance of paragraph (1) of this Article, (ii) of a police constable in uniform or (iii) of a traffic warden. 6
7 Alteration of position of vehicle in community bus stops 23. Where a vehicle is standing in a community bus stop in contravention of the provisions of Article 20 of this order, a traffic warden may alter or cause to be altered the position of the vehicle in order that its position shall comply with those provisions. Removal of vehicles from community bus stops 24. When a vehicle is left in a community bus stop in contravention of any of the provisions contained in Article 15 or Article 22(4) of this order or when a vehicle other than a vehicle specified in Article 17 is left in a community bus stop in contravention of the provisions of Article 21 of this order, a traffic warden may remove or arrange for the removal of the vehicle from that community bus stop. 25. A traffic warden removing a vehicle by virtue of Article 24 of this order may do so by towing or driving the vehicle or in such other manner as that traffic warden may think necessary and may take such measures in relation to that vehicle as may be thought necessary to enable the removal as aforesaid. Safe custody of vehicles from community bus stops 26. When a traffic warden removes or makes arrangements for the removal of a vehicle from a community bus stop by virtue of Article 25 of this order, that traffic warden shall make such arrangements as may be reasonably necessary for the safe custody of that vehicle. Movement of vehicles in community bus stops in an emergency 27. Any person generally or specially authorised by the Council or a police constable in uniform or a traffic warden may move or cause to be moved, in case of emergency, to any place he thinks fit any vehicle left in a community bus stop. Given under the Common Seal of South Gloucestershire District Council the 29 th day of April THE COMMON SEAL of SOUTH GLOUCESTERSHIRE DISTRICT COUNCIL was hereunto affixed in the presence of:- Head of Legal and Democratic Services 7
8 SCHEDULE 1 (see Article 2) In relation to a Taxi Rank described in this Schedule the expression "permitted hours" means the whole 24 hours of every day No. of Taxi Rank Designated Taxi Rank Special Manner of standing of vehicles in Taxi Rank 1 TR1 2 All that part of the eastern side of DOWNEND ROAD, Kingswood which is bounded on the east by so much of the edge of the carriageway of that highway as extends from a point 40.2 metres south east of its junction with Kimberley Road in an south easterly direction for a distance of 16.2 metres. 3 None 8
9 SCHEDULE 2 (see Article 2) In relation to a Taxi Rank described in this Schedule the expression "permitted hours" means the period between 8.00 a.m. and 6.00 p.m. - Monday to Saturday (inclusive) No. of Taxi Rank Designated Taxi Rank Special Manner of standing of vehicles in Taxi Rank 1 TR10 2 All that part of the eastern side of MORAVIAN ROAD, Kingswood which is bounded on the west by so much of the edge of the carriageway of that highway as extends from a point 62 metres south of the southern kerbline of Regent Street in a southerly direction for a distance of 11 metres. 3 None 9
10 SCHEDULE 3 (see Article 2) In relation to a Taxi Rank described in this Schedule the expression "permitted hours" means the period between 6.00 p.m. and 3.00 a.m. on any day No. of Taxi Rank Designated Taxi Rank Special Manner of standing of vehicles in Taxi Rank 1 TR20 TR21 2 All that part of the northern side of REGENT STREET, Kingswood which is bounded on the north by so much of the edge of the carriageway of that highway as extends from a point 86.5 metres east of its junction with Downend Road in an easterly direction for a distance of 10.3 metres. All that part of the northern side of REGENT STREET, Kingswood which is bounded on the north by so much of the edge of the carriageway of that highway as extends from a point 58 metres east of its junction with London Street in an easterly direction for a distance of 18 metres. 3 None None 10
11 SCHEDULE 4 (see Article 15) Community Bus Stop operative between 3 a.m. and 6 p.m. on any day (i.e. outside permitted hours of Taxi Rank No. of Community Bus Stop 1 CB1 Designated Community Bus Stop 2 All that part of the northern side of REGENT STREET, Kingswood which is bounded on the north by so much of the edge of the carriageway of that highway as extends from a point 58 metres east of its junction with London Street in an easterly direction for a distance of 18 metres. Special Manner of standing of vehicles in Community Bus Stop 3 None 11
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