Draft Order 2003

Draft Order 2003

North Northamptonshire Council Road Traffic Regulation Act 1984

North Northamptonshire Council (Various roads) (Electric vehicle parking places) (Batch 7) Order 20XX

North Northamptonshire Council (hereinafter referred to as “the Council”) in exercise of the  powers conferred by Sections, 32, 35 to 39 and 45 to 55 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 (“the Act of 1984”), as amended and the Traffic Management Act 2004 and of all other powers them enabling and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the Act of 1984 and with the Traffic Management Act 2004, hereby make the following Order:

Part 1

Citation and interpretation

1. This Order shall come into operation and may be cited as “North Northamptonshire Council (Various Roads) (Electric Vehicle Parking Places) (Batch 7) Order 20XX”.     
2. In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:-
“ambulance” means a vehicle as defined in the Road Traffic Act 1988;
“authorised agent” means the parking services contractor or other approved body appointed by or duly authorised to act on behalf of the Council for the purposes of the supervision and enforcement of this Order;
“authorised Officer” means a Civil Enforcement Officer or any other person duly authorised by the Council for the purposes of this Order;
“bank holiday” means any holidays as defined under the Banking and Financial Dealings Act 1971
“charging lead” means a lead designed to carry electricity between a charging post and an electric vehicle;
“charging post” means an installed device adjacent to a parking place designed for the recharging of the battery of an electric vehicle;
“carriageway” means a way constituting or comprised in a highway being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;
“Civil Enforcement Officer” has the same meaning as that given in section 76 of the Traffic Management Act 2004; 
“driver”, in relation to a vehicle waiting in an electric vehicle parking place or on a road, means the person driving the vehicle at the time it was left or is waiting in that parking place;
“electric vehicle” means a vehicle which can be wholly or partially propelled by electrical motive power derived from an electrical storage battery and can be charged from a mains electrical source external to the vehicle which is not connected to any source of power when the vehicle is in motion;
“electric vehicle parking place” for the purposes of this Order means an area of carriageway defined in Schedule 1 to this Order which is provided for the recharging of electric vehicles by means of a charging post;
“fire brigade” fire service vehicles whilst engaged on operational duties;
“hours” in respect of the hours of operation of electric vehicle parking places means the hours identified in Schedule 1 attached to this Order, any such day not being Christmas Day, Good Friday and any other Bank Holiday;
“owner”, in relation to a vehicle, means the person by whom such vehicle is kept and used;
“penalty charge” has the same meaning as that given in Section 92 of the Traffic Management Act   2004; 
“penalty charge notice” means a notice showing the information required by the Schedule of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007;
“police” police vehicles whilst engaged on operational duties;
“prescribed hours” means the hours identified in Schedule 1.
"telecommunication system" has the same meaning as in the Telecommunications Act 2000;
“the 2016 Regulations” means the Traffic Signs Regulations and General Directions 2016;
“the Council” means North Northamptonshire Council;
“traffic sign” means a sign of any size, colour and type prescribed or authorised pursuant to or have the effect as prescribed or authorised under Section 64 of the Act of 1984.
3. Except where otherwise stated, any reference in this Order to a numbered Article or Schedule is a reference to the Article or Schedule bearing that number in this Order.
4. The prohibitions imposed by this Order shall be in addition to and not in derogation of any restriction, prohibition or requirement imposed by any Regulations or Orders made or having effect as if made under the Act of 1984, or by or under any other enactment.
5. Save where the contrary is indicated, any reference in this Order to:-
(a) this Order or another Order shall be construed as such a reference to this Order or, as the case may be, such other Order, as the same may have been or may from time to time be amended, varied or supplemented;
(b) a Statute or Regulation shall be construed as reference to such Statute or Regulations as the same may have been, or may from time to time be amended or re-enacted

Part 2

Electric vehicle on road parking places

6. (a) The length of road specified in Schedule 1 to this Order is authorised to be used during the prescribed hours, subject to provisions to this Part of this Order, as a parking place for electric vehicles and hybrid petroleum electric vehicles only.
(b) The electric vehicle parking places are to operate at any time for use by electric vehicles only. A maximum stay of 4 hours is enforced during the hours of 8am and 6pm, during which times an electric vehicle is required to be receiving a charge from the charging point in order to park legally. A no return within one hour restriction applies. Outside of the hours of 8am and 6pm, no maximum stay restriction applies, however an electric vehicle is required to be receiving a charge from the charging point in order to park legally. 
(c) Nothing in paragraph (a) of this Article shall apply so as to permit a trailer, whether or not attached to a vehicle, to park at any time in an electric vehicle parking place.
(d) No person shall park any street trading vendor's vehicle in an electric vehicle parking place or use any such vehicle while it is in such a parking place, 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 hire of his skill or services, provided that nothing in this Article:-
1) shall prevent the sale of goods from a vehicle if the vehicle is of a class specified in paragraph (a) of this Article and if the goods are immediately delivered at or taken into premises adjacent to the vehicle from which the sale is effected; or
2) shall apply if the person has obtained the written consent of the Council before doing so.
7. No person shall except with the permission or under the direction of a police officer in uniform, a traffic warden or Civil Enforcement Officer cause or permit any vehicle to park during the prescribed hours every day of the week except under the Bank Holiday in any of the lengths of road specified in Schedule 1 hereto unless that vehicle is of a class specified in Article 6.
8. A vehicle which is present in an electric vehicle parking place specified in Schedule 1 at the commencement of the hours of operation of any restrictions imposed by this Order shall be deemed to have been left in that parking place at the commencement of that period of operation of that parking place.
9. The driver of a vehicle using an electric vehicle parking place shall stop the engine as soon as the vehicle is in position in the parking place and shall not start the engine of the vehicle except when to depart from the parking place.
10. (a) A Police Officer or authorised officer  may in case of emergency move or cause to be moved any vehicle left in an electric vehicle parking place to any place he / she thinks fit.
(b) Any person authorised to remove a vehicle or alter its position by virtue of paragraph (a) of this Article may do so by towing or driving the vehicle or in such other manner as he / she may think necessary and may take such measures in relation to the vehicle as he / she may think necessary to enable him to remove it or alter its position as the case may be.
11. Nothing in this Part of this Order shall render it a contravention of this Order to cause or permit a vehicle to park during the prescribed hours in an electric vehicle parking place specified in Schedule 1 for so long as may be necessary:
(a) when the person in control of the vehicle is required by law to stop or is obliged to stop in order to avoid an accident or is prevented from proceeding by circumstances outside his control;
(b) to enable a person alight from the vehicle;
(c) to enable the vehicle if it cannot reasonably be used for such purpose in any other road to be used in connection with any of the following:
1) for demolition operations;
2) the removal of any obstruction to traffic;
3) the laying, erection or repair of any sewer, main, pipe or apparatus for the supply gas, water, electricity or any telecommunication system defined by the Telecommunications Act 2000;
4) use for police, fire brigade or ambulance undertaking statutory duties;
12. No person shall cause or permit a vehicle to park in an electric vehicle parking place by virtue of the provisions of paragraph (c) of Article 11 above otherwise than:
(a) 1) unless the length of the vehicle precludes compliance with this paragraph, so that every part of the vehicle is within the limits of an electric vehicle parking space; or
2) if the length of the vehicle precludes compliance with the preceding paragraph, so that the longitudinal axis of the vehicle is parallel to the edge of the carriageway nearest to the vehicle.
13. (a) Any person authorised by the Council may suspend the use of an electric vehicle parking place or any part thereof whenever and for such duration as the Council considers such suspension reasonably necessary:
1) for the purpose of facilitating the movement of traffic or promoting its safety;
2) for the purpose of demolition operations;
3) for the purpose of the maintenance, improvement or reconstruction of the parking place;
4) for the purpose of the laying, erection or repair of any sewer, main, pipe or apparatus for the supply of gas, water, electricity or any telecommunication system defined by the Telecommunications Act 2000;
5) on any occasion on which it is likely by reason of some special attraction that any road will be thronged or obstructed;
6) for the convenience of occupiers of premises adjacent to the electric vehicle parking place at times of weddings or funerals
(b) A police officer in uniform, traffic warden or Civil Enforcement Officer may suspend for not longer than twenty-four hours the use of an electric vehicle parking place or any part thereof whenever he / she considers such suspension reasonably necessary for the purpose of facilitating the movement of traffic or promoting its safety.
(c) Without prejudice and in addition to all other enabling powers the Council shall have the power from time to time as it deems appropriate to close or suspend for as long as it considers necessary the use of an electric vehicle parking place for the purpose of enabling such parking place to be used by exhibition or public information vehicles of official or quasi-official authorities or bodies whose contents are intended to be and are made available for inspection by and for the public without any charge of any kind being made to the public.
14. On the suspension of the use of an electric vehicle parking places or any part thereof in accordance with the provisions of Article 13 of this Order:-
(a) the person authorising or causing such suspension shall, if the use of the whole or of any part of the electric vehicle parking place is suspended, place or cause to be placed in or adjacent to that parking place a traffic sign indicating that the use of the parking place is suspended and that waiting and loading by vehicles is prohibited;
(b) the person authorising or causing such suspension may, if the use of the whole or part of the electric vehicle parking place is suspended, place or cause to be placed over or on the electric vehicle charging post which relates to that parking place a hood or other cover indicating that the use of the electric vehicle parking place is suspended.
15. (a) Save as provided in paragraph (b) of this Article no person shall cause or permit a vehicle to be left in an electric vehicle parking place or part thereof during any period when there is in or adjacent to that parking place or part thereof a traffic sign placed in pursuance of paragraph (a) of Article 14 of this Order that the whole or part of that parking place has been suspended.

(b) Subject to the overriding requirement that the person in control of the vehicle shall move it on the instruction of a police officer in uniform, a traffic warden or Civil Enforcement Officer whenever such moving shall be necessary for the purpose of preventing obstruction, nothing in paragraph (a) of this Article shall render it a contravention of this Order to cause or permit any vehicle being used for fire brigade, ambulance or police purposes or any vehicle being used for any purpose or eventuality specified in paragraph (a) of Article 14 of this Order to be left in the electric vehicle parking place or part thereof during any such period when the use thereof has been suspended, or to any other vehicle so left if that vehicle is left with the permission of a police officer in uniform, traffic warden or Civil Enforcement Officer.

Part 3

Electric vehicle charging

16. At all times whilst an electric vehicle is waiting in a parking place, the driver shall cause that vehicle to be connected via a recharging lead to the charging post installed in respect of the parking place and be actively receiving charge from the charging post.

Part 4

Contravention charges and enforcement of restrictions

17. If a vehicle is left in a parking place or on any length of road as identified in Schedule 1 to this Order, in contravention of this Order, a penalty charge shall be payable. The period for which a vehicle may be left in a parking place during the prescribed hours after the penalty charge has been incurred shall not exceed one hour.
18. In the case of a vehicle in respect of which a penalty charge is payable, a penalty charge notice may be served by a Civil Enforcement Officer or served by post in accordance with the requirements of the Traffic Management Act 2004. 
19. The penalty charge shall be paid to the Council by such method deemed appropriate by the Council or authorised agent in accordance with the instructions on the penalty charge notice.    
20. The Council or authorised agent shall, on or in the vicinity of a restricted road:
(a) Highlight each restricted area with notices, signs and road surface markings in accordance with the Traffic Signs Regulations and General Directions Act 2016;
(b) Maintain and from time to time alter the said notices, signs and road­ surface markings;
(c) Carry out such other work as is reasonably required for the purpose of the satisfactory operation of a restricted road.

Executed as a deed by affixing the common seal of North Northamptonshire Council on the XXX day of XXXX in the presence of:

Authorised Signatory

Schedule 1

Vehicle recharging only parking places 8am to 6pm, 4 hours no return within 1 hour’ and ‘Electric vehicle recharging only at al other times’.

Road nameLocation
Bath Road, KetteringStarting from a point 4.3 metres from the junction with Vermont Standing for a distance of 11 metres in a southerly direction.
Hove Street, CorbyStarting from a point outside properties number 72 to 84 Hove Street at the junction with Greenhill Rise for a distance of 11 metres in a north westerly direction.
Roundhill Road, KetteringStarting from a point at the crossroads with Garfield Street at the termination of the double yellow lines adjacent to St Michaels and All Angels Church for a distance of 11 metres in an easterly direction.
Shelley Road, WellingboroughStarting from a point 5 metres from the junction with Shelley Road (towards junction leading to Greenlaw and Brentford) outside properties 292 and 290 Shelley Road for a distance of 11 metres in an easterly direction.
Weekley Glebe Road, KetteringStarting from a point from the double yellow lines within the parking bays outside the flats, adjacent to The Kettering Buccleuch Academy for a distance of 11 metres in an easterly direction.

Last updated 01 February 2024