Proposed Argyll and Bute Council (Off-Street Parking Places and Charges) (Inveraray) Order 202_ Appendix 1
Argyll and Bute Council · 7 December 2022
Back to Mid Argyll, Kintyre & the Islands Area Committee — 7 December 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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1 TRAFFIC REGULATION ORDER ARGYLL AND BUTE COUNCIL (OFF-STREET PARKING PLACES AND CHARGES) (INVERARAY) ORDER 202_ (DRAFT)
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2 ARGYLL AND BUTE COUNCIL (OFF-STREET PARKING PLACES AND CHARGES) (INVERARAY) ORDER 202_ (DRAFT) ARRANGEMENT OF ARTICLES Article Provision 1. Citation and Commencement 2. Provisions 3. Definitions and Interpretation 4. Designation of Parking Places 5. Laying Out and Marking of Parking Places and Parking Bays 6. Vehicles which May Use Parking Places 7. Restrictions of Use of Parking Places 8. Amount of Charges at Parking Places 9. Method of Payment of Parking Charge 10. Pay and Display 11. Parking Permits 12. Reserved Parking Bays 13. Withdrawal of Permit 14. Installation of Parking Ticket Machine 15. Indications by Parking Ticket Machine Tickets (Applicable in those parking places operated by the method detailed in Article 10 above) 16. Exemptions 17. Manner of Standing in Parking Places 18. Contravention in Parking Place 19. Alteration of Position of Vehicle in Parking Places 20. Removal of Vehicles from Parking Places 21. Movement of Vehicles 22. Power to Suspend or Re-designate Parking Places 23. Power to Dispose of Abandoned Vehicles 24. Responsibility of Driver 25. Responsibility of Registered Keeper 26. Disclaimer 27. Orders to be Revoked or Amended
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3 ARRANGEMENT OF SCHEDULES Schedule 1 Parking Places Schedule 2 Tariffs Schedule 3 Categories of Vehicles Schedule 4 Orders to be Revoked or Varied Schedule 5 Plans
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4 ARGYLL AND BUTE COUNCIL (OFF-STREET PARKING PLACES AND CHARGES) (INVERARAY) ORDER 202_ (DRAFT) Argyll and Bute Council, in exercise of their powers under Sections 32, 35 (1) and (3), 35A and 35C and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 (the 1984 Act), as amended; The Road Traffic (Permitted Parking Area and Special Parking Area)(Argyll and Bute Council) Designation Order 2014 and all other enabling powers and after consultation with the Chief Constable of Police Scotland in accordance with Part III of Schedule 9 of the 1984 Act hereby make the following Order:- 1. Citation and Commencement This Order may be cited as the “Argyll and Bute Council (Off-Street Parking Places and Charges) (Inveraray) Order 201_” and shall come into operation on Monday the_____ day of _____ Two Thousand and _____. 2. Provisions To make provisions in relation to off street parking in Inveraray and revoke and amend Orders as specified in the Articles and in Schedule 4 annexed and executed as relative hereto. 3. Definitions and Interpretation (i) In this Order the following expressions have the meanings hereby respectively assigned to them:- “the 1984 Act” means the Road Traffic Regulation Act 1984; “the 1991 Act” means the Road Traffic Act 1991; “articulated vehicle” means a heavy motor car or motor car, not being an articulated bus, with a trailer so attached that part of the trailer is superimposed on the drawing vehicle and, when the trailer is uniformly loaded, not less than 20% of the weight of the vehicle including any persons or load carried in the vehicle; “bus” means a motor vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver; “caravan” means a trailer which is constructed for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer); “car derived van” means a goods vehicle which is constructed or adapted Aas a derivative of a passenger vehicle and which has a maximum laden weight not exceeding 2 tonnes.’
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5 “cashless parking” means a cashless payment made via a telephone, smartphone, computer or other method allowing a vehicle to park for a period of time, when that time runs out the vehicle is required to leave the parking place. “charging hours” means in respect of the parking place, the hours during which a vehicle may only be permitted to wait upon payment of a charge as specified in Schedule 2. “convenience charge” means a fee payable to the service provider in respect of a parking charge paid by means of cashless parking payment and indicated on a traffic sign or parking ticket machine associated with the parking place in which the vehicle for which the parking charge has been paid has been left; “Council” means Argyll and Bute Council constituted under the provisions of the Local Government etc (Scotland) Act 1994 and having its Chief Office at Kilmory, Lochgilphead, Argyll, PA31 8RT; “day” means a period of 24 hours commencing at 0001 hours and ending at 2400 hours and any reference to hours shall be construed as referring to consecutive hours within one day; “disabled person” means the disabled driver of or a disabled passenger in a motor vehicle, being such a disabled person as is described in Regulation 4 of the Disabled Person (Badges for Motor vehicles) (Scotland) Regulations 2000 as amended; “disabled person’s badge” has the same meaning as in Regulation 2 of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 as amended; “disabled person’s vehicle” means a vehicle lawfully displaying a disabled persons badge; “driver” means the person driving or having control or charge of the vehicle at any given time and includes in relation to a vehicle waiting in a parking place the person driving at the time it was left in that parking place; “dual purpose vehicle” means a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg, and which either— (i) is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or (ii) satisfies the following conditions as to construction, namely— (a) the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;
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6 (b) the area of the vehicle to the rear of the driver's seat must— (i)be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and (ii) be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear; and (c) the distance between the rearmost part of the steering wheel and the back- rests of the row of transverse seats satisfying the requirements specified in head (i) of sub-paragraph (b) (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle. “electric vehicle” means a plug-in electric vehicle or a plug-in hybrid vehicle; “electric vehicle charging bay” means a parking bay which has been marked and signed for the exclusive use of an electric vehicle whilst that vehicle is being charged by means of an electric vehicle charging point; “electric vehicle charging point” means a purpose built unit designed specifically for charging vehicles; “goods vehicle” means a vehicle constructed or adapted for the use for the conveyance of goods or burden of any description, but not including a dual purpose vehicle; “hand held device” means a wireless hand held computer, tablet, smartphone or other electronic computing device used by a Parking Attendant, which is programmed to interface with the Cashless Payment Parking System; “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes; “invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kg and which is specially designed and constructed, and not merely adopted, for the use of a person suffering from some physical defect or disability and is solely used by such a person; “light commercial vehicle” means any goods vehicle which has an operating weight which is not greater than 7.5 tonnes; “living van” means a vehicle used primarily as living accommodation by one or more persons, and which is not also used for the carriage of goods or burden which are not needed by such one or more persons for the purpose of their residence in the vehicle;
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7 “motor car” means a mechanically propelled vehicle, not being a motor tractor, a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen- (a) if it is constructed solely for the carriage of passengers and their effects and is adapted to carry not more than seven passengers exclusive of the driver does not exceed 3050 kg:- (b) if it is constructed for the use of conveyance of goods or burden of any description, does not exceed 3050 kg; (c) does not exceed 2540 kg in a case falling within neither of the foregoing paragraphs; “motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users; "motor cycle" means a mechanically propelled vehicle, not being an invalid carriage, having less than four wheels and the weight of which unladen does not exceed 410 kg; "motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads; “owner” means the person by whom the vehicle is kept and whose name the vehicle is registered under; “parking attendant” means an individual employed by the local authority to provide for the supervision of parking places within their area and shall also have such other functions in relation to stationary vehicles as may be conferred by or under any other enactment; “parking bay” means a marked space in a parking place which is provided for the parking of a vehicle; “parking charge” means the amount payable in respect of parking in a parking place as defined in Article 8 to this Order; “parking place” means an area designated as a parking place by Article 4 of this Order; “parking permit” means an off street parking permit; “parking payment machine” means an apparatus designed:- a) to accept payment of the parking charge, b) to issue the parking ticket for use at the exit barrier, c) to indicate the time externally; “payment parking system” means an electronic system set up and maintained by the service provider whereby:--
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8 a) the driver of a vehicle, or other person authorised by the driver on their behalf, uses a telephone, a smartphone, computer or other method to communicate with the service provider, in accordance with the instructions on signs located in the parking place, and make payment of the parking charge and any additional convenience charge in respect of a specified vehicle, a specified parking place and for a specified parking period by use of a debit or credit card; and b) the service provider, on behalf of the Council, accepts payment of the parking charge by the method referred to in (a) of this definition and records such payment together with the parking period for which payment has been made, the parking place in which the vehicle has been left and the registration mark of the vehicle in respect of which the payment has been made. “parking ticket machine” means an apparatus designed:-- a) to accept payment of the parking charge, b) to indicate the time externally, c) to issue tickets indicating the payment for a parking charge, the period in respect of which it has been paid, the day and the time at which it was paid and a mark which enables the issuing parking ticket machine to be identified; “pedal cycle” means a unicycle , bicycle, tricycle, or cycle having four or more wheels not being in any case mechanically propelled unless it is an electrically assisted pedal cycle of such class as it is to be treated as not being a motor vehicle for the purposes of the 1984 Act; “penalty charge” has the same meaning as in Section 66 of the 1991 Act; “penalty charge notice” means a notice issued or served by a parking attendant pursuant to the provisions of Section 43 and Section 66 of the 1991 Act; “permitted hours” means the period specified for each parking place during which the waiting by vehicles is permitted as specified within this Order. “plug-in electric vehicle” means a vehicle which utilizes rechargeable batteries, or another energy storage device that can be restored to full charge by connecting a plug to an external electric power source; “plug-in hybrid electric vehicle” means an electric drive vehicle using one or more electric motors for propulsion which may also contain a combustion engine either for exclusive use of supplying energy to recharge the power source and/or supplying motive power; “registered keeper” is the person for the time being registered at the Driving and Vehicle Licensing Agency as the person recorded as keeping the vehicle and is the person named on the Vehicle Registration Certificate. The registered keeper is not necessarily the legal owner of the vehicle or the driver of the vehicle for the time being;
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9 “return period” means the period following expiry of the maximum parking stay in that parking place during which the driver shall not return the vehicle to the parking place; “schedule” means the schedules annexed to this order and which form part of this order; “service provider” means the company authorised and appointed by the Council to operate, administer and maintain the process for the payment of parking charges on its behalf using a payment parking system; “taxi” has the same meaning as in the Civic Government (Scotland) Act 1982; “taxi parking bay” means a space in a parking place which is designated, marked and provided for the parking of a taxi; “trailer” means a vehicle constructed or adapted to be drawn by another vehicle and for the purposes of this order shall include a boat; “vehicle” means unless the context otherwise requires, means a vehicle of any description and includes a machine or implement of any kind drawn or propelled along roads whether or not by mechanical power; (ii) Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment. 4. Designation of Parking Places Each area which is described in Schedule 1 to this Order and as shown on the Plans comprising Schedule 5 to this Order shall be a parking place for the purpose of this Order and may be used subject to the provisions of this Order as a parking place for such classes of vehicle, for such use, in such positions and on such days and during such hours and on payment of such charges as are specified in relation to that parking place and shall include variation thereto by virtue of a notice made pursuant to Section 35C of the 1984 Act. 5. Laying out and marking of Parking Places and Parking Bays The limits of each parking place and the limits of every parking bay in that parking place shall be indicated in such a manner as the Council may determine by lines, studs or other indicators in accordance with the regulations. 6. Vehicles which may use Parking Places Each parking place may be used, subject to the provisions of this Order, for the leaving of such categories of vehicles as are specified in Schedule 3 in relation to any particular parking place specified in Schedule 1.
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10 7. Restrictions of Use of Parking Places Each parking place is subject to the following restrictions at all times:-- (i) No person shall use any vehicle while it is in 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 sale his/her skill in handicraft, or his/her services in any other capacity other than with the written consent of the Council without prejudice to any planning, health or other statutory requirements and duties which may also require to be met. (ii) No person shall carry on any business within the limits of the car park without the written consent of the Council. (iii) No person shall wash, clean or overhaul any vehicle or execute any mechanical or other alterations or repairs to the vehicle while it is in a parking place, except such repairs as may be essential for the purpose of enabling the vehicle to be towed or driven away from the parking place. (iv) No person shall use any part of a parking place or vehicle or trailer in it for residential or camping purposes. (v) No person shall wilfully remove or destroy any sign, marking, notice or notice board within the car park or any fastening or equipment used for the purpose of exhibiting or displaying such sign, marking notice or notice board. (vi) No person shall use any vehicle or trailer as sleeping accommodation while it is parked upon a parking place except where specifically authorised by the Council. (vii) No person shall light or cause to be lit any fire in the parking place. (viii) No person shall use the parking place for the purposes of splitting or transferring loads or plant between vehicles or loading or unloading goods in association with a commercial concern. (ix) No person shall use the parking place for the parking of trailers or caravans separately from their motor vehicles. (x) No person shall erect or cause to be erected any tent, booth, stand, building or other structure without the written consent of the Council. (xi) Where, within a parking place, there is a sign or surface marking which indicates that a parking bay is available only for a vehicle displaying a disabled person’s badge, the driver of a vehicle shall not permit it to wait
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11 in that parking bay unless it is a vehicle displaying a valid disabled person’s badge and is carrying the disabled person. Where there is a sign within the disabled person’s parking place which indicates that the parking place is available only for a specified duration, no person shall cause or permit a vehicle to be left in the parking place for more than the maximum period specified or return the vehicle to the parking place within the specified return period. (xii) Where, within a parking place, there is a sign or surface marking which indicates a taxi parking bay, the driver of a vehicle shall not permit it to wait in that parking bay unless the vehicle is a taxi. Further, the parking of taxis in any parking bay, other than those marked as being for use by taxis, is hereby expressly prohibited, but any taxi driver who is not operating in the course of trade and who has removed all exterior markings indicating that the vehicle is a taxi, shall be entitled to park said vehicle in said other parking bays upon payment of the appropriate parking charge. (xiii) Where, at or near the entrance to a parking place or at a parking bay, there is a sign, symbol or surface marking which indicates that the parking place or bay is available only to vehicles either of a specified type or under a specified height, width, length or weight, no person shall cause or permit to enter the parking place or park any vehicle in the bay which is either not of the specified type or exceeds that height, width, length or weight. (xiv) Where there is a sign, symbol or surface marking within a parking place which indicates that the parking place is available only to vehicles for a specified duration, no person shall cause or permit a vehicle to be left in a parking place for more than the maximum period specified or return the vehicle to the parking place within the specified return period, except in the case of vehicles displaying a valid disabled persons badge and the parking place is not a disabled person’s vehicle parking place. (xv) Where, within a parking place, there is a sign or surface marking which indicates an electric vehicle charging bay, the driver of a vehicle shall not permit it to wait in that parking bay unless:-- a) the vehicle is an electric vehicle, and b) the vehicle is connected to the charging point and is being charged. 8. Amount of Charges at Parking Places (i) The charge for a vehicle left in any parking place listed in Schedule 1 shall be in accordance with the tariffs listed in Schedule 2. (ii) Without prejudice to the foregoing generality the parking charge may be varied from time to time by a notice given in accordance with the provisions of Section 35C of the 1984 Act and “The Local Authorities’
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12 Variation of Charges at Off-Street and Designated Parking Places (Notices Procedure) (Scotland) Regulations 1997”. 9. Method of Payment of Parking Charge In relation to any particular parking place the Council may from time to time determine the method of payment of the parking charge and such method of payment shall be in accordance with the provisions of Articles 10 and 11 of this Order. The relevant charges are set out in Schedule 2. 10. Pay and Display The parking charge as specified in Article 8 (i) shall where applicable be payable on the leaving of a permitted vehicle in the parking place during the operational hours by:- (i) the payment at a parking ticket machine associated with the parking bay in which the vehicle is left by:-- a) cash payment, or b) a credit card or debit card of a type accepted by the parking ticket machine, or c) parking card or other method of payment adopted by the Council for the payment of parking charges; or (ii) via a cashless parking payment. In respect to Article 10(i), the parking ticket issued by the parking ticket machine shall then be displayed on the vehicle:- a) in the case of a two wheeled motor cycle, in a conspicuous position on the vehicle in front of the driving seat; or b) in the case of all other vehicles, facing forwards on the near side of the glass of the windscreen behind the glass or on the dash board to the near side. The parking ticket shall be so displayed on the vehicle that the time shown on the front is clearly visible to a person standing beside the vehicle. In respect of Article 10(ii) an indication that payment has been made via a cashless payment using a payment parking system for a vehicle left in a parking place and the parking period for which payment has been made shall appear on a hand held device. The parking ticket or parking time purchased using the cashless payment methods shall not be transferable from one vehicle to another or from one parking place to any other parking place. 11. Parking Permits (i) Payment of the parking charge may be made by purchasing in advance a parking permit issued by the Council in connection with the parking
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13 places designated in Article 4 and Schedule 1 of this Order. Parking permits are available from the Council, at the appropriate fee, for a vehicle of a specific class and for a specific parking place or for specific parking places subject to terms and conditions as shall be determined from time to time by the Council. (ii) The driver shall comply with the terms and conditions determined by the Council for the use of the parking permit as described on the conditions of use. (iii) A parking permit is only valid in the parking place or specific parking places in respect of which it was issued and up until the date of expiry. (iv) A parking permit shall not guarantee the holder the use of a parking bay. (v) The parking permit will allow the driver to park in the parking place or specific parking places in respect of which it was issued up until the date of expiry without payment of a further parking charge however the driver will be subject to and must comply with all other provisions and requirements of this Order. 12. Reserved Parking Bays No person shall cause or permit a vehicle to be parked in any area marked as a reserved parking bay unless entitled to do so. 13. Withdrawal of Permit The Council may, by notice in writing serve on the permit holder at the address shown by that person on the application form for the permit, or at any other address believed to be that persons residence or place of business, withdraw a permit if it appears to the Council that the permit holder has failed to comply with any of the terms and conditions and on such service the permit will immediately become invalid and of no effect. 14. Installation of Parking Ticket Machine There shall be a parking ticket machine or machines in or in the vicinity of every parking place operated by the method described in Article 10 of this Order. 15. Indications by Parking Ticket Machine Tickets (Applicable in those parking places operated by the method detailed in Article 10 above) (i) Payment of the parking charge for a vehicle left in a parking place shall be indicated by the issue from a parking ticket machine associated with the parking place in which the vehicle was left, of a numbered ticket having a mark which enables the issuing parking ticket machine to be identified, indicating what charge has been paid and either:- a) the day and time of the payment, or
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14 b) the day and time of expiry of the validity of the ticket The ticket shall be displayed on the vehicle in the manner specified in Article 10 of this Order. (ii) Where the ticket indicates the day and time of expiry of the ticket, the expiry of the period for which the parking charge has been paid shall be indicated when the time shown on the clock on the said parking ticket machine is later than the time shown on the ticket. (iii) Where the ticket indicates the day and time of payment, the expiry of the period for which the parking charge has been paid shall be indicated when the time shown on the clock on the said parking ticket machine is later having regard to the time shown on the ticket, than the expiry of the period authorised for parking. 16. Exemptions (i) Any vehicle which displays in the relevant position a disabled person’s badge and is left in a parking place shall be exempt from any such charges specified in this Order. (ii) A vehicle with a valid parking permit may be left in a parking place or specific parking places in respect of which it was issued up until the date of its expiry without further payment of the relevant parking charge. (iii) Without prejudice to the generality of paragraph (i) of this Article, a vehicle to which paragraphs (i) and (ii) applies shall stand in the parking place in accordance with the provisions of Article 18 of this Order. (iv) No parking charge shall be payable in respect of the leaving of a solo motor cycle or pedal cycle in any part of a parking place at which the Council has placed a sign or signs, indicating that part of the parking place is for the use of the said cycles. (v) A boat trailer in any part of a car park at which the Council have placed a sign indicating that part of the car park is for boat trailers shall be exempt from any charge but not from any other provisions of this order. 17. Manner of Standing in Parking Places Each vehicle left in a parking bay shall so stand that every part of the vehicle is within the limits of a parking bay, provided that, in the case of any parking place where the length of any vehicle precludes it from standing wholly within the limits of a parking bay, that vehicle shall so stand in the parking bay and that such portion as is beyond the limits of the parking bay shall not constitute a danger or obstruction to other users in the parking place.
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15 18. Contravention in Parking Place (i) If a vehicle is left in a parking place referred to in Schedule 1 at any time without complying with the provisions and requirements of this Order, then a contravention shall have occurred and a penalty charge shall be payable. A penalty charge notice may then be issued by a parking attendant for each contravention that has occurred. (ii) Where a vehicle remains in a position so as to attract a penalty charge notice, a further penalty charge notice may be issued on each calendar day thereafter for each contravention that has occurred. 19. Alteration of Position of Vehicle in Parking Places Where any vehicle is standing in a parking place in contravention of the provision of Article 18 of this Order, a parking attendant or any other person authorised by the Council may alter or cause to be altered the position of the vehicle in order that its position shall comply with those provisions and may recover any expenses associated with this alteration. 20. Removal of Vehicles from Parking Places Where a parking attendant or any other person authorised by the Council is of the opinion that any of the provisions of this Order have been contravened or not complied with in respect of a vehicle left in a parking place or if a penalty charge has been incurred, he may remove or cause to be removed the vehicle from the parking place, and where it is so removed, shall provide for the safe custody of the vehicle. The Council may then recover all expenses associated with the removal and provision of safe custody and may retain possession of the vehicle until all monies due to the Council in respect of the vehicle have been duly paid (as determined by Section 102 of the 1984 Act). 21. Movement of Vehicles A parking attendant or any person authorised by the Council may in the case of an emergency, move or cause to be moved, vehicles left in a parking place to any place he thinks fit. 22. Power to Suspend or Re-designate Parking Places (i) Any person duly authorised by the Council may suspend or re-designate the use of a parking place or any part thereof whenever such suspension or re-designation is considered reasonably necessary. (ii) On any suspension or re-designation of a parking bay in a parking place in accordance with the provisions of the preceding paragraph, any person duly authorised by the Council, may use suitable means to indicate that the use of the parking bay or parking place is suspended or re-designated.
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16 (iii) No person shall cause or permit to cause any vehicle to wait in any part of a parking place which has been suspended or re-designated in accordance with the provisions of this Article, except with the permission of a person authorised by the Council. 23. Power to Dispose of Abandoned Vehicles (i) The Council may, in respect of a vehicle which has been removed from a parking place in pursuance of Article 20 of this Order, if it appears to them to have been abandoned, sell or otherwise dispose of the vehicle after having made reasonable enquiry with the DVLA to ascertain the name and address of the owner of the vehicle. (ii) The Council shall be deemed not to have made reasonable enquiry to ascertain the name and address of the owner of any vehicle to which this Article applies unless they have taken, in relation to that vehicle, such steps as or may be prescribed by Sections 11 to 16 of the Removal and Disposal of Vehicle Regulations, by any sub-section of Section 3 or 4 or 5 of the Refuse Disposal (Amenity) Act, 1978 and Section 101 or 102 of the 1984 Act. 24. Responsibility of Driver The person who was driving the vehicle at the time when it was left in the parking place shall be responsible for complying with the provisions of this Order and unless otherwise proved to the contrary, the registered keeper of the vehicle shall be deemed to be the driver of that vehicle. 25. Responsibility of Registered Keeper The responsibility for payment of any parking charge and any penalty charge notice rests with the Registered Keeper of the vehicle as recorded at the Driver and Vehicle Licensing Agency If the keeper was not the driver at the time of the offence it remains her/his responsibility to pay the sum due in terms of the penalty charge notice 26. Disclaimer The Council shall not be liable for any damage to, loss of, or theft of/or from any vehicle in any parking place. For the avoidance of doubt, any person using the parking places specified in Schedule 1 to this Order does so at their own risk. 27. Orders to be Revoked or Amended The Orders specified in Column 1 of Schedule 4 are hereby revoked or amended as specified within Column 2 of the said Schedule.
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17 Sealed with the Common Seal of Argyll and Bute Council and subscribed for them and on their behalf by David Logan, Head of Legal and Regulatory Support at Lochgilphead on Monday the ______day of ______ Two Thousand and __________. Signed..................................................... Date.........................................................
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18 SCHEDULE 1 PARKING PLACES Parking Place Plan Reference No. Location Parking Place Name Category/Class of Vehicles Permitted Tariff Charging Hours 1 C.P. No.1 Inveraray “Front Street Car Park” 1,2,3 A 1 January to 31 December Monday to Sunday 9am to 6pm 2 C.P. No. 2 Inveraray “Fisher Row Car Park” A83, Opposite Semples Garage 1,2,3 A 1 January to 31 December Monday to Sunday 9am to 6pm 3 C.P. No. 3 Inveraray “The Avenue (North) Car Park” Area A 1,2,3,9 A 1 January to 31 December Monday to Sunday 9am to 6pm “The Avenue (South) Car Park” Area B 1,2,3 B N/A 4 C.P. No. 4 Inveraray “Village Hall Car Park” 1,2,3 B N/A 5 C.P. No. 5 Inveraray “Court House Car Park” 1,2,3 B N/A
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19 SCHEDULE 2 TARIFFS Tariff Charges Permits A 15 minutes – 30 pence 30 minutes – 50 pence 45 minutes – 80 pence 60 minutes – £1.00 £1.00 per hour thereafter or part thereof Charges for single bay occupancy Quarterly 6 monthly 9 monthly Annual £139 £258 £371 £489 B No Charge N/A
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20 SCHEDULE 3 CATEGORIES OF VEHICLES Category Number Vehicle Type 1 Motor Car Car-derived van Dual Purpose Vehicle 2 Motor Cycle 3 Invalid Carriage 4 Light commercial vehicle 5 Heavy commercial vehicle 6 Articulated Vehicle 7 Trailer (with towing car) 8 Caravan (with towing car) Living Van 9 Motor Caravan 10 Bus
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21 SCHEDULE 4 ORDERS TO BE REVOKED OR AMENDED Name of Order Extent of Revocation The Argyll and Bute Council (Off Street Parking Places and Charges)(Inveraray) Order 1999 The Entire Order The Argyll and Bute Council (Off Street Parking Places and Charges)(Inveraray, Luss and Mull)Amendment) Order 2004 Inveraray article and schedules only The Argyll and Bute Council (Off Street Parking Places and Charges)(Inveraray) (Amendment) Order 2005 The Entire Order
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22 SCHEDULE 5 PLANS
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23 SCHEDULE 5 (continued) PLANS
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24 SCHEDULE 5 (continued) PLANS
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25 SCHEDULE 5 (continued) PLANS
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26 SCHEDULE 5 (continued) PLANS