Jersey R&O 103/2002

 

Road Traffic (Jersey) Law 1956

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ROAD TRAFFIC (DISABLED PERSONS) (PARKING) (JERSEY) ORDER 2002

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                THE PUBLIC SERVICES COMMITTEE, in pursuance of Articles 33A, 33B and 42 of the Road Traffic (Jersey) Law 1956, as amended,[1] and after consultation with the Connétables of Grouville, Saint Brelade, Saint Helier and Saint Saviour, orders as follows -

 

Interpretation

 

                1.-(1)  In this Order unless the context otherwise requires -

 

          “Badges Order” means the Road Traffic (Disabled Persons) (Badges for Motor Vehicles) (Jersey) Order 1982;[2]

 

          “Community-model parking card” means a card for people with disabilities, issued to them in accordance with the respective national conditions of the country or territory concerned, on the basis of the standardised Community model described in the Annex to Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities (O.J. No. L167/25 12.6.98);

 

          “minibus for the disabled” means a mechanically propelled vehicle constructed or adapted to carry not less than eight nor more than 16 passengers including at least one disabled person;

 

          “parking” means leaving a vehicle, whether attended or unattended, and includes stopping a vehicle to load or unload goods or merchandise, but does not include stopping a vehicle to set down or pick up passengers, and “park” and “parked” shall be construed accordingly;

 

          “parking card” and “valid parking card” have the same meaning as in Part III of the Saint Helier Order;

 

          “parking disc” means -

 

          (a)     a parking disc that complies with the conditions set out in Article 19(1) of the Saint Helier Order; or

 

          (b)     a device that is 125 millimetres square and coloured blue and is capable of showing the quarter hour period during which a period of waiting has begun;

 

          “paying parking place” means a road designated as a paying parking place under Article 11 of the Saint Helier Order or Article7B of the Road Traffic (Saint Lawrence) (Jersey) Order 1990[3] as the case may be ;

 

          “recognized overseas permit” means a parking permit (other than a Community-model parking card) issued to a visitor to the Island on account of his disability that the Committee has agreed to recognize for the purposes of this Order;

 

          “road” includes part of a road;

 

                          “Saint Helier Order” means the Road Traffic (Saint Helier) (Jersey) Order 1996;[4]

 

                          “weekday” means a day other than a Sunday.

 

                (2)     A reference in this Order to an Article or Schedule by number only and without further identification is a reference to the Article or Schedule of that number in this Order and a reference in an Article or other division of this Order to a paragraph or sub-paragraph by number or letter only and without further identification is a reference to the paragraph or sub-paragraph of that number or letter in the Article or other division of this Order.

 

                (3)     Unless the context otherwise requires, a reference in this Order to an enactment is a reference to that enactment as amended from time to time and includes a reference to that enactment as extended or applied under another enactment, including another provision of this Order.

 

Parking of vehicles used by disabled persons

 

                2.-(1)  Save as provided by this Order a vehicle shall not be parked on a road specified in Schedule 1 or 2.

 

                (2)     Subject to the condition specified in paragraph (4), a vehicle that is driven by, or carries, a disabled person to which paragraph (3) applies may be parked -

 

                (a)     at a paying parking place for a period not exceeding two hours between the hours of 8 a.m. and 5 p.m. on a weekday, or for any period at any other time;

 

                (b)     on any road specified in Schedule 1 other than Vine Street for a period not exceeding that specified in that Schedule in relation to that road between the hours of 8 a.m. and 5.30 p.m. on a weekday, or for any period at any other time; and

 

                (c)     on the parts of Vine Street specified in Schedule 1 for a period not exceeding four hours between the hours of 8 a.m. and 5.30 pm on a Saturday or for any period on any weekday outside those hours or at any time on a Sunday.

 

                (3)     Paragraph (2) applies to a disabled person -

 

                (a)     of a description prescribed in the Badges Order;

 

                (b)     who is a visitor to the Island who normally lives in a country or territory that issues Community-model parking cards and who is there eligible to apply to be issued with such a card on account of his disability; or

 

                (c)     who holds a recognized overseas permit.

 

                (4)     The condition referred to in paragraph (2) is that there shall be displayed against the internal face of the windscreen of the vehicle or, if the vehicle has no windscreen, at a convenient place on the left or near side of the vehicle, and in such a manner so that the front is clearly visible to any person outside the vehicle -

 

                (a)     either -

 

                          (i)      in the case of a disabled person to which paragraph (3)(a) applies, a badge issued to him under the Badges Order that is not due for return to the issuing authority,

 

                          (ii)     in the case of a disabled person to which paragraph (3)(b) applies, a Community-model parking card issued to him on account of his disability that is valid for use by him in the country or territory where he normally lives, or

 

                          (iii)    in the case of a disabled person to which paragraph (3)(c) applies, his recognized overseas permit; and

 

                (b)     if the vehicle is parked -

 

                          (i)      at a paying parking place, a valid parking card, or

 

                          (ii)     on a road specified in Schedule 1, a parking disc indicating the time at which the vehicle was parked.

 

Parking places for minibuses for disabled persons

 

                3.      A vehicle shall not be parked on a road specified in Schedule 2 unless it is -

 

                (a)     a minibus for the disabled on which a badge is displayed in accordance with Article 2; and

 

                (b)     it is there to await use for carrying disabled persons.

 

Restrictions on use of disabled persons parking

 

                4.-(1)  A vehicle described in Article 2(2) shall not be parked at a paying parking place or on a road specified in Schedule 1 for longer than the relevant maximum period of time prescribed by this Order.

 

                (2)     A vehicle described in Article 2(2) that has been parked on a road specified in Schedule 1 shall not be moved directly to another part of the same road and parked there.

 

                (3)     Where a vehicle is parked on a road specified in the Schedule to this Order a person shall not -

 

                (a)     display more than one parking disc on the vehicle;

 

                (b)     indicate on the parking disc a time different from that at which the vehicle was parked;

 

                (c)     alter the time of arrival indicated on the parking disc whilst the vehicle is parked on that road.

 

Citation and commencement

 

                5.      This Order may be cited as the Road Traffic (Disabled Persons) (Parking) (Jersey) Order 2002 and shall come into force on 1st November 2002.

 

                By Order of the Public Services Committee,

 

                                                                                            C.M. NEWCOMBE

 

Greffier of the States.

 

30th September 2002.

SCHEDULE 1

 

(Article 2)

 

Parking places for vehicles used by disabled persons

 

GROUVILLE

 

Parking places - 4 hour limit

 

 

ST BRELADE

 

Parking places - 4 hour limit

 

 

ST HELIER

 

Parking places - 4 hour limit

 

 

Parking places - 1 hour limit

 

 

ST SAVIOUR

 

Parking places - 2 hour limit

 

 

SCHEDULE 2

 

(Article 3)

 

Parking places for minibuses for the disabled