Road Traffic (Sand
Street Car Park) (Jersey) Order 2012
Made 26th October 2012
Coming into force 12th
November 2012
THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES, in pursuance of Articles 56,
59 and 84 of the Road Traffic (Jersey) Law 1956[1], and with the concurrence of the
Minister for Treasury and Resources, orders as follows –
1 Interpretation
(1) In
this Order –
“ANPR camera” means
a device that indicates the time at which a vehicle arrives at or leaves a
place by recording –
(a) an
image of the vehicle and its registration mark; and
(b) the
time at which the image is recorded;
“car park” means
Sand Street Car Park;
“excess charge notice”
means a notice in a form authorized by the Minister stating that the excess
charge specified in Article 8 is payable and the time and manner in which
it is to be paid;
“PPP Order” means
the Road Traffic (Public Parking Places) (Jersey) Order 2006[2];
“register” means the
register maintained under the Registration Law;
“registered owner”
shall be construed in accordance with the Registration Law.
(2) Unless
the context otherwise requires, other expressions used in this Order that are
defined in the PPP Order have the same meaning as in that Order.
2 Use
of the car park
(1) A
person may park a vehicle in the car park, subject to compliance with this
Order.
(2) Paragraph (1)
does not authorize a person to park –
(a) a commercial vehicle
with an overall length of 15 feet or more; or
(b) an agricultural
tractor,
in the car park without the prior permission of the Minister.
(3) The
Minister may in writing permit a person to park or place a trailer or boat or
any other thing that is not a vehicle in the car park.
(4) Permission
for the purpose of paragraph (2) or (3) may be given subject to such terms
and conditions as the Minister may determine, including conditions requiring
the payment of a charge and the display of the permission.
3 Minister may control use of car park
The Minister may by
notice displayed at the car park –
(a) indicate
the speed and route to be taken and other restrictions to be observed by a
person driving a vehicle in the car park or by pedestrians;
(b) restrict
the size or mass of vehicles that may use the whole or any part of the car park;
(c) close
for any period and for any purpose the whole or any part of the car park;
(d) set
aside permanently or for any period the whole or any part of the car park for
parking vehicles of a type specified in the notice; and
(e) set
aside permanently or for any period the whole or any part of the car park for
parking vehicles on which a valid permit is displayed.
4 Restriction
on parking
A person must not park a vehicle in the car park for more than a
continuous period of 7 days.
5 Parking
charges
(1) If
a vehicle is parked in the car park for a period that includes any part of a
pay period, the vehicle must not be removed from the car park without the
parking charge first being paid.
(2) Paragraph (1)
does not apply where a vehicle is removed from the car park under the Road
Traffic (Removal of Vehicles) (Jersey) Order 1963[3].
(3) A pay
period is a period between 8 a.m. and 5 p.m. on any day except
Sunday.
(4) The
parking charge is the aggregate of the amounts payable for each pay period or
part of a pay period that is included in the period for which the vehicle is parked
in the car park.
(5) The amount payable for each pay period or
part of a pay period is, for each hour or part of an hour that the vehicle is parked
in the car park during the pay period, the amount specified in the following
table for the hour or part of an hour –
|
Period for which vehicle is parked during a pay period
|
Parking units
|
|
For each of the first 3 hours or part of such an hour that
the vehicle is parked during the pay period
|
1 parking unit
|
|
For the 4th hour or part thereof that the vehicle is parked during
the pay period
|
2 parking units
|
|
For the 5th hour or part thereof that the vehicle is parked during
the pay period
|
3 parking units
|
|
For the 6th hour or part thereof that the vehicle is parked during
the pay period
|
4 parking units
|
|
For the 7th hour or part thereof that the vehicle is parked during
the pay period
|
5 parking units
|
|
For the 8th hour or part thereof that the vehicle is parked during
the pay period
|
6 parking units
|
|
For the 9th hour or part thereof that the vehicle is parked during
the pay period
|
7 parking units
|
(6) For
the purpose of paragraphs (4) and (5), a vehicle is parked in the car park
for the period –
(a) subject
to paragraph (7), commencing with the time when its arrival is recorded by
the ANPR camera; and
(b) ending
with the time when the parking charge is paid at the parking charges payment
terminal.
(7) The
commencement of the period determined in accordance with paragraph (6)
shall be deferred by such time as the Minister may allow for a vehicle to be
parked in a parking bay in the car park following its arrival.
(8) Any
time allowed under paragraph (7) shall be displayed at the entrance to the
car park and adjacent to the parking charges payment terminal in the car park.
(9) The
first 3 hours for which a disabled person’s vehicle is parked in the
car park during a pay period shall be disregarded when determining, in
accordance with paragraphs (6) and (7), the period for which the vehicle
is parked in the car park during the pay period, provided that –
(a) a
disabled person’s badge is displayed on the vehicle whilst it is so
parked; and
(b) if,
by virtue of those hours being disregarded no parking charge is payable, a
token or card that –
(i) has been supplied
by the Minister to the person to whom the disabled person’s badge is
issued, and
(ii) authorizes the
vehicle to be so parked on that day,
is presented at the parking charges payment terminal in the car
park.
(10) No
charge shall be payable –
(a) in
the case of a vehicle that is parked in the car park in accordance with a valid
permit that is displayed on the vehicle;
(b) in
the case of a motor cycle that is parked in an area of the car park set aside
for motor cycles by the Minister; or
(c) in
the case of a cycle that is left in an area of the cark park set aside for
cycles by the Minister.
6 Requirement
to remove vehicle from car park after paying parking charge
(1) Subject
to this Article, a vehicle must be removed from the car park no later than
15 minutes, or such longer time as the Minister allows, after the end of
the period described in Article 5(6).
(2) The
Minister may, at any time, allow a longer period for removal of a vehicle from
the car park after payment of the parking charge, having regard to the amount
of traffic in the car park at that time.
(3) Any
time allowed under paragraph (1) shall be displayed at the entrance to the
car park and adjacent to the parking charges payment terminal in the car park.
(4) For
the purposes of this Article, a vehicle is removed from the car park at the
time when its departure is recorded by the ANPR camera.
7 Liability
for excess charge
(1) An
excess charge is payable if a person –
(a) has failed to comply
with Article 4 in respect of a vehicle parked in the car park;
(b) has parked a vehicle in
the car park, whether within or partly within a parking bay, or otherwise, in a
manner that obstructs or is likely to obstruct other vehicles using the car
park;
(c) has parked a vehicle in a part of the car
park that is neither a parking bay where the vehicle is authorized to be parked
nor an area set aside for parking vehicles of that type;
(d) otherwise than in accordance with the
permission of the Minister, has parked or placed a trailer, boat or other thing
in the car park;
(e) has parked an
unregistered vehicle anywhere in the car park; or
(f) otherwise than in accordance with the permission
required by Article 2(3), has parked a commercial vehicle with an overall
length of more than 15 feet, or an agricultural tractor, in the car park;
or
(g) has parked a vehicle,
trailer, boat or other thing in the car park contrary to the terms of a notice
displayed under Article 3.
(2) An
excess charge is payable if a person –
(a) has failed to comply
with Article 5 in respect of a vehicle parked in the car park; or
(b) has failed to comply
with Article 6 in respect of the removal of a vehicle from the car park.
(3) An
excess charge described in paragraph (1) becomes payable when a car park
official has attached an excess charge notice to a conspicuous part of the
vehicle, trailer, boat or other thing.
(4) If –
(a) a car park official has
attached an excess charge notice to a vehicle, trailer, boat or other thing by
virtue of paragraph (1); and
(b) the vehicle, trailer,
boat or other thing has not been moved within 2 hours of the time
specified in the notice,
a further excess charge notice may be attached to the vehicle, boat,
trailer or other thing so that a further excess charge become payable in
respect of the vehicle, trailer boat or other thing.
(5) If
a car park official has attached an excess charge notice to a vehicle by virtue
of paragraph (1)(a) the vehicle may remain parked in the parking place for
2 hours from the time specified in the notice.
(6) A
vehicle shall be taken to be unregistered for the purpose of paragraph (1)(e)
if it does not have displayed on it anything required to be displayed on it to
show that it is registered.
(7) An
excess charge described in paragraph (2) becomes payable upon an excess
charge notice being sent to the registered owner of the vehicle at the address
recorded in the register for that person.
(8) An
excess charge notice referred to in paragraph (7) may be sent by post.
8 Amount
of excess charge
(1) The
excess charge shall be –
(a) £40
if payment of the charge is received at the address specified in paragraph (2)
not later than the time specified in paragraph (3); or
(b) £60
in any other case.
(2) For
the purpose of paragraph (1)(a) the address is the Parking Control Office,
Sand Street Car Park, St. Helier, JE2 3QF.
(3) The
time referred to in paragraph (1)(a) is –
(a) in
the case of an excess charge payable pursuant to a notice described in Article 7(3),
not later than 4 p.m. of the third day after the day on which the notice
was attached to the vehicle, trailer, boat or other thing (excluding any
Saturday, Sunday or public holiday);
(b) in
the case of an excess charge payable pursuant to a notice described in Article 7(7),
not later than 4 p.m. of the sixth day after the day on which the notice
is sent to the registered owner (excluding any Saturday, Sunday or public
holiday).
9 Offences
(1) A
person must not fail to comply with the terms of a notice displayed in accordance
with Article 3.
(2) A
person must not fail to pay an excess charge in accordance with the terms of
the excess charge notice described in Article 7(3) or (7).
(3) A
person must not, with intent to defraud, interfere with a parking charges
payment terminal located in the car park.
(4) A
person must not obscure a registration mark on a vehicle or, by any other
means, prevent an ANPR camera from recording an image of the vehicle and its
registration mark from which the registration mark may be read.
(5) A person
must not with intent to deceive –
(a) make, copy, alter,
deface or mutilate a disabled person’s badge or permit;
(b) display on a vehicle in
the car park anything intended to appear to be a disabled person’s badge or
permit; or
(c) display on a vehicle in
the car park a disabled person’s badge or permit that has been altered,
defaced or mutilated.
(6) A
person must not, except with the written permission of the Minister, do or
cause or knowingly permit another person to do any of the following things –
(a) attach advertising
material to any part of the car park or a vehicle in the car park;
(b) display advertising
material in the car park;
(c) carry on a trade or
business in the car park;
(d) use a vehicle in
connection with a trade or business while it is parked in the car park; or
(e) solicit or collect
alms, contributions, donations or subscriptions in the car park.
(7) A
person must not –
(a) drive a vehicle in the
car park except with the intention of parking the vehicle or to remove it
afterwards;
(b) injure or deface the
car park, an ANPR camera in the car park, a parking charges payment terminal or
a notice in the car park;
(c) deposit refuse in the
car park except in a receptacle provided for the purpose;
(d) discharge a firearm,
throw a missile or light a fire or firework in the car park;
(e) wash a vehicle, trailer
or boat in the car park;
(f) carry out work on
a vehicle, trailer, boat or other thing in the car park except, in the case of
a vehicle or trailer, to any extent necessary to be able to remove it from the car
park;
(g) sleep in a vehicle or
trailer in the car park or otherwise use a vehicle or trailer in the car park
for a residential or domestic purpose; or
(h) place on a vehicle in the
car park, other than a motor cycle, a cover of the type normally used to
protect the exterior of a vehicle from the weather during storage in the open
air.
(8) A
person, other than the driver of the vehicle, or a person acting with the
driver’s permission, must not remove from a vehicle a disabled
person’s badge displayed on a vehicle.
(9) A
person must not consume alcohol in the car park or be in possession of an open
container containing alcohol.
(10) The
driver of a vehicle in the car park must comply with any reasonable
instructions given to the driver by a car park official –
(a) as to how the vehicle
should be parked; or
(b) to remove the vehicle
from the car park.
(11) A person
who is in the car park other than to park or collect a motor vehicle –
(a) must leave the car park
if requested to do so by a police officer or a car park official; or
(b) must not –
(i) refuse or fail to
give his or her name and address, or
(ii) give a false name
and address,
if on reasonable grounds
the person is requested to give his or her name and address by a police officer
or a car park official.
(12) A person
who contravenes a provision of this Article shall be guilty of an offence and
liable to a fine not exceeding level 2 on the standard scale.
10 Condition
A vehicle parked in the
car park or a thing permitted to be placed in the car park by the Minister, is
parked or placed in the car park subject to the condition that no claim shall
lie against the Minister or any car park official in respect of the loss of or
damage to the vehicle or thing, or a fitting or the contents of the vehicle or
thing.
11 Additional
enforcement arrangements
(1) Where
an excess charge payable in respect of a vehicle under Article 7(2) has
not been paid within the time stated by the Minister in the excess charge
notice, the Minister may prohibit the parking of the vehicle in the car park.
(2) A
prohibition imposed under paragraph (1) must be in writing and may be –
(a) sent
to the registered owner of the vehicle; or
(b) affixed
to the vehicle by a car park official when the vehicle is in the car park.
(3) A
notice sent under paragraph (2)(a) may be sent by post to the address in
the register for the registered owner.
(4) A
notice sent under paragraph (2)(a) has effect from the day that it is
received by the registered owner until all excess charges due in respect of the
vehicle under this Order have been paid.
(5) A
notice given under paragraph (2)(b) has effect from the time when the
vehicle is removed from the car park until all excess charges due in respect of
the vehicle under this Order have been paid.
(6) A
vehicle in respect of which a prohibition imposed under paragraph (1) has
effect is not authorized to be in the car park.
12 Evidence
(1) A
record made by an ANPR camera of the arrival at or departure from the car park
of a vehicle displaying a registration mark shall be, for all the purposes of
this Order and any proceedings under it, prima facie evidence that the vehicle
assigned that registration mark arrived or departed, as the case requires, at
the time recorded.
(2) A
record made by a parking charges payment terminal of the time when a parking
charge is paid shall be, for all the purposes of this Order and any proceedings
under it, prima facie evidence that the parking charge was paid at the time
recorded.
13 Road
Traffic (Public Parking Places) (Jersey) Order 2006 amended
In the PPP Order[4] –
(a) in
Article 7(6) –
(i) after
sub-paragraph (g) there shall be inserted the word “or”,
(ii) sub-paragraph (h)
and the word “or” following it shall be deleted;
(b) in
Part 3 of Schedule 1 the words “Sand Street Car Park
STH23” shall be deleted;
(c) in
Part 3 of Schedule 2 the expression “STH23” shall be
deleted;
(d) in
Part 1 of Schedule 3 the expression “STH23” shall be
deleted.
14 Citation
and commencement
This Order may be cited as
the Road Traffic (Sand Street Car Park) (Jersey) Order 2012 and shall come
into force on 12th November 2012.
deputy k.c. lewis of st. saviour
Minister for Transport and
Technical Services