Road Traffic (Sand
Street Car Park) (Jersey) Order 2012
THE MINISTER
FOR TRANSPORT AND TECHNICAL SERVICES, in pursuance of Articles 56, 59 and 84
of the Road Traffic (Jersey) Law 1956, and with the concurrence of the Minister for Treasury and Resources,
orders as follows –
Commencement [see endnotes]
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;
“parking charges payment terminal” means a fixed
structure situated in the car park at which payment for a parking charge is
made;
“register” means the register maintained under the Registration
Law;
“registered owner” shall be construed in accordance with
the Registration Law;
“valid remote payment” means a payment in respect of a
vehicle parked or to be parked in the car park, such payment being –
(a) made
by means of the internet, but not by means of a parking charges payment
terminal;
(b) accepted
by or on behalf of the Minister; and
(c) of
the amount of the prescribed charge required to be paid to park the vehicle in
the car park for the period during which it is parked or to be parked.[1]
(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, either by valid remote payment or at a parking charges payment
terminal.[2]
(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) 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), in the case of a vehicle parked in
the car park for any period in respect of which a valid remote payment has not
been made, 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.[3]
(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), or the end of a period in respect of
which a valid remote payment has been made, as the case may be.[4]
(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 becomes payable in
respect of the vehicle, trailer boat or other thing.[5]
(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 terminal at the
time recorded.[6]
(3) A printed copy of the
records, held by or on behalf of the Minister, of valid remote payments made in
respect of vehicles shall be prima facie evidence of whether a valid remote
payment was made in respect of a vehicle.[7]
13 Citation
This Order may be cited as the Road Traffic (Sand Street Car Park)
(Jersey) Order 2012.