Hankinson Way, Rossall Way, Pendleton Way and Loganberry Avenue

Salford City Council proposes to make the following order under the Road Traffic Regulation Act 1984. The title and effects of the order is as follows; City of Salford (Hankinson Way, Rossall Way, Pendleton Way and Loganberry Avenue) (Restricted Parking Zone, Taxi Rank and Amendment) Order 2023

Proposed Taxi Rank 24 Hours on: Loganberry Avenue: South west side from a point 19 metres south east from the south eastern extended kerbline of Hankinson Way to a point 61 metres south east from the south eastern extended kerbline of Hankinson Way.

Proposed Restricted Parking Zone: No Waiting at Any Time and No Loading at Any Time (except in authorised bays) on:

• Hankinson Way - Both sides from a point 25 metres south west from its junction with A576 roundabout to its junction with the Heywood Way/Churchill Way roundabout.
• Rossall Way - Both sides for its full length.
• Pendleton Way - Both sides from a point 25 metres south west from its junction with the A576 roundabout to its junction with the entrance to Pendleton Shopping City Car Park. Loganberry Ave - Both sides for its full length.

The proposed documents may be examined at Swinton Gateway, 100 Chorley Road, Swinton, M27 6BP, Monday to Friday 9am to 6pm inclusive. Alternatively, copies of the documentation may be requested via the email phlegal@manchester.gov.uk or the postal addresses below. If you wish to object to the proposed orders you should send the grounds of your objection in writing to Fiona Ledden, City Solicitor: PO BOX 532, Town Hall, Manchester, M60 2LA, or phlegal@manchester.gov.uk by the 23 June 2023 quoting ref GS/OUT1093/1040

John Searle, Strategic Director Place

Dated: 1 June 2023

City Of Salford (Hankinson Way, Rossall Way, Pendleton Way and Loganberry Avenue) (Restricted Parking Zone, Taxi Rank and Amendment) Order 2023

The council of the City of Salford in exercise of its powers under Sections 1, 2, 3, 4, 19, 32 and 35 of the Road Traffic Regulation Act 1984 ("the Act") and Part IV of Schedule 9 to that Act and of all other enabling powers and after consultation with the Chief Officer of Police for the County of Greater Manchester in accordance with Part III of Schedule 9 to the Act hereby makes the following order:

Interpretation

(1) In this order except where the context otherwise requires:

• “the Act” means the Road Traffic Regulation Act 1984;
• “civil enforcement officer” means a person authorised by or on behalf of the council under Section 63A of the Act to supervise and enforce the restrictions imposed by this order;
• “the Council” means the council of the City of Salford;
• “delivering” and “collecting” in relation to any goods includes checking the goods for the purpose of their delivery or collection;
• “disabled person’s badge” as the same meaning as in The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000;
• “disabled person’s vehicle” means a vehicle lawfully displaying a disabled person’s badge and which is a vehicle which, immediately before or after any period of waiting allowed by virtue of a provision of a kind required by Regulations 7 and 8 of The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 to be included in an order under the Act, has been or is to be used for carrying disabled persons as passengers;
• “driver” in relation to a vehicle waiting in a parking place means the person driving the vehicle at the time when it was left in the parking place;
• “goods” includes postal packets of any description;
• 'goods vehicle' means a motor vehicle or trailer constructed or adapted for use for the carriage of goods or haulage of goods or burden of any description;
• "invalid carriage" has the meaning assigned to it in Section 136 of the Act;
• "junction" means the junction of the respective kerblines of the roads referred to and where appropriate measurements shall be taken from the point of intersection of the respective kerblines as projected;
• 'local service' has the same meaning as in Section 2 of the Transport Act 1985;
• “motor cycle” means a mechanically propelled vehicle (not being an invalid carriage) with fewer than four wheels of which the weight unladen does not exceed 410kg and not having a side car attached;
• “operator” has the same meaning as in Section 137(7) of the Transport Act 1985;
• “parking bay” means a bay in a parking place which is provided for the leaving of a vehicle;
• “parking disc” means a disc issued by a local authority 125 millimetres square, coloured blue and capable of showing the quarter hour period during which the period of waiting begins, which has not ceased to be valid;
• “parking place” means an area of road designated or authorised and described as a parking place by any of the various Articles or Schedules to this order;
• “passenger vehicle” means a motor vehicle (other than a motor cycle or invalid carriage) constructed or adapted solely for the carriage of passengers and their effects;
• “pedal cycle” means a unicycle, bicycle or 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 is to be treated as not being a motor vehicle for the purposes of the Act;
• “postal packet” and “provision of a universal postal service” shall have the same meaning as in the Postal Services Act 2000;
• “public service vehicle” has the same meaning as in Section 1 of the Public Passenger Vehicles Act 1981;
• “relevant position” in the case of a disabled person's badge has the same meaning as in Regulation 4 of the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000;
• “restricted parking zone means” means the Restricted Parking Zone provided by Article 3 of this order comprising the lengths of road specified in Schedule 2 to this order and indicated with signage according to Schedule 5, Part 3 Item 2 of the Traffic Signs Regulations and General Directions 2016;
• “taxi rank” means an area of carriageway reserved for use by taxis waiting to pick up passengers as set out in Schedule 1 definitions of Traffic Signs Regulations and General Directions 2016
• “telecommunications apparatus” has the same meaning as in the Telecommunications Act 1984;
• “trailer” means any vehicle other than a motor vehicle;
• “traffic sign” means a sign of any size, colour and type prescribed or authorised under or having effect as though prescribed or authorised under Section 64 of the Act;
• “universal service provider” has the same meaning as in the Postal Services Act 2000;

(2) For the purpose of this order a vehicle shall be regarded as displaying:

• a disabled person’s badge in the relevant position if:
  • the badge is exhibited on the dashboard or fascia of the vehicle, or
  • where the vehicle is not fitted with a dashboard or fascia, the badge is exhibited in a conspicuous position on the vehicle, so that the front of the badge is clearly legible from the outside of the vehicle.
• a parking disc in the relevant position if:
  • the disc is exhibited on the dashboard or fascia of the vehicle; or
  • where the vehicle does not have a dashboard or fascia, the disc is exhibited in a conspicuous position on the vehicle, so that, when marked to show the quarter-hour period during which a period of waiting began, that period is clearly legible from the outside of the vehicle.

(3) The Interpretation Act 1978 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(4) Any reference in this order to a numbered Article or Schedule shall unless the context otherwise requires be construed as a reference to the Article or Schedule bearing that number in this order.

Amendment to / revocation of existing order

The orders specified in Column 2 of Schedule 1 to this order are revoked or amended to the extent specified in Column 3 of Schedule 1 to this order.

Authorisation of taxi rank

Save as provided in Article 4 to this order no person shall cause or permit any vehicle, except for a taxi, to be in and/or to stop within the taxi rank specified in Schedule 2 this order.

Exemptions

Nothing in Article 3 to this order shall apply to a vehicle:

• Being used for fire brigade, ambulance or police purposes.
• Being used with the permission or under the direction of a police constable in uniform, traffic warden or a civil enforcement officer.
• Which is prevented from proceeding by circumstances beyond the driver’s control or in order to avoid an accident
• Which is a marked vehicle being used by a universal service provider in the course of the provision of a universal postal service and is stationary only for so long as may be necessary while postal packets addressed to premises adjacent to the road are being unloaded from the vehicle or having been unloaded therefrom are delivered or while postal packets are being collected from premises or posting boxes adjacent to that road

Nothing in Article 3 to this order shall apply to a vehicle which is stationary in order that it may be used for one or more of the following purposes and which cannot be used for such purpose without stopping in the clearway:

• Any building operation, demolition or excavation
• The removal of any obstruction to traffic
• The maintenance, improvement or reconstruction of a road
• The construction, improvement, maintenance or cleansing of any street furniture
• The laying, erection, alteration, repair or cleansing of any sewer or of any main, pipe or apparatus for the supply of gas, water, electricity or of any telecommunications a
• pparatus.

Restricted parking zone

Save as provided in Article 7 of this order no person shall, except upon the direction or with the permission of a constable in uniform or a civil enforcement officer, cause or permit any vehicle wait at any time or to load or unload at any time in the lengths of road specified in Schedule 3 to this order.

Exemptions – general

Nothing in Article 6 of this order shall prevent any person to cause or permit any vehicle to wait on the lengths of road referred to in that Article for so long as may be necessary to enable:

• A person to board or alight from the vehicle.
• The vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in connection with any of the following operations, namely:
  • building, industrial or demolition operations
  • the removal of any obstruction to traffic
  • the maintenance, improvement or reconstruction of the said lengths of road; or
  • the laying, erection, alteration or repair, in or on land adjacent to the Said lengths of road, of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus defined in the Telecommunications Act 1984.
• The vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in the service of a local authority or a water authority in pursuance of statutory powers or duties.
• The vehicle to be used for the purpose of delivering or collecting postal packets.
• The vehicle to take in petrol, oil, water or air from any garage situated on or adjacent to the said lengths of road.
• The vehicle to wait at or near to any premises situated on or adjacent to the said lengths of road for so long as such waiting by that vehicle is reasonably necessary in connection with any funeral; or
• The vehicle to be used for fire brigade, ambulance or police purposes.

Schedule 1

Revocations of existing orders

Schedule 2

Taxi Rank 24 Hours

Loganberry Avenue: Southwest side from a point 19metres southeast from the south eastern extended kerbline of Hankinson Way to a point 61 metres south east from the south eastern extended kerbline of Hankinson Way.

Schedule 3

Restricted Parking Zone: No Waiting at Any Time and No Loading at Any Time (except in authorised bays)

Statement of reasons

The proposed restricted parking zone will ensure highway safety is maintained, so that  safe vehicular access, egress throughout the area is maintained for this busy area for traffic, pedestrians and bus service.

It will also help deter pavement parking which often restricting access for pedestrians, especially those with wheel chairs, prams, mobility scooters and other disability impaired pedestrians.

Proposals will also provide a Taxi Rank on Loganberry Avenue improving local amenities.