Knowsley Avenue, Ryall Avenue South

City of Salford (Knowsley Avenue, Ryall Avenue South, Ordsall, Salford) (Prohibition of Waiting and Limited Waiting Parking Places) Order 2023

The council of the City of Salford in exercise of its powers under Sections 1(1), 2(1) to (3), 4(2), 32(1) and 35(1) of the Road Traffic Regulation Act 1984 ('the 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

In this order:

(1) 'Disabled Person’s Badge' has 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 being a vehicle which, immediately before or after any period of waiting allowed by virtue of a provision of a kind required by 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.

'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 a period of waiting begins, which has not ceased to be valid.

'Driver' in relation to a vehicle waiting in a limited waiting parking place means the person driving the vehicle at the time it was left in the said parking place.

'limited waiting parking place' means the area of road specified in Column 1 of the schedule  to this order to be used as a parking place and unless otherwise so specified bounded on one side by the edge of the carriageway and on the other side by a road marking complying with diagram 1028.4 of schedule 7, part 4, of the Traffic Signs Regulations and General Directions 2016.

'Owner' in relation to a vehicle means the person by whom such a vehicle is kept and used.

(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 facia of the vehicle, or
  • where the vehicle is not fitted with a dashboard or facia, 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 facia of the vehicle; or
  • where the vehicle does not have a dashboard or facia, 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.

No waiting at any time

Save as provided in Article 4 of this order no person shall, except upon the direction or with the permission of a constable in uniform, a civil enforcement officer or a traffic warden, cause or permit any vehicle to wait at any time on the length of road specified in Schedule 1 to this order.

Exemption from prohibition – general exemptions

(1) Nothing in Article 2 of this order shall prevent any person to cause or permit any vehicle to wait on the length 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 length of road;  or
  • the laying, erection, alteration or repair, in or on land adjacent to the said length 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 Communication Act 2003;
• 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 as defined in the Postal Services Act 2000;
• the vehicle to take in petrol, oil, water or air from any garage situated on or adjacent to the said side of length of road;
• the vehicle to wait at or near to any premises situated on or adjacent to the said length of road for so long as such waiting by that vehicle is reasonably necessary in connection with any funeral;
• the vehicle to be used for fire brigade, ambulance or police purposes; or
• goods to be loaded on to or unloaded from the vehicle.

Exemption for disabled persons’ vehicles

(2) Nothing in Article 2 of this order shall prevent any person to cause or permit a Disabled Person's Vehicle which displays in the relevant position a Disabled Person's Badge, and a Parking Disc (on which the driver or other person in charge of the vehicle, has marked the time at which the period of waiting began) to wait on the length of road referred to in that Article for a period not exceeding 3 hours (not being a period separated by an interval of less than 1 hour from a previous period of waiting by the same vehicle on the same length of road on the same day).

Authorisation and use of limited waiting parking places

Each area of road specified in Column 1 of Schedule 2 to this order is authorised to be used as a Limited Waiting Parking Place for use by such classes of vehicles, in such positions on such days and during such hours and within such time limits as is specified in Columns 2, 3, 4, 5 of Schedule 2 to this order.

Save as provided in Article 14 of this order where in Schedule 1 to this order a Limited Waiting Parking Place is described as available for vehicles of a specified class or in a specified position the Driver of a vehicle is only entitled to wait in the length of road specified in Column 1 of Schedule 2 to this order:

• if it is of the specified class; and
• is in position wholly within the limits of the limited waiting parking place.

The use of a Limited Waiting Parking Place otherwise than in accordance with the provisions of Article 5 of this Order is a parking contravention.

Conditions of use of limited waiting parking place

The driver of a vehicle shall not use a Limited Waiting Parking place so as to unreasonably prevent access to any premises adjoining the road or the use of the road by any other person, or so as to be a nuisance.

The driver of a motor vehicle using a Limited Waiting Parking Place shall stop the engine as soon as the vehicle is in position in the said parking place and shall not start the engine again except when about to change the position of the vehicle in or to depart from the said parking place.

No person shall use the vehicle whilst it is in a Limited Waiting Parking Place in connection with the sale of any article to persons or near the said parking place or in connection with the selling or offering for hire of his skill or services.

When a vehicle is left in a Limited Waiting Parking Place in contravention of the provisions of this Order, a person authorised in that behalf by the Council may remove the vehicle or arrange for it to be removed from the said parking place: provided that when a vehicle is waiting in the parking place in contravention of the provisions of Article 5(b) of this Order, a person authorised in that behalf may alter or cause to be altered the position of the vehicle in order that it shall comply with that provision.

Any person removing the vehicle or altering its position by virtue of the preceding Article of this Order, may do so by towing or driving the vehicle or in such other manner as he may think fit and take such measures in relation to the vehicle as he may think necessary to enable him to remove it or alter its position as the case may be.

When a person removes or makes arrangements for the removal of a vehicle from a Limited Waiting Parking Place by virtue of Article 10 of this Order, he shall make such arrangements as may be reasonably necessary for the safe custody of the vehicle.

Any person authorised in that behalf by the Council may in the case of emergency move or cause to be moved to any place he thinks fit any vehicle left in a Limited Waiting Parking Place.

Exemptions – general 

Notwithstanding the foregoing provisions of this Order, any vehicle may wait in any part of the Limited Waiting Parking Place, if the use has not been suspended and:

• the vehicle is waiting only for so long as may be necessary to enable a person to board or alight from the vehicle;
• the vehicle is waiting owing to the Driver being prevented from proceeding by circumstances beyond his control or to such waiting being necessary in order to avoid an accident;
• the vehicle is being used for fire brigade, ambulance or police purposes or is being used in the service of a local authority in pursuance of statutory powers or duties;
• the vehicle is waiting only for so long as may be necessary to enable it to be used in connection with the removal of any obstruction to traffic or
• the vehicle is waiting:
  • while postal packets addressed to premises adjacent to the said parking place in which the vehicle is waiting are being unloaded from the vehicle or having been unloaded therefrom are being delivered; or
  • while postal packets are being collected  for loading on the vehicle from premises  or posting  boxes adjacent to the said parking place in which the vehicle is waiting  or having been so collected are being loaded thereon;
• in connection with any building operation or demolition in or adjacent to the said parking place, the maintenance, cleansing, improvement or reconstruction of the roads authorised to be used as Limited Waiting Parking Place or the laying, erection, alteration or repair in or adjacent to any of the said Limited Waiting Parking Place of any sewer or of any main pipe or apparatus for the supply of gas, water, electricity or of any telecommunications apparatus as defined in the Communications Act 2003.

Exemption for disabled persons vehicles

Nothing in this order shall apply to a Disabled Person’s Vehicle displaying in the relevant position a valid Disabled Person’s Badge.

Suspensions

Any person authorised by the council, or a constable in uniform may suspend, subject to such conditions or exceptions as he considers appropriate, the use of a Limited Waiting Parking Place or any part thereof, whenever he considers such suspension reasonably necessary:

• for the purpose of facilitating the movement of traffic or promoting its safety.
• for the convenience of the occupiers of premises adjacent to the said parking place on the occasion of :
• the removal of furniture from one building to another; or
• at times of weddings or funerals;
• for any special occasion, except for weddings and funerals, or on any occasion on which it is likely by reason of some special attraction that any street would be thronged or obstructed;
• for any of the purposes specified in Article 14(f) of this order.

Any person suspending the use of a Limited Waiting Parking Place or any part thereof in accordance with the provisions of Article 16 of this order, shall thereupon place or cause to be placed in or adjacent to said parking place or any part thereof, use of which is suspended, a traffic sign indicating that waiting by vehicles is not permitted.

No person shall cause or permit a vehicle to be left in a Limited Waiting Parking Place or any part thereof, as the case may be during such period as there is in or adjacent to the said parking place a traffic sign placed in pursuance of Article 17 of this order.

Commencement

This order shall come into operation on 30 March 2023 and may be cited as the City Of Salford (Knowsley Ave Ryall Ave South, Ordsall, Salford) (Prohibition Of Waiting And Limited Waiting Parking Places) Order 2023

Schedule 1

No Waiting at Any Time

Schedule 2

Limited Waiting Parking Place

Operative 8am to 6pm Monday to Saturday.

Waiting limited to 2 hours. No return within 2 hour.

Statement of reason

Knowsley Avenue and Ryall Avenue South are part of a new residential housing development which is situated to the west of Phoebe Street in the ward of Ordsall, Salford. As Knowsley Avenue and Ryall Avenue South are not adopted, but accessible to the public, it has been agreed with the developer to introduce the proposed restrictions.

The limited waiting proposals will maintain a parking facility, but ensure there is a turnover, and the area is not used by commuters for all day parking, depriving local residents and their visitors of this vital limited parking facility. The prohibition of waiting restrictions will ensure vehicles can reverse out of the parking bays on the north side of Knowsley Avenue and that the access to the residential properties at the western end is not obstructed.

On Ryall Avenue South the waiting restrictions will protect the access to ensure access for all vehicles including service and emergency vehicles. They will also ensure pedestrian crossing points are kept clear and maintain visibility sight lines. Additionally, the restrictions in the turning head area will ensure it is kept clear, so vehicles can turn round and exit in a forward gear and not have to reverse out on to Phoebe Street.

The above proposals will provide a safe and accessible road for all road users.

Details of the proposals are set out in the accompanying documents and plan.

Have your say

A copy of the proposed orders together with the plans and a statement of the council's reasons for proposing to make the orders may be examined at Swinton Gateway, 100 Chorley Road, Swinton, M27 6BP, Monday to Friday 9am to 6pm.

Alternatively write in to the address below or email the council for a copy of the documents placed on deposit.

Objections to the proposal must be sent in writing to phlegal@manchester.gov.uk or c/o Fiona Ledden, City Solicitor PO Box 532, Town Hall, Manchester, M60 2LA, stating the grounds on which they are made, no later than 24 April 2023 (quoting ref: L/AMSH/OUT1093/1067)

Dated: 30 March 2023

John Searle Strategic Director, Place.
Salford Civic Centre, Chorley Road, Swinton, Salford, M27 5DA.