1. Part 1 - Commencement Citation and Revocation
Teignbridge District Council (“the Council”) in exercise of their powers under sections 32 & 35 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984(“the 1984 Act”), and the Traffic Management Act 2004 as amended (“the 2004 Act”) of all other enabling powers and with the consent of the County Council of Devon in accordance with section 39(3) of the 1984 Act and after consulting the chief officer of police in accordance with paragraph 20(1) of Schedule 9 to the 1984 Act make the following order:
- This Order shall come into effect on the 1 st April of Two thousand and twenty one and may be cited as “The District of Teignbridge (Civil Enforcement Off Street Parking Places) Order 2021”
- All previous District of Teignbridge (Off Street Parking Places) Orders are hereby revoked
- Any reference in this Order to a numbered Article is a reference to the Article bearing that number in this Order and any reference in this Order to the Schedule is a reference to the Schedule to this Order
- In this Order except where the context otherwise requires
- (a) “Civil Enforcement Officer” means persons employed or contracted by the Council and authorised by or on behalf of the Council to supervise any parking place or to enforce the restrictions imposed by this order.
- (b) “Charging hours” means any period specified in column 8 of the Schedule in respect of any Parking Place
- (c) “Disabled persons badge” has the same meaning as in the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 as Amended by Disabled Persons (Badges for Motor Vehicles)(England) (Amendment)Regulations 2013
- (d) “Residents Blue Badge Holder Parking Permit shall mean a Residents Blue Badge Holder Parking Permit issued by Teignbridge District Council to a person who has satisfied the criteria for the time being in place to hold such a permit.
- (e) “Disabled Person’s Vehicle” means a vehicle displaying a Residents Blue Badge Holder Parking Permit or Disabled persons badge.
- (f) “driver” in relation to a vehicle left in a Parking Place means the person driving the vehicle at the time it was left in the Parking Place or the person deemed to be the driver under the terms of this Order
- (g) “electric vehicle” means any vehicle which uses one or more electric motors for propulsion
- (h) “electric vehicle charging point” means a designated space in an off-street car park at which an electric vehicle charging point is situated
- (i) “invalid carriage” shall have the meaning assigned to it by section 136(5) of the 1984 Act
- (j) “motor vehicle” shall have that meaning assigned to it by section 136(1) of the 1984 Act
- (k) “motor cycle” shall have that meaning assigned to it by section 136(4) of the 1984 Act
- (l) “owner” in relation to a vehicle means the person by whom such vehicle is kept and used.
- (m) “Parking Bay” means any area of a Parking Place which is provided for the leaving of a vehicle and indicated by markings on the surface of the Parking Place
- (n) “Parking Device” means either a ticket, card, disc, token, permit, stamp or electronic payment or other similar device, whether used in a vehicle or not (subject to the subsequent provisions of this Order)
- (o) “Parking Place” means any area of land specified by name in the Schedule provided by the Council under section 32(1) of the 1984 Act for use as a Parking Place
- (p) “Pay Station” means the machine into which payment for the use of the Parking Place is made
- (q) “Pre-Paid Card” means a Decremental Card or other similar card which has been issued by the Council following payment of the specified fee for issue of the card
- (r) “Permit” shall mean any Parking Device issued for a set period of time.
- (s) “trailer” shall have that meaning assigned to it by section 136(1) of the 1984 Act (3) The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament