Article 14 ClearwaysI1

England, Wales and Scotland

(1)

On the date on which the roads described in Part 3 of Schedule 3 (classification of roads etc.) are de-trunked in accordance with article 10(2) (classification of roads etc.)—

(a)

the Swansea-Manchester Trunk Road (Prohibition of Waiting) (Clearways) Order 1970^f1 is varied by substituting for paragraph 1 of Schedule 1, “Between the southern boundary of the Borough of Altrincham to the point 356 metres south of the southern abutment of Chester Road Bridge”; and

(b)

any other order prohibiting the waiting of vehicles in relation to those roads is revoked.

(2)

From the date on which the roads described in Part 2 of Schedule 3 are open for traffic, except as provided in paragraph (3), no person is to cause or permit any vehicle to wait on any part of those roads, other than a lay-by, except upon the direction of, or with the permission of, a constable or traffic officer in uniform.

(3)

Nothing in paragraph (2) applies—

(a)

to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i)

the removal of any obstruction to traffic;

(ii)

the maintenance, improvement, reconstruction or operation of the road;

(iii)

the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any F1electronic communications apparatus as defined in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003; or

(iv)

any building operation or demolition;

(b)

in relation to a vehicle being used—

(i)

for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii)

in the service of a local authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii)

in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991^f2; or

(iv)

by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services Act 2000^f3; or

(c)

in relation to a vehicle waiting when the person in control of it is—

(i)

required by law to stop;

(ii)

obliged to stop in order to avoid an accident; or

(iii)

prevented from proceeding by circumstances outside the person’s control.

(4)

No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph 5 of Part 2 of Schedule 3 for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(5)

Paragraphs (2), (3) and (4) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(6)

In this article, “traffic officer” means an individual designated under section 2 of the Traffic Management Act 2004^f4 (designation of traffic officers).

Annotations

Textual amendments

F1: Words in art. 14(3)(a)(iii) substituted (28.12.2017) by virtue of The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 2 para. 2(2)

Commencement

I1: Art. 14 in force at 18.9.2014, see art. 1

Footnotes

f1: S.I. 1970/104.
f2: 1991 c. 56.
f3: 2000 c. 26.
f4: 2004 c. 18.