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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1995/uksi_1995993_en.html

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Statutory Instruments

1995 No. 993

OPEN SPACES

The Hyde Park and The Regent's Park (Vehicle Parking) Regulations 1995

Made

2nd April 1995

Coming into force

3rd April 1995

Whereas a draft of these Regulations has been laid before Parliament, a period of forty days has expired, and neither House has resolved that the Regulations be not made:

Now, therefore, the Secretary of State, in exercise of the powers conferred by section 2(1) of the Parks Regulation (Amendment) Act 1926(1) and now vested in him(2), and by section 62 of the Road Traffic Regulation Act 1984(3) and of all other powers enabling him in that behalf, hereby makes the following Regulations:-

Citation and commencement

1. These Regulations may be cited as the Hyde Park and The Regent's Park (Vehicle Parking) Regulations 1995 and shall come into force on 3rd April 1995.

Interpretation

2. In these Regulations-

"constable" includes a park constable within the meaning of section 3 of the Parks Regulation Act 1872(4);

"invalid carriage" means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person;

"motor cycle" means a mechanically propelled vehicle (not being an invalid carriage) with fewer than 4 wheels, of which the weight unladen does not exceed 410 kilograms;

"official notice" means a notice exhibited by or on behalf of the Secretary of State;

"Park" means either Hyde Park or The Regent's Park as the case may be;

"parking place" means a place shown on an official notice as being appointed under these Regulations for the time being by the Secretary of State as a place for parking vehicles;

"parking permit" means a permit issued by the Secretary of State for the parking of the vehicle in question;

"parking ticket" means a ticket, obtained for the parking of the vehicle in question in a parking place in the Park from a machine located by authority of the Secretary of State in the Park in which the vehicle is parked or from a person authorised to dispense a ticket by the Secretary of State, which shows the charge paid and the period in respect of which the charge has been paid;

"valid parking ticket" means a parking ticket showing as the period in respect of which the charge has been paid a period comprising the entire period during which the vehicle remains parked;

"vehicle" means a mechanically propelled vehicle intended or adapted for use on roads.

Times when parking ticket is required

3. Subject to regulation 8 no person shall allow a vehicle to remain parked in a parking place in-

(a)Hyde Park at any time between 08.30 hours and 18.30 hours on Mondays to Saturdays inclusive, or

(b)The Regent's Park at any time between 09.00 hours and 18.30 hours on Mondays to Fridays inclusive or 09.00 hours and 13.30 hours on Saturdays

unless a valid parking ticket is displayed in the vehicle in such a way that it is clearly visible to a person outside the vehicle.

Duration of permitted parking

4. No person shall allow a vehicle to remain parked in a parking place in Hyde Park or The Regent's Park during the periods referred to in sub-�paragraphs (a) and (b) of regulation 3 for more than four continuous hours.

Restriction on parking in Outer Circle of The Regent's Park

5. No person shall allow a vehicle to remain parked in the area of The Regent's Park known as the Outer Circle at any time between 05.00 hours and 09.00 hours on any day.

Charge for a parking ticket

6. The charge for a parking ticket shall be 5 pence for every two minutes or part thereof.

Excess charge

7.-(1) An excess charge of £30 shall be payable, in accordance with paragraph (2), in respect of any vehicle which is allowed to remain parked in contravention of regulation 3 or 4.

(2) The excess charge shall be paid to the Secretary of State, or to a person authorised by the Secretary of State to receive such charge on his behalf, by the person who parked the vehicle in the Park within 14 days of the date of a written demand for the same.

(3) Payment of the excess charge in accordance with paragraph (2) shall preclude proceedings being commenced for contravention of regulation 3 or 4.

Exemptions

8.-(1) A parking ticket shall not be required in respect of a vehicle in which a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970(5) is displayed in accordance with regulations made under that section(6).

(2) A parking ticket shall not be required in respect of a motor cycle.

(3) These Regulations shall not apply in respect of any vehicle in which a parking permit is displayed in such a way that it is clearly visible to a person outside the vehicle and which is allowed to remain parked in accordance with the terms of that parking permit.

(4) Regulations 3 and 4 shall not apply on English bank or public holidays.

General

9.-(1) Where a constable has reasonable grounds to believe that a person has contravened any one or more of these Regulations that person shall give on demand his name and address to that constable.

(2) Where in any proceedings for a contravention of regulation 7(2) it is proved that the amount which has become due, or any part of that amount, has not been duly paid the court shall order the payment of the sum not paid and any sum so ordered to be paid shall be recoverable as a penalty.

(3) Nothing in these Regulations shall be taken to authorise any act which is prohibited under the Royal and other Parks and Gardens Regulations 1977(7).

Revocation

10. The Hyde Park and The Regent's Park (Vehicle Parking) Regulations 1994(8) are hereby revoked.

Iain Sproat

Parliamentary Under Secretary of State

Department of National Heritage

2nd April 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace The Hyde Park and The Regent's Park (Vehicle Parking) Regulations 1994 ("the 1994 Regulations") which introduced a charge of £1.50 per hour or part thereof for the parking of vehicles in two hour and four hour parking places in Hyde Park and The Regent's Park during the times referred to in the 1994 Regulations.

These Regulations impose a general four hour parking limit in place of the two and four hour parking limits imposed by the 1994 Regulations and replace the charge of £1.50 per hour or part therof with a charge of 5 pence per two minutes or part thereof. There is also now no charge in respect of motor cycles or vehicles displaying a disabled persons badge and the Regulations no longer apply to vehicles parked in accordance with a parking permit issued by the Secretary of State. Neither do the Regulations any longer apply on English bank and public holidays, save in respect of the prohibition on parking in the Outer Circle of The Regent's Park during the hours referred to in regulation 5.

The Regulations continue the provisions in the 1994 Regulations by providing for an excess charge of £30 to be paid by the person who parked the vehicle if either a vehicle is parked for more than four hours or, in the case of a vehicle which is not a motor cycle or which does not display a disabled persons badge, fails to display a valid parking ticket. The Regulations also continue the prohibition on parking in the Outer Circle of the Regent's Park during the hours referred to in regulation 5.

(4)

1872 c. 15; as amended by section 2 of, and para 1 of the Schedule to, the Parks Regulation (Amendment) Act 1974 (c. 29).

(6)

Regulations for the display of disabled persons badges are currently made in the Disabled Persons (Badges for motor vehicles) Regulations 1982 (S. 1982/1740">1982/1740).

(7)

S.I. 1977/217.

(8)

S.I. 1994/432.


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URL: http://www.bailii.org/uk/legis/num_reg/1995/uksi_1995993_en.html