The A38 Derby Junctions Development Consent Order 2023
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Change 1
18 Clearways
(1) From such day as the undertaker may determine, except as provided in paragraph (2), no person is to cause or permit any vehicle to wait on any part of the lengths of road described in column (2) of Part 6 (traffic regulation measures (clearways and prohibitions)) of Schedule 3 (classification of roads, etc.) where it is identified in the corresponding row of column (3) of that Part that such lengths of road are to become a clearway, except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer. (2) Nothing in paragraph (1) 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 electronic communications apparatus as defined in Schedule 3A (the Electronic Communications Code) 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; or (iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services Act 2000; 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. (3) No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph (1) 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. (4) Paragraphs (1), (2) and (3) 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. (5) In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004.
18 Clearways
(1) From such day as the undertaker may determine, except as provided in paragraph (2), no person is to cause or permit any vehicle to wait on any part of the lengths of road described in column (2) of Part 6 (traffic regulation measures (clearways and prohibitions)) of Schedule 3 (classification of roads, etc.) where it is identified in the corresponding row of column (3) of that Part that such lengths of road are to become a clearway, except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer. (2) Nothing in paragraph (1) 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 electronic communications apparatus as defined in Schedule 3A (the Electronic Communications Code) 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; or (iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services Act 2000; 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. (3) No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph (1) 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. (4) Paragraphs (1), (2) and (3) 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. (5) In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004.
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