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PART 3STREETS

Clearways, prohibitions and restrictions

article 18 18.—(1) Subject to paragraphs (3) and (4), from the date on which the undertaker notifies the relevant highway authority, no person, except upon the direction or with the permission of a police officer or traffic officer in uniform, is to cause or permit any vehicle to wait on any part of a carriageway specified in column (2) of Schedule 7 (clearways) as indicated in column (3) of Schedule 7.

(2) Nothing in paragraph (1) applies—

article 18 2 a (a)to render it unlawful to cause or permit a vehicle to wait on any part of the carriageway or verge, for so long as may be necessary to enable that vehicle to be used in connection with—

article 18 2 a i (i)the removal of any obstruction to traffic;

article 18 2 a ii (ii)the maintenance, improvement, reconstruction or operation of the carriageway or verge;

article 18 2 a iii (iii)the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the carriageway or verge 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 to the Communications Act 2003(1); or

article 18 2 a iv (iv)any building operation or demolition;

article 18 2 b (b)in relation to a vehicle being used—

article 18 2 b i (i)for police, ambulance, fire and rescue authority or traffic officer purposes;

article 18 2 b ii (ii)in the service of a local authority, Highways England, a safety camera partnership or the Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

article 18 2 b iii (iii)in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991(2); or

article 18 2 b iv (iv)by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services Act 2011(3); or

article 18 2 c (c)in relation to a vehicle waiting when the person in control of it is—

article 18 2 c i (i)required by law to stop;

article 18 2 c ii (ii)obliged to stop in order to avoid an accident; or

article 18 2 c iii (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 Schedule 7 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) to (3) have effect as if made by a traffic regulation order under the 1984 Act and their application may be varied or revoked by such an order under that Act or by any other enactment which provides for the variation or revocation of such orders.

(1)

2003 c. 21; Schedule 3A was inserted by Schedule 1 to the Digital Economy Act 2017 (c. 30).