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1.—(1) Subject to sub-paragraph (3) and paragraph 4, the road marking provided for at item 9 of the Part 4 sign table conveys the prohibition that a person driving a vehicle must not cause it to stop within the clearway—
(a)if the relevant upright sign placed in conjunction with the marking does not show a time period, at any time; or
(b)if the relevant upright sign shows a time period, during that period.
(2) For the purposes of this paragraph—
(a)“clearway” means an area of carriageway bounded by the continuous and broken straight lines provided for at item 9;
(b)“relevant upright sign” means an upright sign which includes a stopping prohibited symbol and indicates that stopping by vehicles other than buses or local buses is prohibited, or prohibited during the period indicated; and
(c)a vehicle is taken to have stopped within a clearway if—
(i)any point in the clearway is below the vehicle or its load (if any); and
(ii)the vehicle is stationary.
(3) The prohibition in sub-paragraph (1) does not apply to the driver of a bus who causes the bus to stop within the clearway for so long as may be necessary—
(a)to maintain a published timetable for the service (provided, in the case of a clearway marked “BUS STOP”, that the bus is not stopped within the clearway for a period exceeding two minutes);
(b)to enable passengers to board or alight from the bus; or
(c)to enable the crew of the bus to be changed.
2. The road marking provided for at item 10 of the sign table in Part 4, when not placed in conjunction with an upright sign which includes the symbol at item 12 of the sign table in Part 3 of Schedule 4 (prohibiting stopping on entrance markings), indicates a part of the carriageway outside an entrance where vehicles should not stop.
3. Subject to paragraph 4, the road marking at item 10, when placed in conjunction with an upright sign which includes the symbol at item 12, conveys the prohibition that, subject to the exceptions in paragraph 5, a person driving a vehicle must not cause it to stop on that marking—
(a)if the sign placed in conjunction with the marking does not show a time period, at any time; or
(b)if the sign shows a time period, during that period.
4.—(1) The prohibition in paragraphs 1 and 3 does not apply to a vehicle being used for at least one of the following purposes—
(a)fire and rescue authority;
(b)Scottish Fire and Rescue Service;
(c)traffic officer;
(d)ambulance;
(e)providing a response to an emergency at the request of an NHS ambulance service;
(f)bomb or explosive disposal;
(g)special forces;
(h)police; and
(i)National Crime Agency.
(2) The prohibition in paragraphs 1(1) and 3 does not apply in respect of—
(a)a vehicle that has stopped with the permission or at the direction of—
(i)a constable in uniform;
(ii)a traffic warden; or
(iii)a traffic officer in uniform;
(b)a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;
(c)in respect of paragraph 1 only, a taxi which is stationary only for so long as may be reasonably necessary for a passenger to board or alight and to load or unload any luggage of the passenger (but this exemption does not apply in relation to a marking on a red route where paragraph 12 of Part 5 applies);
(d)a marked vehicle which, whilst used by a universal service provider in the course of the provision of a universal postal service, is stationary only for so long as may be reasonably necessary for postal packets to be collected;
(e)in respect of paragraph 1 only, a vehicle driven by a person whilst being trained to drive a bus operating local services who, as part of that training, stops the vehicle on the road marking for no longer than necessary to simulate the stopping of a bus at a bus stop for the purpose of picking up and setting down passengers;
(f)a vehicle which is stationary in order that it may be used for one or more of the purposes specified in sub-paragraph (3) and which cannot be used for such a purpose without stopping on the marking.
(3) The purposes are—
(a)any operation involving building, demolition or excavation;
(b)the removal of any obstruction to traffic;
(c)the maintenance, improvement or reconstruction of a road;
(d)constructing, improving, maintaining or cleaning any street furniture (including, in respect of paragraph 1 only, bus stop infrastructure); or
(e)the laying, erection, alteration, repair or cleaning of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any electronic communications apparatus kept installed for the purposes of an electronic communications code system or of any other electronic communications apparatus lawfully kept installed in any position.
(4) In this paragraph, the expressions “universal service provider”, “provision of a universal postal service” and “postal packet” have the same meanings as in the Postal Services Act 2000(1).
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