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Part IIParking

4Stopping on or near pedestrian crossings

(1)This section shall apply to any part of a road in a special parking area in the borough of a participating council within the limits of a crossing or a crossing controlled area.

(2)A driver of a vehicle shall not at any time cause it to stop on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under section 6 of the Act of 1984.

(3)Nothing in this section shall prohibit the driver of a vehicle from causing it to stop within the limits of a crossing or a crossing controlled area in circumstances where doing so would not contravene regulations made or having effect as if made under section 25 of the Act of 1984.

(4)(a)No penalty charge shall be payable pursuant to subsection (2) above by the driver of a vehicle who causes it to stop contrary to that subsection in any case where—

(i)by reason of that stopping the vehicle is removed by, or under arrangements made by, a constable or traffic warden under regulations made pursuant to section 99 of the Act of 1984; or

(ii)a notice is given to the driver under section 54 (2) or (4) of the [1988 c. 53.] Road Traffic Offenders Act 1988 in respect of any offence under section 25 of the Act of 1984 constituted by that stopping; or

(iii)notification of an intention to prosecute the driver in respect of such an offence is given by the Commissioner to the council of the borough in which the crossing is situated before the expiry of the period of 14 days, beginning with the day on which the stopping takes place.

(b)Where the driver of a vehicle causes it to stop contrary to subsection (2) above, he shall not be liable to be prosecuted in respect of any offence under section 25 of the Act of 1984 constituted by that stopping unless the case falls within sub-paragraph (i), (ii) or (iii) of paragraph (a) above.

(5)Nothing in subsection (2) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.

(6)In this section—

(a)“crossing” means a crossing for pedestrians established or having effect as if established pursuant to section 23 of the Act of 1984; and

(b)“crossing controlled area” means any area of the carriageway in the vicinity of a crossing being an area the presence and limits of which are indicated in accordance with regulations made or having effect as if made under section 25 of the Act of 1984.