Experimental Part-Time Prohibition of Driving Restrictions Order 2023

East Dunbartonshire Council

(Park Road, Bishopbriggs; Craiglea Crescent And Kirk Street, Milngavie; Craighead Avenue, Craighead Road And School Lane, Milton of Campsie)

(Experimental Part-time Prohibition of Driving Restrictions) Order 2023.

PLEASE NOTE: This order has been extended, to find out more, visit the useful links section below.

East Dunbartonshire Council in exercise of the powers conferred on them by Sections 1(1), 2(1) to (3), 3(2), 9(1) to (4) and 10 of the Road Traffic Regulation Act 1984 ("the Act") and of all other enabling powers and after consultation with Chief Constable of the Police Service of Scotland in accordance with Part III of Schedule 9 to the Act hereby make the following Order:-

1. This Order may be cited as the "East Dunbartonshire Council (Park Road, Bishopbriggs; Craigielea Crescent and Kirk Street, Milngavie; Craighead Avenue, Craighead Road and School Lane, Milton of Campsie) (Experimental Part-Time Prohibition of Driving Restrictions) Order 2023” and shall come into operation on 20 November 2023 and remain in operation until 20 December 2024
2. In this Order, except where the context otherwise requires, the following expressions shall have the meanings hereby assigned to them:

“Bus” has the same meaning as in the Traffic Signs Regulations and General Directions 2016;

“Carers and Support Workers” means in relation to this Order only, any carer employed or contracted by the East Dunbartonshire Council or by a person residing at a property the postal address of which is in a Restricted Road, who requires access as part of their duties;

“Council” means the East Dunbartonshire Council incorporated under the Local Government etc. (Scotland) Act 1994;

“Disabled Person’s Badge” has the same meaning as in the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002;

"Driver" has the meaning applied to it by Section 192 of the Road Traffic Act 1988;

“Healthcare Worker” means: a) such persons as have been identified by NHS Greater Glasgow and Clyde as being a GP, doctor, registered nurse or any other nominated medical persons carrying out domiciliary visits to patients residing at a property, the postal address of which is in a Restricted Road; or b) such persons as are GP’s, doctors, registered nurses employed at medical practices and carrying out domiciliary visits to patients residing at a property, the postal address of which is in a Restricted Road;

“Local Authority” means a council constituted by Section 2 of the Local Government etc. (Scotland) Act 1994;

"Permit Holder" means a person to whom a Traffic-Free Schools Permit has been issued in terms of this Order;

"Resident" means a person whose usual residence is at premises, the postal address of which is in any road or part of a road which is a Restricted Road specified in the Schedule;

"Restricted Roads" means the lengths of roads specified in the Schedule to this Order;

“School Day” means any day Monday to Friday during Council school terms;

"Taxi" has the meaning applied to it by Section 23 of the Civic Government (Scotland) Act 1982 as amended;

"Traffic-Free Schools Permit" means a permit issued in terms of Articles 12, 13 or 14 of this Order;

“Universal Postal Service” has the same meaning as in Part 3 of the Postal Services Act 2011;

“Vehicle” unless the context otherwise requires, means a vehicle of any description and includes a machine or implement of any kind drawn or propelled along roads whether or not by mechanical power.

3. Save as provided in Articles 4, 5, 6, 7, 8 and 9 of this Order no person shall, except upon direction of a police constable in uniform, drive or cause or permit to be driven any Vehicle in or upon a Restricted Road between the hours of 8.30 am and 9.15 am, and 2.30 pm and 3.15 pm Monday to Friday during School Days only
4. Nothing in Article 3 of this Order shall prevent any person from driving or causing or permitting to be driven any Vehicle in or upon a Restricted Road between the hours referred to in Article 3 provided the Vehicle is displaying, in the manner specified in Article 10 of this Order, a valid Traffic-Free Schools Permit issued in respect of the use of that Vehicle
5. Nothing in Article 3 of this Order shall prevent any person from driving or causing or permitting to be driven any Vehicle in or upon a Restricted Road between the hours referred to in Article 3 where the Vehicle is a Taxi or Bus contracted by the local education authority but only for the purpose of dropping off or picking up school children
6. Nothing in Article 3 of this Order shall apply to a Vehicle being used for Police, Fire Brigade or Ambulance emergency purposes or in the service of a Local Authority and being used in pursuance of statutory powers and duties
7. Nothing in Article 3 of this Order shall apply to:

• a Vehicle being used by Healthcare Workers or Carers and Support Workers;
• a Vehicle being used by Universal Postal Services or being used by a delivery firm in the course of their business delivering or collecting parcels; or
• a Vehicle being used in connection with the laying, erection, alteration or repair of any sewer or any main pipe or apparatus for the supply of gas, water, electricity or any kind of communications apparatus as defined in sub-paragraph 1 (1) of Schedule 2 of the Telecommunications Act 1984

8. Nothing in Article 3 of this Order shall apply to a Vehicle being used in connection with wedding or funeral operations
9. Nothing in Article 3 shall apply to any Vehicle which is not causing an obstruction and which displays a Disabled Person’s Badge
10. At all times during which a Vehicle is driven in or upon the Restricted Roads between the hours of 8.30 am and 9.15 am, and 2.30 pm and 3.15 pm Monday to Friday during School Days only, the Driver thereof shall display or cause to be displayed at the front or the nearside of the Vehicle and so as to be clearly visible from the front or nearside of the Vehicle a valid Traffic-Free Schools Permit issued in respect of that Vehicle showing the particulars referred to in Article 23 of this Order
11. When a Traffic-Free Schools Permit has been displayed on a Vehicle in accordance with Article 10 of this Order, no person, not being the Driver of the Vehicle, shall remove the Traffic-Free Schools Permit from the Vehicle unless authorised to do so by the Driver
12. Each address on a Restricted Road will receive one Traffic-Free Schools Permit. Applications may be made by a Resident to the Council’s Traffic and Transport Service for the issue of an additional Traffic-Free Schools Permit and any such additional Traffic-Free Schools Permit once issued shall have the same effect as a Traffic-Free Schools Permit issued automatically to that address
13. The Council’s Education Service may apply to the Council’s Traffic and Transport Service for the issue of a Traffic-Free Schools Permit to a nominated person who requires access to and from a school on a Restricted Road
14. The Council’s Traffic and Transport Service, upon being satisfied that the applicant is a Resident in accordance with Article 12 or is nominated by the Education Service for a school on a Restricted Road, in accordance with Article 13, may at their discretion issue to that applicant a Traffic-Free Schools Permit
15. A Permit Holder may surrender a Traffic-Free Schools Permit to the Council at any time and shall so surrender it on the occurrence of any of the circumstances set out in Article 18
16. The Council may, by notice in writing sent by recorded delivery post to a Permit Holder at the address provided by the Permit Holder on the application for the Traffic-Free Schools Permit or at any other address believed to be that person’s residence, intimate cancellation of a Traffic-Free Schools Permit if it appears to the Council that any of the circumstances set out in Article 18 hereof has occurred; in that event the Permit Holder shall surrender the Traffic-Free Schools Permit to the Council within forty eight hours of receipt of the said notice
17. A Traffic-Free Schools Permit shall cease to be valid on the occurrence of any of the circumstances set out in Article 18
18. The circumstances referred to in the foregoing provisions of this Article are:-

• a Permit Holder ceases to be a Resident
• the Education Service advises the Council’s Traffic and Transport Service that a Traffic-Free Schools Permit is no longer required for that Permit Holder
• the issue of a duplicate Traffic-Free Schools Permit by the Council in terms of Article 19 or Article 20 of this Order
• the use of a Traffic-Free Schools Permit other than in accordance with the provisions of this Order, or
• the Council or their authorised representative becoming reasonably satisfied that false information has been deliberately provided by a Permit Holder when applying for a Traffic-Free Schools Permit in terms of Article 12 or Article 13 of this Order.

19. If a Traffic-Free Schools Permit is mutilated or defaced or the figures or other particulars on it have become illegible or the colour of the Traffic-Free Schools Permit has altered by fading or otherwise, the Permit Holder shall surrender it to the Council and may then apply to the Council for the issue of a duplicate Traffic-Free Schools Permit
20. If a Traffic-Free Schools Permit is lost or destroyed, the Permit Holder may apply to the Council for the issue to the Permit Holder of a duplicate Traffic-Free Schools Permit
21. The provisions of this Order shall apply to a duplicate Traffic-Free Schools Permit as if it were a Traffic-Free Schools Permit
22. Any duplicate Traffic-Free Schools Permit issued by the Council shall be marked as a duplicate, and upon the issue thereof the Traffic-Free Schools Permit which it duplicates shall become invalid
23. A Traffic-Free Schools Permit shall be in writing and shall include an authentication that the Traffic-Free Schools Permit has been issued by the Council
24. A valid Traffic-Free Schools Permit shall be displayed upon the Vehicle in respect of which it has been issued in the following manner, that is to say in the relevant position and in such manner that the whole of the obverse side of the permit is readily visible from outside the Vehicle

IN WITNESS WHEREOF these presents consisting of this order and following Schedule is executed as follows:

Subscribed for and on behalf of THE EAST DUNBARTONSHIRE COUNCIL By Karen M. Donnelly, Chief Solicitor and Monitoring Officer

Placing of signing: Kirkintilloch
Date of signing: 7 November 2024

Witness name: Fiona Stirling
Witness signature: Fiona Stirling

Address: 12 Strathkelvin Place, Kirkintilloch, G66 1TJ 

Monday to Friday 08:30am - 09:15am and 2:30pm – 3:15pm during school days only except for permit holders, blue badge holders and permitted vehicles

Lengths of Road in East Dunbartonshire

BISHOPBRIGGS

• Park Road - From its junction with the extended southeast kerbline of Hillside Drive south-eastwards then north-eastwards to the extended southwest kerbline of Birnam Avenue.

MILNGAVIE

• Craigielea Crescent - From its junction with the extended south kerbline of Kirk Street southwards to the extended north kerbline of Ashburn Road
• Kirk Street - From its junction with Hunter Road eastwards to the junction with Craigend Drive West and Balvie Road.

MILTON OF CAMPSIE

• Craighead Avenue - From its junction with Craighead Road eastwards to the junction with Scott Avenue
• Craighead Road - From its junction with the extended northeast kerbline of A891 Antermony Road north-westwards for a distance of 205 metres
• School Lane - From its junction with Antermony Road eastwards to the junction with Craighead Road.

KAREN M. DONNELLY
CHIEF SOLICITOR & MONITORING OFFICER

It is considered necessary to make the above order to introduce an Experimental Traffic Regulation Order which will prohibit driving in the immediate vicinity of the selected primary schools for short periods of time at the start and end of the school day, to create a safer environment for pupil and parent to walk, cycle or wheel to and from school.

Karen M, Donnelly
Chief Solicitor & Monitoring Officer
Legal & Regulatory Services
12 Strathkelvin Place
KIRKINTILLOCH
G66 1TJ

View the experimental order plan in the documents section below.