Public space protection order

Nuisance Vehicle Order 2022

Please see below NUISANCE VEHICLE ORDER 2022 – DARTFORD BOROUGH . Please note this is the official wording from the Order itself. If you require a copy of the official sealed document please contact the Community Safety Unit via email - Community.Safety@dartford.gov.uk or call 01322 343434.

Anti-social Behaviour, Crime and Policing Act 2014

1. Notice is hereby given that Dartford Borough Council ("the Council") hereby makes the following Public Spaces Protection Order under section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act").  The Council has complied with the statutory requirements of Section 72 of the Act and undertaken the necessary consultation.

2. The Order may be cited as The Dartford Borough Council Public Spaces Protection Order 2022 – Nuisance Vehicles – Borough of Dartford.

3. The Order takes effect on 27th May 2022 and will remain in force for three years thereafter.

4. This Order applies to the land described in Schedule 1 (“the Restricted Area”) and as shown edged red on the attached plan (“the Order Map”).

5. The effect of the Order is to prohibit and/or restrict the activities listed in this Order and to impose specific positive requirements.

6. The Council is satisfied that the activities listed in this Order have been carried out within the Restricted Area and that they have a detrimental effect on the quality of life of those in the locality.  The effect of the activities is of a persistent or continuing nature and is such as to make the activities unreasonable and justifies the prohibitions, restrictions and requirements imposed by this Order.

7. Use of motor vehicles for Racing, Displaying

‘Highway’ has the meaning given by section 328 of the Highways Act 1980.

‘Public Place’ means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

‘Landowner’ means an individual or entity having legal ownership of land. The term landowner may also include all forms of collective ownership including joint tenants, tenants in common, and life tenants.

'Motor Vehicle' means a mechanically propelled vehicle, intended or adapted for use on roads as defined in Section 185(1) of the Road Traffic Act 1988 and Section 136(1) of the Road Traffic Regulation Act 1984.

‘Mechanically Propelled Vehicle’ means any vehicle which can be propelled by mechanical means.

‘Keeper’ in relation to a motor vehicle means the person by whom the vehicle is kept at the time when the offence in question occurs, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.

‘Registered Keeper’ in relation to a registered vehicle, means the person in whose name the vehicle is registered.

‘Registered Vehicle’ means a motor vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994.

‘Land Other Than a Road’ has the meaning set out in RTA 1988 sect 192(1) and also includes any footpath, bridleway, byway open to all (BOAT), restricted bridleway, green lane, permissive path, pavement or footway.

Exemptions will apply to service vehicles for the purpose of maintenance and repair of the Restricted Area, mobility vehicles being used by disabled persons, disabled blue badge holders and to persons with lawful permission to use any part(s) of the Restricted Area.

Persons will not enter the Restricted Area in motor vehicles for any of the activities or purposes outlined in this Order unless

  1. It is in a public place that is appropriately licensed and insured for the activities or purposes outlined in this Order and
  2. Written authority has been obtained from the Land Owner, or their authorised agent granting access to the land for the activities or purposes outlined in this Order and
  3. The said activities are carried out within the hours of 8am and 6pm Monday to Sunday and in such a way so as to not cause alarm harassment or distress to members of the public.
  4. Persons will not use any other motor vehicle, whether by trailer or not, within The Restricted Area to transport any mechanically propelled vehicle for the purpose of using or facilitating another to use that mechanically propelled vehicle on any land other than a road, UNLESS it is with the permission of the landowner (or someone authorised by the landowner to grant such permission) AND such use is not nor would not be in contravention of the Town and Country Planning Act 1990. 
  5. Persons will not enter the Restricted Area in motor vehicles for the purpose of engaging in motor vehicle displaying and racing or any other purpose as listed below:
  6. Persons will not gather in the Restricted Area with others for the purpose of preparing motor vehicles for displaying or racing.
  7. Persons will not attend or gather in the Restricted Area for the purpose of watching motor vehicles being displayed or raced.
  8. Persons will not congregate and loiter in groups and engage in behaviour which is likely to cause harassment, alarm or distress at any time.
  9. Any person being a registered keeper of a vehicle will not perform any of the following activities in the Restricted Area; Speeding, Driving in Convoy, Racing, Performing Stunts, Sounding Horns (as to cause public nuisance), Revving Engines, Wheel Spins, Playing Music (as to cause public nuisance), Recording any of the listed activities on any device, Using threatening, intimidating behaviour towards another person, Causing obstruction on a public highway or in a publicly accessible place or private land, whether moving or stationary, unless the conditions outlined in 7a, 7b and 7c are met, Creating excessive noise, Creating a danger or risk of injury to road users including pedestrians, Causing damage or significant risk of damage to property, Creating significant public nuisance, Creating significant annoyance to the public, Engaging in Anti-Social behaviour covered by any existing legislation, Committing any traffic offence covered by legislation, Congregating to spectate the above activities and Engaging in any other activity that a reasonable person would consider to be “car cruising”.

 

8. This Order imposes the following positive requirements:

‘Authorised Officer(s)’ means a Police Officer, Police Community Support Officer or an authorised Council Officer.

Persons within the Restricted Area will, on the request of an authorised Officer(s):

  1. Cease and remove any obstruction from the highway, whether moving or stationary, including driving in convoy;
  2. Where persons have entered land within the Restricted Area in motor vehicles for any of the activities or purposes outlined in this order and have the written authority from the Land Owner, or their authorised agent granting access to the land for the activities or purposes outlined in this order, then said authority will immediately be produced for inspection when so required by an authorised Officer.

 

9. Offences

  1. Failure, without reasonable excuse, to comply with a prohibition or restriction imposed by paragraphs 7, 7.e, 7.f, 7.g, 7.h and 7i.
  2. Failure to comply with a requirement of an authorised Officer(s) under paragraphs 8.a and 8b, of this Order, is a summary offence under Section 67 of the Act.  A person guilty of an offence under Section 67 is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or, if in receipt of a Fixed Penalty Notice, to a penalty of a maximum of £100.00.