S.I. No. 170/1965:

CLONES PARKING BYE-LAWS, 1965.

CLONES PARKING BYE-LAWS, 1965.

WHEREAS the Commissioner of the Garda Síochána has, before making the bye-laws hereinafter set forth, consulted the council of the urban district of Clones in regard thereto :

NOW, I, WILLIAM P. QUINN, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by section 90 of the Road Traffic Act, 1961 (No. 24 of 1961), and with the consent of the Minister for Local Government, hereby make the following bye-laws in respect of the area comprising the urban district of Clones :--

1. These bye-laws may be cited as the Clones Parking Bye-Laws, 1965.

2. In these bye-laws--

" the Act " means the Road Traffic Act, 1961 (No. 24 of 1961) ;

" even date " means a day of which the number in the month is an even number ;

" odd date " means a day of which the number in the month is an odd number ;

" pedestrian crossing " means a crossing for pedestrians on a roadway, which is indicated by means of traffic signs of the type authorised by Article 9 of the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ) ;

" pedestrian lights " means either of the types of mechanical signals authorised by Article 14 of the Road Traffic (Signs) Regulations, 1962 ;

" the relevant hours " means the period from 8.30 a.m. to 11.30 p.m. ;

" road inset " means part of a roadway specially inset in the footway or road verge so as to afford parking space for vehicles on a part of the roadway other than that normally used by traffic passing along that roadway ;

" street " means a public road ;

" traffic sign " has the meaning assigned to it by section 95 of the Act ;

a reference to goods being loaded into a vehicle shall be construed as including the supplying of fuel or oil for the operation of the vehicle.

3.--(1) (a) In a street named in column (2) of the First Schedule to these bye-laws, any place delimited in column (3) of the said Schedule opposite the mention in the said column (2) of such street shall be a parking place.

(b) Where premises fronting on a parking place mentioned in the said First Schedule have an entrance specially designed to afford access for mechanically propelled vehicles or animal-drawn vehicles, the portion of the street from which access to that entrance is obtainable shall be deemed to be excluded from the parking place.

(2) The following provisions shall apply to the parking places mentioned in the First Schedule to these bye-laws :--

(a) a vehicle (other than a bicycle without a side-car) shall not be parked in a parking place during the relevant hours for a continuous period which exceeds one hour ;

(b) a vehicle which has been parked in and removed from a parking place during the relevant hours shall not be parked again in that parking place during the relevant hours within one hour after the time at which it was so removed therefrom ;

(c) a bicycle without a side-car shall be parked parallel to the kerb and so that no part of the bicycle projects over the roadway more than eighteen inches from the kerb ; provided that a bicycle without a side-car if it cannot be so parked may be parked on the roadway with its rear to the kerb and not more than eighteen inches from the kerb ;

(d) a vehicle other than a vehicle referred to in subparagraph (c) of this paragraph shall be parked on the roadway in single line by and parallel to but not more than eighteen inches from the kerb ;

(e) where a parking place includes any of the following spaces, the space or spaces (as the case may be) shall be deemed to be excluded from the parking place--

(i) a pedestrian crossing and the space within thirty feet thereof ;

(ii) if pedestrain lights are provided, the space within thirty feet of the pedestrian lights ;

provided that, in a street where traffic is permitted to proceed in both directions, clauses (i) and (ii) of this subparagraph shall apply (as regards each approach to the pedestrian crossing or pedestrian lights) only to the side of the street on which traffic approaching the pedestrian crossing or pedestrian lights is required to proceed, and that in a street where traffic is required to proceed in one direction only clauses (i) and (ii) of this subparagraph shall apply only to the side of the pedestrian crossing or pedestrian lights from which traffic is required to approach the crossing or lights ;

(f) a parking place opposite the mention of which in column (4) of the said Schedule the words " even dates " appear shall be a parking place on even dates only ;

(g) a parking place opposite the mention of which in column (4) of the said Schedule the words " odd dates " appear shall be a parking place on odd dates only ;

(h) (i) no person shall overhaul or execute repairs to a vehicle while it is parked in a parking place,

(ii) clause (i) of this subparagraph shall not apply in a case where, while parked or within a reasonable time before the parking, the vehicle had been damaged in an accident or had had a breakdown and in order to enable it to be moved from the public road it was necessary to carry out the repairs ;

(i) neither the driver of a vehicle which is parked in a parking place nor any other person shall make any unnecessary noise by means of or in relation to the vehicle or the engine or any equipment, fittings or instruments fitted to or carried on the vehicle or any loudspeaker in or on or in any way connected with the vehicle ;

(j) the driver of a vehicle which is parked in or being brought into or removed from a parking place shall comply with any traffic sign relating to such parking place and with all directions given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle in the parking place or the bringing of the vehicle into or the removal of the vehicle from the parking place, and in particular, a direction to change the position of the vehicle in the parking place ;

(k) a member of the Garda Síochána in uniform may require the driver of a vehicle to remove it from a parking place in order to ease the flow of traffic or to afford access to premises, and the driver shall comply with any such requirement ;

(l) notwithstanding any other provision of this bye-law restricting the conditions subject to which a vehicle may be parked in a parking place, a vehicle may be parked in a parking place in the following circumstances--

(i) where the vehicle is halted merely while passengers are entering it or leaving it, or

(ii) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises, or unloaded from the vehicle into premises, being (in each case) premises fronting or adjacent to the place where the vehicle is parked.

4.--(1) No person shall park a vehicle (other than a bicycle without a side-car) for any period during the relevant hours in any portion of a street mentioned in column (3) of the Second Schedule to these bye-laws.

(2) (a) On even dates paragraph (1) of this bye-law shall apply to the portion, only, of a street opposite the mention of which there appear in column (4) of the said Schedule the words " even dates ".

(b) On odd dates paragraph (1) of this bye-law shall apply to the portion, only, of a street opposite the mention of which there appear in column (4) of the said Schedule the words " odd dates ".

(3) Notwithstanding paragraph (1) of this bye-law a vehicle may be parked in any portion of a street mentioned in column (3) of the Second Schedule to these bye-laws in the following circumstances--

(a) where the vehicle is halted merely while passengers are entering it or leaving it, or

(b) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises or unloaded from the vehicle into premises, being (in each case) premises fronting or adjacent to the place where the vehicle is parked.

5.--(1) In respect of an occasion on which, because of an event which is likely to attract a large number of persons or because of constructional work in progress in the vicinity or some similar circumstance, traffic in a particular street is likely to encounter unusual difficulties and in a case where it is necessary to take urgent measures in order to deal with traffic congestion in a particular street caused by the parking of vehicles, an authorised officer may, by notice in writing addressed to the road authority responsible for the maintenance of that street, direct that for a specified period a specified street or portion of a street shall be deemed to be included in the Second Schedule to these bye-laws in respect of such days and times as may be specified in the direction.

(2) On the giving of a direction under this bye-law the following provisions shall apply--

(a) traffic signs shall be provided by the road authority concerned indicating the street or portion of a street to which the direction applies, and shall, where necessary, be accompanied by informative notices indicating the days and times in respect of which the direction applies ;

(b) so long as the said traffic signs (and informative notices, if any) are provided these bye-laws shall apply to the said street or portion of a street as if it were included in the said Schedule in respect of the days and times specified in the direction, and as if the words "during the relevant hours", "odd dates" and "even dates" in bye-law 4 of these bye-laws did not apply thereto by virtue of that bye-law.

(3) In this bye-law "authorised officer" means an officer of the Garda Síochána authorised by the Commissioner under subsection (19) of section 95 of the Act.

6.--(1) The following provisions shall apply and have effect in relation to the parking of vehicles in streets at places which are not parking places :--

(a) no person shall park a vehicle (other than a bicycle without a side-car) at or near a street junction (where traffic signs marking traffic lanes are provided on the roadway of the street at an approach to the street junction) in such a position that the vehicle or any part of it is on the street junction or a space extending from that point of any such traffic sign furthest from the street junction to the street junction, provided that the restriction on parking imposed by this subparagraph shall not apply to the parking of a vehicle in a road inset ;

(b) no person shall park a vehicle in a street in such a place, position or manner that there is not sufficient space for the full movement of the normal flow of vehicular traffic through the street ;

(c) where a vehicle is parked on the roadway it shall be so parked that the distance between the portion of the vehicle nearest to the edge of the roadway and the edge is not more than 18 inches ;

(d) a person shall not overhaul or execute repairs to a vehicle which is parked in a street ;

(e) neither the driver of a vehicle which is parked nor any other person shall make any unnecessary noise by means of or in relation to the vehicle or the engine or any equipment, fittings, or instruments fitted to or carried on the vehicle or any loudspeaker in or on or in any way connected with the vehicle ;

(f) the driver or other person in charge of a vehicle shall comply immediately with all directions given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle or the removal of the vehicle from the place where it is parked.

(2) Subparagraph (d) of paragraph (1) of this bye-law shall not apply in a case where, while parked or within a reasonable time before the parking, the vehicle had been damaged in an accident or had had a breakdown and in order to enable the vehicle to be moved from the public road it was necessary to carry out the repairs.

7. For the purposes of bye-law 10 of the Omnibus (Stopping Places and Stands) General Bye-laws, 1962 ( S.I. No. 122 of 1962 ), (which prohibits, subject to exceptions, the parking of a vehicle other than an omnibus within markings provided under subsection (9) of section 86 of the Act, in the vicinity of a stopping place or stand) the periods during which a vehicle may be parked within such markings while goods are being loaded into or on to the vehicle or unloaded from the vehicle shall be all periods.

8.--(1) The provisions of these bye-laws restricting parking shall be construed and shall operate as restrictions additional to and not in substitution for any restriction, limitation or prohibition of parking for the time being imposed by law, and nothing in these bye-laws shall be construed or operate so as to create or confer any right to park a vehicle.

(2) Articles 4 to 6 of these bye-laws shall not apply to--

(a) a street service vehicle standing for hire in an appointed stand or an omnibus standing in a stand or stopping place for omnibuses directed (in each case) by notice under section 85 of the Act ;

(b) any vehicle which is being used in connection with--

(i) the removal of any obstruction to traffic,

(ii) the maintenance, improvement or reconstruction of any street or part of a street,

(iii) the provision, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telegraphic or telephonic line;

(c) a fire engine or ambulance or any vehicle in the service of the Garda Síochána while being used in pursuance of statutory powers or duties, or

(d) any vehicle parked because the driver is prevented from proceeding by circumstances beyond his control or because such parking is necessary in order to avoid an accident.

FIRST SCHEDULE.

PARKING PLACES WHERE PARKING IS LIMITED TO ONE HOUR.

SECOND SCHEDULE.

STREETS OR PORTIONS OF STREETS IN WHICH PARKING IS PROHIBITED EXCEPT WHILE TAKING UP OR SETTING DOWN PASSENGERS OR LOADING OR UNLOADING GOODS.

GIVEN under my hand this 3rd day of June, 1965.

W. P. QUINN,

Commissioner of the Garda Síochána.

WHEREAS in pursuance of section 6 of the Road Traffic Act, 1961 (No. 24 of 1961), the Commissioner has submitted the foregoing bye-laws to the Minister for Local Government ;

AND WHEREAS subsections (1) and (5) of the said section 6 have been complied with in relation to the said bye-laws :

NOW, THEREFORE, the Minister for Local Government, in exercise of the powers conferred on him by section 90 of the said Act, hereby consents to the making of the said bye-laws.

GIVEN under the Official Seal of the Minister for Local Government, this Twenty-seventh day of July, 1965.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

1. The First Schedule delimits parking places where parking of vehicles is limited to one hour during the relevant hours.

2. The Second Schedule delimits portions of Streets in which parking of vehicles is prohibited during the relevant hours on the dates mentioned in column (4) of the Schedule except while taking up or setting down passengers or loading or unloading goods.

3. Bye-law 7 provides that vehicles may be parked in the vicinity of an Omnibus Stopping Place or Stand at all periods while goods are being loaded into or on to the vehicle or unloaded from the vehicle.