S.I. No. 318/1971:

BALLYBUNION PARKING BYE-LAWS, 1971.

BALLYBUNION PARKING BYE-LAWS, 1971.

ARRANGEMENT OF BYE-LAWS.

1. Short Title.

2. Area of application.

3. Period of application.

4. Interpretation.

5. Parking in accordance with traffic sign.

6. Conditions for parking.

7. Places where parking prohibited.

8. Savers.

S.I. No. 318 of 1971.

BALLYBUNION PARKING BYE-LAWS, 1971.

I, MICHAEL J. WYMES, 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) (as amended by Section 6 of the Road Traffic Act, 1968 (No. 25 of 1968) ), with the consent of the Minister for Local Government and after consultation with the council of the county of Kerry, hereby make the following bye-laws in respect of the area declared under section 2 (6) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by the council of the county of Kerry to be comprised in the town of Ballybunion:

1. These bye-laws may be cited as the Ballybunion Parking Bye-Laws, 1971.

2. These bye-laws shall apply to the area declared under section 2 (6) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by the council of the county of Kerry to be comprised in the town of Ballybunion.

3. These bye-laws apply during the period commencing on the 1st day of May in any year and ending on the 30th day of September in that year.

4. A reference in these bye-laws to the loading or unloading of goods shall be construed as including the supplying of fuel or oil for the operation of the vehicle.

5. Parking of vehicles on public roads shall be in accordance with any prohibition, restriction or requirement indicated by means of traffic signs, except as otherwise provided by these bye-laws.

6. Where on a public road parking is permitted or restricted by means of a traffic sign, a vehicle may be parked only if it complies with the following conditions--

(a) that it is not offered for sale, hire, as a prize or in connection with the sale of tickets, goods or any service,

(b) that no overhaul or repair is effected to it,

(c) that no unnecessary noise is made by it or by anything carried in or on or attached or connected to it,

(d) that it is not drawing another vehicle,

(e) that it has not seating passenger accommodation for more than 12 people other than the driver.

7. (1) Notwithstanding an indication by means of a traffic sign, a vehicle shall not be parked on a public road in any of the following places--

(a) the roadway at a junction together with the roadway within fifteen feet of the junction,

(b) a stretch of roadway having less than three traffic lanes and having along its centre an authorised continuous white line or more than one such line.

(2) Paragraph (1) (b) shall not apply to a pedal cycle or to a motor cycle without a side-car.

8. A prohibition or restriction on parking indicated by means of a traffic sign or imposed by these laws shall not apply to--

(a) an omnibus lawfully stopped,

(b) a vehicle being used in connection with the removal of any obstruction to traffic, the repair, maintenance or reconstruction of a public road, or the provision, alteration or repair of a telegraph line, telephone line, sewer, main, pipe or apparatus relating to the supply of gas, water or electricity,

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

(d) a vehicle parked because the driver is unable to proceed because of circumstances outside his control or because he parked in order to avoid an accident,

(e) a vehicle parked merely while goods are being loaded or unloaded in or on to or from it,

(f) a vehicle parked while a passenger is entering or leaving it.

(g) a vehicle which has either been damaged in an accident or had a breakdown and has been parked while such repairs as will enable it to be removed from the public road are carried out on it.

GIVEN under my hand this 16th day of July, 1971.

MICHAEL J. WYMES,

Commissioner of the Garda Siochana.

The Minister for Local Government hereby consents to the making of the foregoing bye-laws.

GIVEN under the Official Seal of the Minister for Local Government,

this 29th day of November,

ROBERT MOLLOY,

Aire Rialtais Áitiúil.

EXPLANATORY NOTE.

1. Bye-law 3 specifies that these bye-laws shall apply during the months of May to September, inclusive, each year.

2. Bye-law 5 provides that the parking of vehicles on public roads in the town of Ballybunion will be in compliance with any traffic sign erected on that street.

3. Bye-law 6 outlines the conditions to be observed when parking a vehicle.

4. Bye-law 7 provides that vehicles will not be parked within fifteen feet of a street junction or on a roadway having a continuous white line and less than three traffic lanes.

5. Bye-law 8 outlines the cases in which a vehicle may be parked in a street where a prohibition on parking applies.