S.I. No. 134/1976:

ATHLONE TRAFFIC AND PARKING BYE-LAWS, 1975.

ATHLONE TRAFFIC AND PARKING BYE-LAWS, 1975.

ARRANGEMENT OF BYE-LAWS, 1975.

PART I.

1. Short title.

2. Interpretation.

3. Area of application.

4. Revocation.

PART II.

5. Parking in accordance with traffic signs.

6. Conditions for parking.

7. Restrictions on parking during business hours.

8. Places where parking prohibited.

9. Prohibition on selling, hiring, repairing, etc. of vehicles on public roads.

10. Parking in loading bays.

11. Parking at the edge of the roadway.

12. Compliance with directions of Garda Síochána.

13. Non-application to certain vehicles.

14. Compliance with traffic signs.

15. Prohibition on parking on clearways.

16. Prohibition on entry to or parking in certain streets.

PART III.

17. Obligation to display disc or discs.

18. Period of parking in disc parking place.

19. Prohibition on interference with parking disc.

20. Removal of vehicle from disc parking place.

21. Prohibition on parking inside an hour of leaving disc parking place.

22. Prohibition on motor cycles, pedal cycles and trailers in disc parking place.

23. Conditions for parking in the disc parking place.

24. Exemption for invalid carriages in disc parking places.

25. Suspension of parking disc machine.

26. Interference with parking disc machine.

27. Breakdown of parking disc machine.

28. Provision of parking discs.

29. Fee for parking disc.

I, PATRICK MALONE, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by sections 89 and 90 (as amended by section 6 of the Road Traffic Act, 1968 (No. 25 of 1968)) of the Road Traffic Act, 1961 (No. 24 of 1961), with the consent of the Minister for Local Government and after consultation with the council of the urban district of Athlone, hereby make the following bye-laws in respect of the area comprising the urban district of Athlone:

PART I. PRELIMINARY.

1. These bye-laws may be cited as the Athlone Traffic and Parking Bye-Laws, 1975.

2. (1) In these bye-laws--

"authorised", in relation to a traffic sign or a roadway marking, means authorised by the appropriate article of the Road Traffic (Signs) Regulations, 1962 to 1974;

"authorised person" has the same meaning as in section 103 (8) (inserted by the Road Traffic Act, 1968 (No. 25 of 1968)) of the Road Traffic Act, 1961 (No. 24 of 1961);

"business hours" means the period from 8.30 a.m. to 6.30 p.m. on a weekday which is not a holiday;

"the council" means the council of the urban district of Athlone;

"disc parking place" has the same meaning as in the Road Traffic (Signs) (Amendment) Regulations, 1974 ( S.I. No. 247 of 1974 );

"goods vehicle" means a vehicle used exclusively for carrying goods;

"holiday" means Good Friday or any day that is a public holiday for the purposes of the Holidays (Employees) Act, 1973 (No. 25 of 1973);

"loading bay" means that part of a roadway so indicated by means of a traffic sign, and on which during business hours a vehicle (other than a goods vehicle being used for loading or unloading) may not be parked;

"parking disc" means a disc or document, or a combination of both, having marks or symbols which indicate the week number of the year, day of the week and time of the day when the parking of the vehicle in which the disc is required by Part III of these bye-laws to be placed commenced;

"pedestrian crossing" has the meaning assigned to it by article 9 (2) of the Regulations of 1962;

"pedestrian lights" means a type of mechanical signals authorised by article 14 of the Regulations of 1962;

"the Regulations of 1962" means the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 );

"parking disc machine" means a machine capable of automatically delivering a parking disc when the parking fee prescribed by Part III of these bye-laws is inserted into the machine.

(2) A reference in these bye-laws to the loading of goods shall be taken to include the supplying of fuel or oil for the operation of the vehicle.

3. These bye-laws apply to the area comprising the urban district of Athlone.

4. The Athlone Traffic and Parking Bye-Laws, 1971 ( S.I. No. 2 of 1972 ), are hereby revoked.

PART II. GENERAL.

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

6. (1) Where on a roadway 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 a mechanically propelled vehicle,

( b ) that it is not offered as a prize or used solely for advertising purposes or as an office or in connection with the sale of tickets, goods or any service,

( 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.

(2) A vehicle parked at the edge of a roadway shall be parked with a side of the vehicle parallel to the edge and within 18 inches thereof unless parking is permitted with the front or rere of a vehicle to the edge and such a permission is indicated by means of a traffic sign, and in such a case a vehicle shall be parked as so permitted, as near as practicable to the edge and in such a manner that any part of the vehicle extending over a footway does not obstruct pedestrians thereon.

7. A vehicle which is parked on a roadway on which there is a parking restriction of one hour or more indicated by means of a traffic sign shall not, after the vehicle leaves the place where it had been parked, be parked again within one hour of leaving on that roadway or, where the parking restriction relates to part of the roadway only, on that part.

8. (1) A vehicle shall not be parked on a public road--

( a ) at a road junction or within 15 feet of the junction, except as indicated by means of a traffic sign,

( b ) on 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,

( c ) on a footway, whether the vehicle is to parked wholly or partly,

( d ) at an appointed stand for street service vehicles unless it is a small public service vehicle,

( e ) at any place, or in any position or manner that will obstruct, delay or interfere with the entrance to or the exit from a fire brigade station or ambulance station,

( f ) at any place, or in any position or manner that will obstruct an entrance for vehicles to premises except with the consent of the occupiers of the premises,

( g ) on a pedestrian crossing or at pedestrian lights or within 30 feet on the approach side of a pedestrian crossing or pedestrian lights.

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

(3) Paragraph (1) (c) shall not apply to a pedal cycle which does not interfere with the movement of pedestrians on the footway.

9. While a vehicle is parked on a public road it shall not be offered for sale or hire or be repaired or overhauled or be painted by being sprayed.

10. (1) During business hours a vehicle (other than a goods vehicle being used for loading or unloading) shall not be parked in a loading bay.

(2) A goods vehicle being used for loading or unloading shall not be parked during business hours in a loading bay for a period longer than 30 minutes.

(3) Notwithstanding paragraph (2), a member of the Garda Síochána in uniform or an authorised person may during business hours permit the parking of a goods vehicle in a loading bay for loading or unloading purposes for a period longer than 30 minutes.

11. Where a roadway marking authorised by article 12 (1) (i) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1969 ( S.I. No. 217 of 1969 )) of the Regulations of 1962 is not accompanied by an information plate, the prohibition or restriction on the parking of vehicles imposed by means of the roadway marking shall apply during business hours.

12. A driver or other person in charge of a vehicle shall comply with a direction given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle or its removal from the place where it is parked.

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

( a ) an omnibus lawfully stopped,

( b ) a vehicle being used in connection with the removal of an obstruction to traffic, the repair, maintenance or reconstruction of a public road, the repair or maintenance of road traffic signs, 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 (other than in a disc parking place or a loading bay) merely while goods are being loaded in or on to or unloaded from it, unless the vehicle is within 30 feet on the approach side of a pedestrian crossing or pedestrian lights,

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

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

( h ) a pedal cycle (other than one in a disc parking place or a loading bay),

( i ) a vehicle being used by an authorised person or a member of the Garda Síochána in the removal of an unlawfully parked vehicle.

14. A driver shall comply with a prohibition, restriction or requirement indicated by means of a traffic sign.

15. (1) The stopping or parking of a vehicle on a part of a roadway which is a clearway is hereby prohibited during a clearway period, notwithstanding any indication by means of a traffic sign permitting parking.

(2) This bye-law does not apply--

( a ) on a holiday;

( b ) to a vehicle being used in connection with--

(i) the removal of any obstruction to traffic,

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

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

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

( d ) to a vehicle stopped or parked because the stopping or parking is necessary in order to avoid an accident;

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

( f ) to an omnibus stopped at a stopping place or stand directed by notice under section 85 of the Road Traffic Act, 1961 (No. 24 of 1961);

( g ) to a small public service vehicle while merely picking up or setting down passengers;

( h ) to a vehicle stopped when so required under the Road Traffic Act, 1961 (No. 24 of 1961), the Road Traffic Act, 1968 (No. 25 of 1968), or the Road Traffic General Bye-Laws, 1964 ( S.I. No. 294 of 1964 ), or because of the exigencies of traffic.

(3) In this bye-law--

"clearway" means a section of roadway at the start of which a clearway sign is erected and at the end of which a clearway sign and an information plate containing the word "End", the word "Deire" or both those words are erected;

"clearway period" means a period specified on an information plate erected below a clearway sign;

"clearway sign" means traffic sign number 215 authorised by the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ), as amended by the Road Traffic (Signs) (Amendment) Regulations, 1966 ( S.I. No. 233 of 1966 );

"information plate" means a plate of the type authorised by paragraph 7 (inserted by Article 5 (c) of the Road Traffic (Signs) (Amendment) Regulations, 1966 ( S.I. No. 233 of 1966 )) of Part VI of the First Schedule to the Road Traffic (Signs) Regulations, 1962.

16. (1) A person shall not with a vehicle enter a street or portion of a street to which this bye-law applies, or park a vehicle in such a street or portion of street during the period indicated by means of an information plate.

(2) This bye-law applies to a street or portion of a street at each entry of which traffic sign number 216 authorised by the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ) (as amended by the Road Traffic (Signs) (Amendment) (No. 3) Regulations, 1971 ( S.I. No. 256 of 1971 )) is erected.

(3) This bye-law does not apply to--

( a ) 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 any telegraphic or telephonic line, or

( b ) 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.

PART III. DISC PARKING.

17. (1) Subject to bye-law 18 of these bye-laws, where a vehicle is parked during business hours in a disc parking place for a period of one hour or less, a parking disc valid for that period shall be placed on the interior of the front wind-screen of the vehicle so that a person can ascertain from outside the vehicle by reference to the disc that it is a parking disc valid for that period, and so long as the vehicle is so parked the disc shall be kept in that position.

(2) Subject to bye-law 18 of these bye-laws, where a vehicle is parked during business hours in a disc parking place for a period exceeding one hour but not exceeding two hours, two parking discs valid for that period shall be placed on the interior of the front windscreen of the vehicle so that a person can ascertain from outside the vehicle by reference to either disc that it is a parking disc valid for that period, and so long as the vehicle is so parked both discs shall be left in that position.

(3) A period of parking in a disc parking place during business hours shall be deemed to commence from the time shown on the parking disc or discs and to terminate on the expiration of one or two hours (as may be appropriate) from that time.

(4) Notwithstanding any other provision of these bye-laws, a vehicle may be parked during business hours in a disc parking place for a period not exceeding three minutes without compliance with paragraph (1) or (2) (as may be appropriate) of this bye-law while the driver of (or a passenger in) the vehicle is obtaining a parking disc from the parking disc machine in that disc parking place.

18. A vehicle parked in a disc parking place during business hours shall not be so parked for longer than the period indicated as the maximum period for that disc parking place by means of a traffic sign.

19. While a vehicle is parked in a disc parking place during business hours a person shall not interfere with a parking disc displayed in the vehicle.

20. A vehicle parked in a disc parking place at a time which is not during business hours shall be removed from the disc parking place when a period of business hours commences, unless at such commencement and while the vehicle is thereafter so parked the relevant provisions of bye-law 17 of these bye-laws are complied with.

21. Where on a particular day a vehicle has been parked during business hours in a particular disc parking place in a particular street, the vehicle shall not, within an hour of leaving that disc parking place, again be parked at any disc parking place in that street on that day.

22. Motor cycles, pedal cycles and trailers shall not be parked during business hours in a disc parking place.

23. (1) A vehicle which is parked in a disc parking place during business hours shall be parked only in a parking bay.

(2) A vehicle shall not be parked in a disc parking place during business hours if it is of such dimensions that it would occupy more than the area comprised in one parking bay.

(3) In this bye-law "parking bay" has the meaning assigned to it by Article 3 of the Road Traffic (Signs) (Amendment) Regulations, 1974 ( S.I. No. 247 of 1974 ).

24. (1) This bye-law applies to an invalid carriage the driver of which is a disabled person.

(2) The Council may grant to a disabled person an exemption in writing from the provisions of bye-laws 17 and 21 in respect of the parking of a specified vehicle in a disc parking place during business hours.

(3) The grant of an exemption under this bye-law shall be subject to the following conditions--

(i) application for an exemption shall be made in writing to the Council,

(ii) an exemption shall be for such period, not exceeding one year, as may be specified in the exemption and may, at the discretion of the Council, be extended on the 1st day of January in each succeeding year for another period not exceeding one year,

(iii) the exemption shall be prominently displayed on the vehicle in resepect of which it is granted whenever that vehicle is parked in a disc parking place.

(4) In this bye-law--

"disabled person" means a person referred to in section 43 of the Finance Act, 1968 (No. 33 of 1968),

"invalid carriage" means a mechanically propelled vehicle adapted or constructed for driving by a disabled person.

25. (1) The Council may suspend from operation a parking disc machine.

(2) The suspension of a parking disc machine shall be indicated by the placing on the machine of a hood, sign or other device as specified in the Road Traffic (Signs) (Amendment) Regulations, 1969 ( S.I. No. 217 of 1969 ), or by the removal of the machine and the erection of a traffic sign indicating that the parking of vehicles in the disc parking place is prohibited.

(3) While a parking disc machine is suspended from operation this Part of these bye-laws (other than this paragraph and paragraph (2) and (3) of bye-law 26) shall cease to have effect.

26. (1) A person shall not insert into a parking disc machine any coin or object other than a coin required to pay the fee prescribed by bye-law 29 of these bye-laws.

(2) A person shall not interfere with or damage a parking disc machine.

(3) A person who is not an agent of the Council, a member of the Garda Síochána in uniform or an authorised person shall not interfere with a hood, sign or other device placed on a parking disc machine in accordance with these bye-laws.

27. Where a parking disc machine breaks down, this Part of these bye-laws (other than this bye-law and paragraphs (2) and (3) of bye-law 26) shall cease to have effect while the machine is broken down.

28. Parking discs shall be issued by the Council.

29. A fee of five new pence shall be paid for a parking disc.

GIVEN under my hand, this 4th day of June, 1975.

PATRICK MALONE,

Commissioner of the Garda Síochána.

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 22nd day of June, 1976.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

1. These bye-laws revoke the Athlone Traffic and Parking Bye-Laws, 1971 ( S.I. No. 2 of 1972 ).

2. These bye-laws provide control for traffic and parking of vehicles on public roads in the urban district of Athlone in accordance with traffic signs.

3. These bye-laws (Part III) provide for a system of disc parking in certain places indicated by traffic signs in the urban district of Athlone.