S.I. No. 257/1976:

BALLYSHANNON TRAFFIC AND PARKING BYE-LAWS, 1976.

BALLYSHANNON TRAFFIC AND PARKING BYE-LAWS, 1976.

ARRANGEMENT OF BYE-LAWS.

1. Short title.

2. Interpretation.

3. Area of application.

4. Parking in accordance with traffic signs.

5. Conditions for parking.

6. Restriction on parking during business hours.

7. Places where parking prohibited.

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

9. Parking in loading bays.

10. Parking at the edge of the roadway.

11. Compliance with directions of Garda Síochána.

12. Non-application to certain vehicles.

13. Prohibition on parking on clearways.

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

15. Compliance with traffic signs.

S.I. No. 257 of 1976.

BALLYSHANNON TRAFFIC AND PARKING BYE-LAWS, 1976.

I, EDMUND PATRICK GARVEY, 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 Town Commissioners of the town of Ballyshannon, hereby make the following bye-laws in respect of the area comprising the town of Ballyshannon in the county of Donegal:--

1. These bye-laws may be cited as the Ballyshannon Traffic and Parking Bye-Laws, 1976.

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

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

"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);

"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 1975;

"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);

"goods vehicle" means a vehicle used exclusively for carrying goods and taxed for commercial purposes;

"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;

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

"pedestrian lights" means a type of signals authorised by article 14 (as amended by article 4 of the Road Traffic (Signs) (Amendment) Regulations, 1975 ( S.I. No. 280 of 1975 )) of the Regulations of 1962;

"road junction" means the section of roadway contained within the projection of roadway boundaries at the intersection of the roadways;

"the Regulations of 1962" means the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ), or any addition or amendment thereto;

"traffic warden" has the same meaning as in section 2 (3) of the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975).

(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 town of Ballyshannon in the county of Donegal.

4. 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.

5. (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 used as an office or used 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 parrellel to the edge and within 18 inches thereof unless parking is permitted with the front or rear 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.

6. 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.

7. (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 so 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.

8. 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.

9. (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, an authorised person or a traffic warden 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.

10. 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 a roadway marking shall apply during business hours.

11. 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 a vehicle or its removal from the place where it is parked.

12. 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 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 loading bay),

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

13. (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 Regulations 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 Regulations of 1962.

14. (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 Regulations of 1962 (as amended by the Road Traffic (Signs) (Amendment) (No. 3) Regulations, 1971 (S.I. 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.

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

     GIVEN under my hand this 27th day of August, 1976.

EDMUND P. GARVEY,

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 1st day of November, 1976.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

1. Bye-law 4 provides that the parking of vehicles on public roads in the town of Ballyshannon shall be in compliance with any traffic sign erected on that road.

2. Bye-law 5 outlines the conditions to be observed when parking a vehicle.

3. Bye-law 6 provides that where there is any restriction on parking a vehicle may not be parked in that street within one hour of the time from which it was removed therefrom.

4. Bye-law 7 prohibits parking on designated parts of the public road.

5. Bye-law 8 prohibits the overhaul, sale, etc. of a vehicle while it is parked on a public road.

6. Bye-law 9 outlines the conditions for parking in loading bays.

7. Bye-law 10 specifies that the parking restriction imposed by a single yellow line applies during business hours unless otherwise indicated.

8. Bye-law 12 outlines the cases in which a vehicle may be parked on a public road where a prohibition on parking applies.

9. Bye-law 13 controls the stopping or parking of vehicles on roadways designated as clearways.

10. Bye-law 14 provides for the pedestrianisation of streets or portions of streets during designated periods.

11. Bye-law 15 provides that a driver shall comply with any prohibition, restriction or requirement indicated by means of a traffic sign.