I, PATRICK J. CULLIGAN, 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) the Local Government (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 269 of 1977 )) with the consent of the Minister for the Environment and after consultation with the council of the county of Offaly, the councils of the urban districts of Birr and Tullamore and the commissioners of the town of Edenderry hereby make the following bye-laws in respect of the area comprising the administrative county of Offaly including the urban districts of Birr and Tullamore and the town of Edenderry.

PART I Preliminary

Citation.

1. These Bye-Laws may be cited as the County of Offaly Traffic and Parking Bye-Laws 1993.

Interpretation.

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

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

"the Act of 1968" means the Road Traffic Act, 1968 (No. 25 of 1968);

"access", for the purposes of Part VIII of these bye-laws, has the meaning assigned to it by article 3 of the bus lane regulations;

"appointed stand" has the meaning assigned to it by section 84 (1) (as amended by section 6 of the Act of 1968) of the Act of 1961;

"authorised", in relation to a traffic sign, including an information plate, means authorised by regulations which are for the time being in force under section 95 (2) of the Act of 1961;

"authorised person" has the meaning assigned to it by section 103 (8) (inserted by the Act of 1968) of the Act of 1961;

"the bus lane regulations" means the Road Traffic (Signs) (Bus Lane) Regulations, 1980 ( S.I. No. 358 of 1980 ) as amended by the Road Traffic (Signs) (Bus Lane) (Amendment) Regulations, 1981 (S.I. No. 333 of 1981);

"Bus-only street" means a street or portion of a street at each entrance to which is provided authorised traffic sign No. 216, accompanied by an information plate of the type authorised by and described in paragraph 14 (inserted by the bus lane regulations) of Part VI of the First Schedule to the Regulations of 1962, to indicate that vehicles other than omnibuses and vehicles entering for access only are prohibited from entering that street;

"casual trading" and "casual trading area" have the meanings respectively assigned to them by section 2 of the Casual Trading Act, 1980 (No. 43 of 1980);

"clearway" means a section of roadway at the start of which a clearway sign is provided and at the end of which a clearway sign accompanied by an information plate, of the type authorised by and described in paragraph 7 (inserted by the Regulations of 1966) of Part VI of the First Schedule to the Regulations of 1962, containing the word "End", the word "Deire" or both these words are provided;

"clearway period" means a period specified on an information plate (of the type authorised by and described in paragraph 7 (inserted by the Regulations of 1966) of Part VI of the First Schedule to the Regulations of 1962) provided below a clearway sign;

"clearway sign" means traffic sign number 215 authorised by the Regulations of 1962 as amended by the regulations of 1966);

"contra-flow bus lane" means a portion of a roadway marked with the roadway markings referred to in article 4 of, and the First Schedule to, the bus lane regulations and provided with sign C referred to in Article 5 of, and the Second Schedule to, the bus lane regulations;

"disc parking place" has the meaning assigned to it by article 2 of the Regulations of 1974 and is indicated by means of traffic sign number 212 authorised by the Regulations of 1962 accompanied by an information plate of the type authorised by and described in paragraph 4B (inserted by the Regulations of 1974) of Part VI of the First Schedule to the Regulations of 1962;

"footway" has the meaning assigned to it by section 3 (1) of the Act of 1961;

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

"grass margin" means that portion of a public road situated on either side of the footway and which is provided for the growing of grass, trees or shrubbery of any kind;

"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);

"information plate" for the purpose of bye-law 4 (b), paragraphs (2), (3) (a) and (3) (b) of bye-law 5 and bye-law 20 of these bye-laws, means a plate of the type authorised by and described in paragraph 4 of Part VI of the First Schedule to the Regulations of 1962;

"licensed public hire vehicle" has the meaning assigned to it by article 3 (1) of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 );

"loading bay" has the meaning assigned to it by article 2 (as amended by article 4 of the Road Traffic (Signs) (Amendment) Rgulations 1971 ( S.I. No. 127 of 1971 )) of the Regulations of 1969 and is indicated by means of a roadway marking of the type authorised by article 12 (n) (inserted by the Regulations of 1969) of the Regulations of 1962 (as amended by the Regulations of 1974) or by article 12 (p) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1971)) of the Regulations of 1962;

"local authority" means the council of the County of Offaly, the councils of the urban districts of Birr or Tullamore or the commissioners of the town of Edenderry.

"median strip" means that portion of a public road which separates parts of a roadway on which traffic proceeds from opposite direction or in the same direction;

"parking bay" means the area contained between lines of the type referred to in article 12 (i) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 ) of the Regulations of 1962 (as amended by the Regulations of 1974);

"pedestrian crossing" has the meaning assigned to it by article 2 (1) of the Regulations of 1962 and is indicated by means of roadway markings of the type authorised by and described in article 9 (1) of the Regulations of 1962;

"pedestrian crossing complex" has the meaning assigned to it by article 2 of the Road Traffic (Signs) (Amendment) (No. 2) Regulations, 1979 ( S.I. No. 329 of 1979 ), and is indicated by roadway markings of the type referred to in article 3 of the aforementioned regulations;

"pedestrian lights" means signals of a type 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;

"public road" has the meaning assigned to it by section 3 (1) of the Act of 1961;

"road" has the meaning assigned to it by section 3 (1) of the Act of 1961;

"road inset" means a part of a roadway specially inset in a footway or road verge;

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

"road verge" means that part, of a public road which is not a footway, a grass margin, a median strip or a roadway;

"roadway" has the meaning assigned to it by section 3 (1) of the Act of 1961;

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

"the Regulations of 1966" means the Road Traffic Signs (Amendment) Regulations, 1966 ( S.I. No. 233 of 1966 );

"the Regulations of 1969" means the Road Traffic (Signs) (Amendment) Regulations, 1969 ( S.I. No. 217 of 1969 );

"the Regulations of 1974" means the Road Traffic (Signs) (Amendment) Regulations, 1974 ( S.I. No. 247 of 1974 );

"scheduled town" means a non-municipal town which is specified in Part II of the First Schedule to the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), and the area comprising which has been declared by the council of the county of Offaly under section 2 (6) of that Act;

"small public service vehicle" has the meaning assigned to it by section 3 (1) of the Act of 1961;

"street" means a public road;

"street service vehicle" has the meaning assigned to it by section 3 (1) (as amended by section 6 of the Act of 1968) of the Act of 1961;

"traffic sign" has the meaning assigned to it by section 95 (1) (as amended by section 6 of the Act of 1968) of the Act of 1961;

"traffic warden" has the meaning assigned to it by section 2 (3) of the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975);

"with flow bus lane" means a portion of a roadway marked with the roadway markings referred to in article 4 of, and the First Schedule to, the bus lane regulations and provided with a sign A or B referred to in article 5 of, and the Second Schedule to, the bus lane regulations.

(2) For the purpose of these bye-laws, "business hours" shall, for an area specified in column (2) of the Schedule to these bye-laws at a particular reference number, be taken to be the period which is specified in column (3) of the Schedule at that reference number and is on a day referred to in column (4) of the Schedule at that reference number.

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

(4) A reference in these bye-laws to any matter (including a reference to a particular traffic sign, roadway marking or information plate) prescribed in the Road Traffic (Signs) Regulations, 1962 to 1985, shall be taken to include a reference to such matter as prescribed in regulations which are for the time being in force under section 95 (2) of the Act of 1961 and which amend or replace the aforementioned Road Traffic (Signs) Regulations, 1962 to 1985.

Area of application.

3. These bye-laws apply to the area comprising the administrative county of Offaly, including the urban districts of Birr and Tullamore and the town of Edenderry.

PART II Prohibitions, Restrictions, Requirements and Conditions relating to the parking of Vehicles on Public Roads.

Places where parking is prohibited at all times.

4. A vehicle shall not, at any time be parked on a public road--

( a ) on that side of a stretch of roadway along the edge of which roadway markings consisting of two parallel continuous yellow lines of the type authorised by and described in article 12 (1) (ii) (inserted by the Regulations of 1969) of the Regulations of 1962, are provided,

( b ) where traffic sign number 213 authorised by the regulations of 1962 is not accompanied by an authorised information plate indicating the days and hours when parking is prohibited, on the stretch of roadway to which that sign relates,

( c ) at a road junction or within 5 metres of the junction (except on a road inset, at a disc parking place, in a loading bay or on a stretch of roadway to which sign number 212, authorised by the Regulations of 1962, relates),

( d ) on a stretch of roadway having less than three traffic lanes and having along its centre one or more than one authorised continuous white line,

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

( f ) in any place, position or manner that will result in the vehicle obstructing, delaying or interfering with the entrance to or the exit from a fire brigade station or an ambulance station,

( g ) in a place, position or manner that will result in the vehicle obstructing an entrance for vehicles to premises, except when the occupier of such premises consents,

( h ) on a pedestrian crossing, or at pedestrian lights, or within 15 metres (on the approach side), or 5 metres (on the side other than the approach side), of a pedestrian crossing or pedestrian lights or on any part of a pedestrian crossing complex.

( i ) either wholly or partly on a footway, a grass margin or a median strip,

( j ) on a part of a roadway, which is a casual trading area, during hours of trading, unless the vehicle is for the time being in use for the purpose of casual trading in accordance with the provisions of the Casual Trading Act, 1980 .

Places where parking is restricted or prohibited at certain times.

5. (1) ( a ) A vehicle shall not be parked on that side of a stretch of roadway along the edge of which a roadway marking consisting of a continuous yellow line of the type authorised by and described in article 12 (1) (i) (inserted by the Regulations of 1969) of the Regulations of 1962, is provided,

Places where parking is restricted or prohibited at certain times.

( b ) Sub-paragraph (a) of this paragraph shall apply--

(i) where the roadway marking is accompanied by an information plate, of the type authorised by article 12 (2) (inserted by the Regulations of 1969) of the Regulations of 1962 and described in Part IX (inserted by the Regulations of 169) of the First Schedule to the Regulations of 1962, during the period indicated by means of that plate.

(ii) in any other case, during business hours.

(2) Where traffic sign number 213, authorised by the Regulations of 1962, is accompanied by an authorised information plate indicating the days and hours when parking is prohibited, a vehicle shall not, during the period so indicated, be parked on the stretch of roadway to which that sign relates.

(3) Where traffic sign number 212, authorised by the Regulations of 1962, is provided on a public road, a vehicle may only be parked on the stretch of roadway to which that sign relates, subject to the following restrictions--

( a ) where the sign is accompanied by an authorised information plate indicating the days and hours when parking is permitted, a vehicle shall not be parked at a time which is not during the period so indicated.

( b ) where the sign is accompanied by an authorised information plate indicating the length of time to which parking is restricted, a vehicle shall not, (subject to paragraphs (3) and (4) of bye-law 30 of these bye-laws),--

(i) be parked for a period longer than the period so indicated and

(ii) after the vehicle leaves the place in the street in which it had been parked, be parked again in that street (or where the restriction relates to part of the street only, on that part) within one hour of leaving, while the restriction is in force,

( c ) where the sign is accompanied by an information plate of the type authorised by and described in paragraph 4A (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1964) of Part VI of the First Schedule to the Regulations of 1962, a vehicle other than a bicycle shall not be parked,

( d ) where the sign is accompanied by an information plate of the type authorised by and described in paragraph 4B (inserted by the Regulations of 1974) of Part VI of the First Schedule to the Regulations of 1962, a vehicle shall not be parked unless the provisions of Part V of these bye-laws are complied with.

Conditions for paking.

6. (1) Where, on a roadway, there is a restriction on parking imposed by means of paragraph (3) (a), (3) (b) or (3) (d) of bye-law 5 of these bye-laws and indicated by means of an authorised traffic sign, a vehicle may be parked only if it complies with the following conditions--

( a ) that it is a mechanically propelled vehicle with seating accommodation for not more than 12 people other than the driver,

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

( c ) that, while parked, it is not being painted and no overhaul or repair is affected to it other than a repair permitted by bye-law 7 (3) (d) of these bye-laws, and,

( d ) that, while parked, no unnecessary noise is made by it or by anything carried in or on it or attached or connected to it.

(2) Paragraph (1) (b) of this bye-law shall not apply to the use of a vehicle for the purpose of casual trading in accordance with the provisions of the Casual Trading Act, 1980 , or for the purpose of selling at a market or fair held in pursuance of a market right.

(3) Where a vehicle is parked on a roadway on which there is no restriction on parking, it shall, subject to paragraph (2) of this bye-law, comply with the conditions specified in paragraphs (1) (b) to (1) (d) of this bye-law.

(4) ( a ) Subject to sub-paragraph (b) of this paragraph, a vehicle parked at the edge of a roadway shall be parked with the sides of the vehicle parallel or approximately parallel to the edge and with one side within 45 centimetres of the edge.

( b ) Where at a place on a roadway, traffic sign No. 212, authorised by the Regulations of 1962, is accompanied by an authorised information plate indicating that a vehicle parked at the edge of the roadway be parked with front or rear to the edge, a vehicle parked at that place shall be parked accordingly, as near as practicable to the edge and in such a manner that any part of the vehicle extending over a footway does not interfere with the free movement of pedestrians on the footway.

Non-application of certain parking prohibitions or restrictions to certain vehicles.

7. (1) A prohibition or restriction on parking on a roadway imposed by this Part of these bye-laws shall not apply to--

( a ) a vehicle being used in connection with the removal of an obstruction to traffic, the maintenance, improvement or reconstruction of a public road, the provision, alteration or repair of a sewer or of a main, drain, pipe or apparatus for the supply of gas, oil, water or electricity or of a telegraph or telephone line, or the provision of a traffic sign,

( b ) a fire brigade vehicle, an ambulance, a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member or a vehicle being used by an authorised person or a traffic warden in the enforcement of these bye-laws.

(2) Nothing in this Part of these bye-laws shall prohibit or restrict either a street service vehicle standing for hire in accordance with bye-laws or temporary rules under section 84 of the Act of 1961, as amended by section 6 of the Act of 1968, or an omnibus stopping in accordance with a notice given under section 85 of the Act of 1961.

(3) A prohibition or restriction on parking on a roadway imposed by sub-paragraph (a) or (b) of bye-law 4 or by bye-law 5 (other than paragrpah (3) (d) of bye-law 5) of these bye-laws shall not apply to--

( a ) a vehicle parked (other than on that part of a roadway which is immediately adjacent to either side of a median strip) while goods are being loaded in or on to or unloaded from it for a period not exceeding thirty minutes from the commencement of the parking,

( b ) a vehicle parked (other than on that part of a roadway which is immediately adjacent to either side of a median strip) while a passenger is entering or leaving it,

( c ) a pedal cycle (other than on that part of a roadway which is immediately adjacent to either side of a median strip),

( d ) 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.

(4) Bye-Law 4 (i) of these bye-laws shall not apply to--

( a ) a pedal cycle parked on a footway if when so parked it does not interfere with the free movement of pedestrians on the footway,

( b ) a vehicle specified in paragraph (3) (d) of this bye-law.

PART III Prohibitions, Restrictions and Requirements relating to Traffic and Pedestrians on Public Roads.

Prohibitions on traffic from entering a road.

8. Where roadway markings consisting of a continuous white line and a broken white line parallel thereto, of the type authorised by and described in article 12 (k) (inserted by the Regulations of 1966) of the Regulations of 1962 are provided across the entrance to a road, a driver shall not proceed beyond such markings so as to enter that road.

Box junctions

9 (1) Where roadway markings, consisting of continuous yellow lines enclosing an area of roadway cross-hatched in diagonal yellow lines, of the type authorised by and described in article 12 (o) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1985) ( S.I. No. 182 of 1985 ) of the Regulations of 1962 are provided at a junction (whether controlled by traffic lights or not, and notwithstanding any indication to or not, and notwithstanding any indication to the contrary that may be given by traffic lights), a driver shall not enter, either partly or wholly, the cross-hatched area unless the vehicle can clear the area without stopping.

(2) Paragraph (1) of this bye-law shall not apply where a driver intending to make a right-hand turn at a junction enters the cross-hatched area for that purpose.

Prohibition on vehicles exceeding a specified weight from entering a road.

10 (1) Where traffic sign number 217 authorised by the Regulations of 1962 (as amended by Road Traffic Signs (Amendment) Regulations, 1979 ( S.I. No. 51 of 1979 )) is provided at the entrance to a road, the driver of a vehicle the unladen weight of which exceeds the weight specified on the sign shall not proceed beyond the sign so as to enter that road.

(2) Paragraph (1) of this bye-law shall not apply where it is necessary for a vehicle to enter a road solely for the purpose of gaining access to premises accessible only from that road.

Pedestrian crossing complex.

11. Within a pedestrian crossing complex--

( a ) a pedestrian shall not be on any part of the roadway other than the pedestrian crossing,

( b ) save to yield right of way to a pedestrian on the pedestrian crossing, the driver of a vehicle shall not stop the vehicle unless required to so in the circumstances referred to in paragraph (2) (g) of bye-law 15 of these bye-laws.

Prohibition on driving on median strip.

12. A person shall not drive a vehicle either wholly or partly along or across a median strip.

Compliance with directions of Garda Síochána.

13. 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 relation to the parking of the vehicle or its removal from the place where it is parked.

Non-application of bye-law 7 of the Road Traffic General Bye-Laws, 1964, to omnibuses in certain cases.

14 (1) Where traffic sign number 204 or traffic sign number 205 or traffic sign number 206, authorised by the Regulations of 1964 to 1962, is accompanied by an information plate on which is shown the message "Except Buses", or "Ach Amháin Busanna" or "Except Buses, Ach Amhain Busanna" the provisions of paragraph (1) of bye-law 7 of the Road Traffic General Bye-Laws, 1964 ( S.I. No. 294 of 1964 ), shall not apply to the driver of an omnibus.

(2) Where traffic sign number 207, traffic sign number 208 or traffic sign number 209, authorised by the Rgulations of 1962, is accompanied by an information plate on which is shown the message "Except Buses", or "Ach Amháin Busanna" or "Except Buses, Ach Amháin Busanna" the provisions of paragraph (2) of bye-law 7 of the Road Traffic General Bye-Laws, 1964, shall not apply to the driver of an omnibus.

(3) In this bye-law "information plate" means a plate of the type authorised by and described in paragraph 9 (inserted by the Road Traffic (Signs) (Amendment) (No. 2) Regulations, 1971 ( S.I. No. 188 of 1971 ) of Part VI of the First Schedule to the Regulations of 1962.

PART IV Clearways, Pedestrianisation and Loading Bays.

Prohibition on parking on clearways.

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

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

( a ) on a holiday, except as otherwise indicated by means of an information plate of the type authorised by and described in paragraph 7 (inserted by the Regulations of 1966) of Part VI of the First Schedule to the Regulations of 1962 provided below the clearway sign,

( b ) to a vehicle being used in connection with the removal of an obstruction to traffic, the maintenance, improvement or reconstruction of a public road, the provision, alteration or repair of a sewer or of a main, drain, pipe or apparatus for the supply of gas, water or electricity or of a telegraphy or telephone line, or the provision of a traffic sign,

( c ) to a fire brigade vehicle, an ambulance, a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member or a vehicle being used by an authorised person or a traffic warden in the enforcement of these bye-laws,

( d ) to 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 clearway are carried out on it,

( e ) to an omnibus stopped at a stopping place or stand directed by notice under section 85 of the Act of 1961,

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

( g ) to a vehicle stopped when so required under the Act of 1961, the Act of 1968, or the Road Traffic General Bye-Laws, 1964 ( S.I. No. 294 of 1964 ), as amended by the Road Traffic General Bye-Laws (Amendment) Regulations, 1975 ( S.I. No. 281 of 1975 ), and by the Road Traffic General Bye-Laws (Amendment) Regulations, 1983 ( S.I. No. 275 of 1983 ), or because of the exigencies of traffic.

( h ) to a road inset,

( i ) to a pedal cycle.

Prohibition on entry to or parking in certain streets.

16 (1) This bye-law applies to a street or a portion of a street at each entry to 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. No. 256 of 1971 )) is provided.

(2) person shall not enter a street or portion of a street to which this bye-law applies with a vehicle, or park a vehicle in such a street or portion of street, during the period indicated by means of the information plate accompanying the traffic sign referred to in paragraph (1) of this bye-law.

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

( a ) a vehicle being used in connection with the removal of an obstruction to traffic, the maintenance, improvement or reconstruction of a public road, the provision, alteration or repair of a sewer or of a main, drain, pipe or apparatus for the supply of gas, water or electricity or of a telegraph or telephone line, or the provision of a traffic sign.

( b ) a fire brigade vehicle, an ambulance or a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member.

(4) In this bye-law "information plate" means a plate of the type authorised by paragraph 10 (inserted by the Road Traffic (Signs) (Amendment) (No. 3) Regulations, 1971) of Part VI of the First Schedule to the Regulations of 1962.

Parking in loading bays.

17. (1) Except where otherwise indicated by means of an information plate of the type authorised by article 12 (2) (inserted by the Regulations of 1969) of the Regulations of 1962 and described in Part IX (inserted by the Regulations of 1969) of the First-Schedule to the Regulations of 1962, this bye-law applies during business hours.

(2) A vehicle other than a goods vehicle being used for loading or unloading shall not be parked in a loading bay.

(3) A goods vehicle being used for loading or unloading shall not be parked in a loading bay for a period exceding 30 minutes from the commencement of the parking.

PART V Disc Parking

Definitions (Part V).

18. In this Part--

"parking disc" means a disc or document, or a combination of both, issued by a local authority whether obtained by means of a disc parking machine or otherwise and having marks or symbols capable of indicating the year, date and time when the disc document or combination becomes a valid parking disc;

"valid parking disc" means a parking disc which--

( a ) has been issued by a local authority by means of a disc parking machine or otherwise,

( b ) has been perforated or otherwise marked as appropriate to the particular type of parking disc, so as to indicate clearly the year, month, day in the month, hour of the day and (to the nearest following five-minute period) minute of the hour of the commencement of a period of parking of the vehicle in which the parking disc is exhibited in accordance with these bye-laws,

( c ) indicates no other year, month, day, hour or minute and,

( d ) indicates that the vehicle is so parked for a period not exceeding the period for which it may be parked in a disc parking place in accordance with these bye-laws.

"disc parking machine" means a machine provided by the local authority which is capable of automatically delivering a parking disc when the fee prescribed in bye-law 25 is paid in the manner described in bye-law 26.

Obligation to display valid parking disc in disc parking place.

19. (1) Where a vehicle is parked in a disc parking place--

( a ) separate distinct perforations or markings, as appropriate to the particular type of parking disc, indicating the year, month, day in month, hour of day and (to the nearest following five-minute period) minute of the hour when the parking commences shall be made on a parking disc at the commencement of the parking;

( b ) the valid parking disc shall be so exhibited in the interior of the vehicle that a person outside the vehicle can ascertain by reference to the perforations or markings when the parking commenced, and,

( c ) the valid parking disc shall be exhibited in accordance with sub-paragraph (b) of this paragraph for so long as the vehicle is parked in that disc parking place.

(2) Where a vehicle being parked in a disc parking place is a goods vehicle being so parked solely for the loading or unloading of goods, paragraph (1) of this bye-law shall not apply until the expiration of 30 minutes after the commencement of the parking.

(3) Where a vehicle which had been parked in a disc parking place for a period less than the maximum parking period indicated in accordance with bye-law 20 of these bye-laws for that disc parking place is subsequently lawfully parked in another disc parking place on the same day, it shall not be necessary, subject to compliance with paragraph (1) (b) and (1) (c) of the bye-law, to comply with paragraph (1) (a) of this bye-law.

Period of parking in disc parking place.

20. (1) A vehicle parked in a disc parking place shall be so parked in accordance with the provisions relating to parking times specified in paragraph (2) of this bye-law for that disc parking place and indicated by means of an authorised information plate accompanying traffic sign number 212 authorised by the Regulations of 1962.

(2) The provisions relating to parking times for a disc parking place referred to in paragraph (1) of this bye-law and to be indicated by means of an authorised information plate are the hours of the day during which disc parking shall operate and the maximum period for which a vehicle may park in the disc parking place.

(3) Where a vehicle which has been lawfully parked in a disc parking place is subsequently parked in another disc parking place the period to which the subsequent parking is restricted by paragraph (1) of this bye-law shall be reduced by a period equal to the period from the time indicated on the disc to the time when the subsequent parking commenced.

Interference with a disc parking machine and a parking disc.

21. (1) Where a vehicle is parked in a disc parking place in compliance with this Part of these bye-laws a person shall not interfere with a parking disc exhibited in the vehicle.

(2) a person shall not damage a disc parking machine,

(3) a person who is not an agent of the local authority, a member of the Garda Síochána in uniform, an authorised person or a traffic warden shall not interfere with a disc parking machine.

Removal of vehicle from disc parking place.

22. A vehicle parked in a disc parking place at a time other than the time or times indicated in accordance with bye-law 20 of these bye-laws shall be removed from the disc parking place when a period of disc parking indicated as aforesaid commences, unless at such commencement and during the remainder of the period of parking, a valid parking disc is exhibited in the interior of the vehicle in accordance with bye-law 19 (1) (b) of these bye-laws and bye-law 19 (1) (c) of these bye-laws shall apply from such commencement in respect of such parking.

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

23. A vehicle which had been parked in a disc parking place shall not be parked again in a disc parking place in the public road in which that disc parking place is situated until at least one hour after the vehicle last vacated that disc parking place.

Issue of parking discs.

24. Parking discs shall be issued by a local authority.

Fee for parking discs.

25. The fee for a parking disc shall be 20p.

Manner of payment.

26. Where a parking disc is obtained from a disc parking machine, the fee shall be paid by the insertion of the appropriate amount in the machine as required by bye-law 25 of these bye-laws.

Conditions for parking in discs parking places.

27. A vehicle which is parked in a disc parking place in accordance with this Part of these bye-laws shall, where parking bays are provided at that disc parking place, be parked within the area comprising a parking bay.

Motor cycles and pedal cycles prohibited from parking in disc parking places.

28. A motor cycle or a pedal cycle shall not be parked in a disc parking place.

Non application of bye-laws 19 to 28 of these bye-laws to certain vehicles.

29. Bye-Laws 19 to 28 of these bye-laws shall not apply to --

( a ) a vehicle being used in connection with the removal of an obstruction to traffic, the maintenance, improvement or reconstruction of a public road, the provision, alteration or repair of a main drain, pipe or apparatus for the supply of gas, oil, water or electricity or of a telegraph or telephone line or the provision of a traffic sign,

( b ) a fire brigade vehicle, an ambulance or a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member.

PART VI Parking Permits for Disabled Drivers.

Permit for disabled drivers.

30. (1) This bye-law applies to a mechanically propelled vehicle the registered owner and the driver of which is a disabled person.

(2) A local authority may grant to a disabled person a permit in writing under this bye-law.

(3) Where a disabled person holds a permit under this bye-law, bye-law 5 (3) (b) (ii), bye-law 19 and bye-law 22 of these bye-laws shall not apply to a specified vehicle parked by such a person.

(4) Where a disabled person holds a permit under this bye-law, a parking restriction imposed by paragraph (3) (b) (i) of bye-law 5 of these bye-laws shall not apply to the parking by that person of the specified vehicle.

(5) The following provisions apply to a permit under this bye-law:

(i) application for the permit shall be made in writing to a local authority in respect of the parking of the specified vehicle in the functional area of such local authority,

(ii) the permit shall be for such period, not exceeding one year, as may be specified in the permit and may, at the discretion of the local authority, be extended from the date of expiry for another period not exceeding one year;

(iii) the permit shall be prominently displayed on the vehicle in respect of which it is granted when that vehicle is parked in a disc parking place in accordance with bye-law 20 (1) of these bye-laws.

(6) In this bye-law--

"disabled person" means a person who, is suffering from a permanent disability that prevents the person from walking or causes undue hardship to the person in walking;

"specified vehicles" means a mechanically propelled vehicle the registered owner of which is a disabled person.

PART VII Parking Disc for Residents.

Definitions (Part VII).

31. In this Part of these bye-laws--

"owner" means a resident by whom a vehicle or vehicles are habitually kept and used;

"resident" means a person whose normal residence is at premises situated in a street containing a disc parking place;

"resident's parking disc" means a document issued by a local authority for the purposes of bye-laws 32 to 38 and containing the particulars specified in bye-law 33:

"valid resident's parking disc" means a resident's parking disc which relates to a particular street or streets and to a period which has not expired and which is issued by the local authority in whose functional area the vehicle in which the disc is displayed is parked;

"vehicle" means a private motor car, a station wagon or a passenger vehicle having accommodation for not more than seven passengers excluding the driver;

Non application of bye-laws 18 to 30 of these bye-laws.

32. Bye-law 18 to 29 (other than bye-law 27) of these bye-laws shall not apply to the parking of a vehicle in a disc parking place if there is displayed, in accordance with bye-law 35 of these bye-laws, in the vehicle when it is so parked, a valid resident's parking disc which relates to the street in which that disc parking place is situated.

Particulars of resident's parking disc.

33. A resident's parking disc shall contain the following particulars--

( a ) the name of the local authority by whom it is issued,

( b ) the registration number of the vehicle or vehicles in respect of which it is issued,

( c ) the date of issue,

( d ) the street or streets to which it relates,

( e ) the period to which it relates, including the date of expiry,

( f ) a copy of the signature of the officer of the local authority issuing it.

Permission to park vehicle displaying resident's parking disc.

34. The display, in accordance with bye-law 35 of these bye-laws of a valid resident's parking disc in the vehicle in respect of which the disc was issued, shall permit the owner of the vehicle (or any person using it with his consent) to park it without limitation as to time in a disc parking place in a street to which the disc relates.

Display of residents parking disc.

35. A valid resident's parking disc shall be so displayed in the interior of the vehicle in respect of which it is issued that it can be read from outside the vehicle.

Interference with resident's parking disc.

36. Where a vehicle displaying a resident's parking disc is parked in a disc parking place a person shall not interfere with the disc.

Issue of and fee for resident's parking disc.

37. (1) A resident's parking disc shall be issued by a local authority in respect of the parking of a vehicle in a disc parking place in the functional area of such local authority.

(2) The fee for a resident's parking disc shall be £5.00.

(3) A resident's parking disc shall be issued by a local authority in respect of the vehicle or vehicles of which the resident is the owner and shall be valid for a period of one year from the date of issue, in respect of that vehicle or those vehicles and for the street or streets to which the disc relates. This paragraph shall not be construed as enabling a resident who owns more than one vehicle to be issued with more than one resident's parking disc.

Return and transfer of resident's parking disc.

38. (1) Where, during the period to which a resident's parking disc relates, the resident to whom it is issued ceases to reside at the address specified on the disc or ceases to be an owner by disposing of the vehicle or vehicles to which the disc relates, he shall return it to the local authority by whom the disc was issued and where the resident has not disposed of all the vehicles to which the disc relates, the local authority, upon payment of a fee of 25p by the resident, shall delete the make and registration number on the disc of the vehicle or vehicles which the resident has disposed of and return the disc to the resident.

(2) Where, during the period to which a resident's parking disc relates, the resident to whom it is issued disposes of the vehicle or vehicles to which the disc relates and substitutes another vehicle disposed of, he shall return the disc to the local authority by whom the disc was issued which, upon payment of a fee of 25p by the resident, shall either insert the make and registration number of the substituted vehicle or vehicles on the disc and return the disc to the resident or issue to the resident a new disc in respect of that vehicle or vehicles which the resident now owns and such new disc shall be valid for the period specified.

PART VIII Bus Lanes

Prohibition on entry to bus lanes.

39. (1) A person shall not enter a with-flow bus lane with a vehicle other than an omnibus or a pedal cycle during the period indicated by means of an information plate of the type authorised by article 5 (2) of the bus lane regulations.

(2) A person shall not enter a contra-flow bus lane with a vehicle other than an omnibus.

(3) A person shall not enter a bus-only street with a vehicle other than an onibus except for the purpose of access.

(4) ( a ) Paragraphs (1) and (2) of this bye-law shall not apply to a vehicle entering a with-flow bus lane or a contra-flow bus lane solely for the purpose--

(i) of entering or leaving premises or property adjacent to such a bus lane,

(ii) of entering or leaving a road inset adjacent to such a bus lane in order to load or unload goods.

( b ) Paragraph (1) of this bye-law does not apply to a licensed public hire vehicle which is being used in the course of business as a public hire vehicle and which bears a roof sign clearly indicating that the vehicle is a street service vehicle.

Prohibition on parking on bus lanes.

40. (1) A person shall not park a vehicle in a contra-flow bus lane.

(2) A person shall not park a vehicle in a with-flow bus lane during the period indicated by means of an information plate of the type authorised by article 5 (2) of the bus lane regulations.

(3) A person shall not park a vehicle other than an omnibus in a bus-only street except for access.

(4) Paragraph (2) of this bye-law shall not apply to a licensed public hire vehicle which bears a roof sign clearly indicating that the vehicle is a street service vehicle and which is parked merely while picking up or setting down passengers in the course of its use as a public hire vehicle.

Non-application of Part VIII.

41. This part does not apply to--

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

( b ) a fire brigade vehicle, an ambulance or a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member.

PART IX Miscellaneous

Prohibition on depositing goods on roadway or footway.

42. (1) A person shall not deposit goods on a roadway or footway, except where necessary either because of a fire, flood, accident or other emergency or because a vehicle is being lawfully loaded or unloaded.

(2) ( a ) This paragraph of this bye-law applies to a container which contains, or is intended to contain, refuse, rubble or similar material and is so constructed as to be capable of being attached to, or lifted by, a vehicle to facilitate the removal of the container from a roadway or footway.

( b ) A person shall not deposit, or allow to remain, a container to which this paragraph applies, on a roadway or footway during a period when vehicles are required to be lighted unless the container is so lighted as to be clearly visible, and does not cause any danger to other road users.

( c ) A person shall not deposit, or allow to remain, a container to which this paragraph applies, on a clearway at a time which is a clearway period for that roadway, or on a footway adjoining a clearway at such a time.

(3) Where a person deposits goods on a roadway or footway while lawfully loading or unloading a vehicle, he shall take all reasonable precautions to prevent the goods from causing obstruction or avoidable inconvenience to traffic or pedestrians using the roadway or footway, and shall not allow the goods to remain on the roadway or footway for longer than is necessary for the purpose of the loading or unloading.

(4) This bye-law shall not apply to the placing of bins or other receptacles containing refuse on a roadway or footway on a day on which such refuse is usually collected from the public road concerned, but a person placing a bin or other such receptacle on a roadway or footway on such a day shall take all reasonable precaution to prevent obstruction or avoidable inconvenience to traffic or pedestrians using the roadway or footway.

Obligation to form a queue outside places of entertainment, etc.

43. (1) Persons awaiting admission to a place of entertainment or amusement or to some other place to which the public resort (whether on payment of money or otherwise) shall, should the entrance to such place form part of or be situated on a roadway or footway, from a queue at or near the entrance and in such a manner as to avoid obstruction to pedestrians or vehicles.

(2) A person in a queue formed in accordance with this bye-law shall comply with a direction relating to the queue and made by a member of the Garda Síochána in uniform or by an employee from the place.

Obligation to form a queue at appointed stands.

44. (1) Persons awaiting admission to street service vehicles at appointed stands for such vehicles shall form a queue at or near the head of the appointed stand in such a manner as to avoid obstruction to pedestrians or vehicles.

(2) A person in a queue formed in accordance with this bye-law shall comply with a direction relating to the queue made by a member of the Garda Síochána in uniform.

PART X Revocation

Revocation.

45. The County of Offaly Traffic and Parking Bye-Laws, 1986 ( S.I. No. 195 of 1986 ), are hereby revoked.

SCHEDULE

Business Hours

Ref. No.	Areas	Periods	Days
(1)	(2)	(3)	(4)
1.	The scheduled town of Banagher.	9.00 a.m. to 6.00 p.m.	Each weekday other than a Thursday, a Friday, a Saturday or a holiday.
		9.00 a.m. to 1.00 p.m.	Each Thursday other than a holiday.
		9.00 a.m. to 7.00 p.m.	Each Friday and Saturday other than a holiday.
2.	The urban district of Birr.	9.30 a.m. to 6.30 p.m.	Each weekday other than a Thursday or a holiday.
3.	The scheduled town of Clara.	9.30 a.m. to 6.00 p.m.	Each weekday other than a Friday or a holiday.
		9.30 a.m. to 9.00 p.m.	Each Friday other than a holiday.
4.	The district electoral division of Daingean.	9.30 a.m. to 6.00 p.m.	Each weekday other than Friday or a holiday.
		9.30 a.m. to 9.00 p.m.	Each Friday other than a holiday.
5.	The town of Edenderry.	9.00 a.m. to 5.30 p.m.	Each weekday other than a Friday or a holiday.
		9.00 a.m. to 9.00 p.m.	Each Friday other than a holiday.
6.	The district electoral divisions of Ferbane, Gallen and Moyclare.	9.00 a.m. to 6.00 p.m.	Each weekday other than a Wednesday, a Saturday or a holiday.
		9.00 a.m. to 1.00 p.m.	Each Wednesday other than a holiday.
		9.00 a.m. to 8.00 p.m.	Each Saturday other than a holiday.
7.	The urban district of Tullamore.	9.00 a.m. to 6.00 p.m.	Each weekday other than a Monday, a Thursday, a Friday or a holiday.
		9.00 a.m. to 9.00 p.m.	Each Thursday and Friday other than a holiday.

GIVEN under my hand, this 8th day of December, 1993.

PATRICK J. CULLIGAN,

Commissioner of the Garda Síochána.

The Minister for the Environment consents to the making of the foregoing bye-laws.

GIVEN under the Official Seal of the Minister for the Environment, this 8th day of April, 1994.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Bye-laws replace the County of Offaly Traffic and Parking Bye-laws, 1986 ( S.I. No. 195 of 1986 ) and provide for pay and display parking in the County of Offaly.

The Bye-laws also reduce the fee for a resident's parking disc to £5.00, remove the requirement that a resident's parking disc contain the name and address of the person to whom it is issued and provide for revised business hours in the town of Tullamore.

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	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> County of Offaly Traffic and Parking Bye-Laws, S.I. No. 87/1994 URL: http://www.bailii.org/ie/legis/num_reg/1994/0087.html

Irish Statutory Instruments

S.I. No. 87/1994 -- County of Offaly Traffic and Parking Bye-Laws, 1993.