S.I. No. 122/1962 - Omnibus (Stopping Places and Stands) General Bye-Laws, 1962.

S.I. No. 122 of 1962.

OMNIBUS (STOPPING PLACES AND STANDS) GENERAL BYE-LAWS, 1962.

I, DANIEL COSTIGAN, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by sections 86 and 88 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 :

1. These bye-laws may be cited as the Omnibus (Stopping Places and Stands) General Bye-laws, 1962.

2. In these bye-laws—

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

" the Commissioner " means the Commissioner of the Garda Síochána;

" stand " means a stand directed by notice under section 85 of the Act;

" stopping place " means a stopping place directed by notice under section 85 of the Act;

references to the left edge of the roadway in relation to the driver of an omnibus shall be construed with reference to the direction in which the omnibus is moving or, if stationary, the direction in which it is facing.

3. (1) The driver of an omnibus on a route along the whole of which there are stopping place shall not at any point on that route which is not a stopping place for that omnibus stop or park the omnibus for the purpose of setting down or taking up or both setting down and taking up passengers.

(2) The driver of an omnibus on a route along a portion only of which there are stopping places shall not at any point on that portion which is not a stopping place for that omnibus stop or park the omnibus for the purpose of setting down or taking up or both setting down and taking up passengers.

4. (1) The driver of an omnibus shall not at a point which the Commissioner has under subsection (3) of section 85 of the Act directed to be a stopping place only for setting down passengers stop or park the omnibus for the purpose of taking up passengers.

(2) The driver of an omnibus shall not at a point which the Commissioner has under the said subsection (3) directed to be a stopping place only for taking up passengers—

(a) stop or park the omnibus for the purpose of setting down passengers, or

(b) notwithstanding paragraph (a) of sub-article (1) of Article 8 of the Large Public Service Vehicles (Conduct) Regulations, 1937 (S.R. & O., No. 187 of 1937), stop the omnibus when signalled to do so by any person in the vehicle.

5. (1) The driver of an omnibus on a route in respect of which the Commissioner has under subsection (4) of section 85 of the Act directed that particular points shall be designated stopping places shall not, if the omnibus bears a special notice indicating that it will stop only at designated stopping places, stop or park the omnibus at a stopping place on that route which is not a designated stopping place.

(2) The driver of an omnibus shall not (except when obliged to do so because of an accident or breakdown or other circumstance beyond his control) stop or park an omnibus at a stopping place which is not also a stand for the omnibus, save for the purpose of setting down or taking up passengers or both setting down and taking up passengers.

6. Whenever the driver of an omnibus stops the omnibus at a stopping place he shall not, without reasonable cause, keep the omnibus parked at that stopping place for any time longer than is necessary for the purpose for which he stopped the omnibus.

7. (1) Where markings have been provided under subsection (9) of section 86 of the Act on the roadway in the vicinity of a stopping place the driver of an omnibus shall when stopping the omnibus at the stopping place (save where the use of the stopping place is rendered impracticable or impossible by reason of the condition of the road, road works, building operations, obstruction or other sufficient cause) do so wholly within the markings.

(2) Where markings have not been provided on the roadway in the vicinity of a stopping place, the driver of an omnibus shall, unless the stopping place is at or near the centre of the roadway, when stopping the omnibus at the stopping place, where practicable stop it in a position parallel to and as near as possible (having regard to all the circumstances including the presence of a queue on the roadway) to the left edge of the roadway and not more than eighteen inches from such edge.

8. The driver of an omnibus shall when stopping the omnibus for the purpose of setting down or taking up passengers or bothsetting down and taking up passengers do so where practicable in a position parallel and as near as possible (having regard to all the circumstances, including the presence of a queue on the roadway) to the left edge of the roadway and not more than eighteen inches from such edge.

9. (1) The driver of an omnibus on a route or portion of a route on which there are stands or stopping places shall not park the omnibus except—

(a) at a stand,

(b) for the purpose of setting down or taking up passengers or both setting down and taking up passengers, but not so as to contravene any other provision of these bye-laws,

(c) when obliged to do so because of an accident or breakdown or other circumstance beyond his control.

(2) Where markings have been provided under paragraph (a) of subsection (9) of section 86 of the Act on the roadway in the vicinity of a stand, the driver of an omnibus shall when parking the omnibus at the stand (save where the use of the stand is rendered impracticable or impossible by reason of the condition of the road, road works, building operations, obstruction or other sufficient cause) do so wholly within the markings.

10. (1) Where markings have been provided under subsection (9) of section 86 of the Act on the roadway in the vicinity of a stopping place or stand, a person shall not (except when obliged to do so because of an accident or breakdown or other circumstance beyond his control) stop or park a vehicle, other than an omnibus operating on the route on which the stopping place or stand exists, in such a position that it is wholly or partly within the markings.

(2) Paragraph (1) of this bye-law shall not apply—

(a) to a vehicle which is stopped for the purpose of taking up or setting down passengers and is parked merely while passengers are entering it or leaving it, or

(b) to a vehicle which, during a period in an area specified by bye-laws under section 90 of the Act, is stopped for the purpose of loading or unloading goods and is parked merely while goods are being loaded or unloaded into or onto the vehicle from premises, or from the vehicle into premises, being in each case premises which are fronting, or adjacent to, the place where the vehicle is parked.

11. (1) Where persons are waiting at a stopping place or stand to enter an omnibus, they and each of them shall behave in an orderly manner and shall comply with all directions (including directions to form and keep in a queue) given by a member of the Garda Síochána on duty at the stopping place or stand or by an official in the employment of the owner of the omnibus acting within the scope of his employment.

(2) Where persons are waiting at a stopping place or stand to enter an omnibus and no directions are given to them under paragraph (1) of this bye-law, they and each of them shall, in accordance with any sign displayed at the stopping place or stand by the owner of the omnibus, form and keep in a queue of—

(a) if the sign specifies that the queue shall be a queue of a particular number abreast, that number abreast,

(b) if the sign specifies that the queue shall be a queue of not more than a particular number abreast, not more than that number abreast, or

(c) in any other case, not more than two abreast.

(3) Where—

(a) six or more persons are waiting at a stopping place or stand to enter an omnibus, and

(b) no directions are given to them under paragraph (1) of this bye-law, and

(c) no sign such as is mentioned in paragraph (2) of this bye-law is displayed at the stopping place or stand,

they and each of them shall form and keep in a queue of not more than two abreast at the stopping place or stand.

(4) Where persons waiting to enter an omnibus form in a queue in compliance with paragraphs (2) and (3) of this bye-law they and each of them shall comply with the following requirements :

(a) in case a sign is displayed under paragraph (2) of this bye-law, the queue shall face in the direction indicated by the sign and in any other case shall face in the direction from which the omnibus will arrive :

(b) the queue shall be formed on the footway at which the omnibus will stop or, where there is no footway, on theside of the roadway at which the omnibus will stop and as close as possible to the edge of the roadway or, where the stopping place or stand is at or near the centre of the roadway, as close as possible to the centre of the roadway;

(c) if there is a sign at the stopping place or stand where the queue is formed indicating that it is a stopping place or stand, the queue shall commence at the sign.

(5) Where persons waiting to enter an omnibus form in a queue in compliance with this bye-law or a direction under this bye-law—

(a) no person shall take a position in the queue otherwise than behind the persons already forming the queue,

(b) no persons shall enter the omnibus before any other person desiring to enter who stood in front of him in the queue,

(c) no person who has left the queue shall rejoin it otherwise than behind the persons forming the queue when he rejoins it unless he is permitted either by the persons in the queue or an official in the employment of the owner of the omnibus to retake his former position,

(d) no person who has not been waiting in the queue may enter the omnibus before any other person desiring to enter the omnibus who has waited in the queue, unless the persons in the queue or an official in the employment of the owner of the omnibus permits him to do so because of inability, owing to illness or infirmity, to join the queue,

(e) no person shall enter the omnibus until all persons desiring to alight from the omnibus at the stopping place or stand where the queue is formed have alighted.

12. Subparagraph (c) of paragraph (2) of bye-law 7 of the General Bye-laws for the Control of Traffic, 1937 (S.R. & O., No. 222 of 1937), is hereby revoked.

GIVEN under my hand, this 29th day of June, 1962.

D. COSTIGAN,

Commissioner of the Garda Síochána.

WHEREAS in pursuance of subsection (1) 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 the provisions of subsections (1) and (2) 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 power conferred on him by subsection (2) of section 86 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 twentieth day of July, 1962.

(Signed) NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Bye-laws provide for :—

(a) controlling the stopping of omnibuses at stopping places directed by notice under Section 85 of Road Traffic Act, 1961 ;

(b) controlling the use by omnibuses of stopping places and stands;

(c) prohibiting from stopping at or being parked in the vicinity of stopping places and stands vehicles other than omnibuses for which stopping places and stands have been directed by notice under section 85 Road Traffic Act, 1961 , and

(d) enforcing order at stopping places and stands (including requiring queueing of intending passengers).