S.I. No. 31/1966 - Clonmel Traffic and Parking Bye-Laws, 1965.

S.I. No. 31 of 1966.

CLONMEL TRAFFIC AND PARKING BYE-LAWS, 1965.

WHEREAS the Commissioner of the Garda Siochana has, before making the bye-laws hereinafter set forth, consulted the Mayor, Aldermen and Burgesses of Clonmel in regard thereto :

NOW, I, WILLIAM P. QUINN, Commissioner of the Garda Siochana, in exercise of the powers conferred on me by sections 89 and 90 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 in respect of the area comprising the borough of Clonmel :—

1 Short title

1. These bye-laws may be cited as the Clonmel Traffic and Parking Bye-Laws, 1965.

2 Interpretation

2. (1) In these bye-laws—

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

" cycle track " means a part of a road designed for use only by pedal cycles ;

" holiday " means any of the following days—

St. Patrick's Day or, if it falls on a Sunday, the following Monday,

Good Friday,

Easter Monday,

Whit Monday,

the first Monday in August,

Christmas Day or, if it falls on a Sunday, the 27th December,

St. Stephen's Day or, if it falls on a Sunday, the following Monday;

" pedestrian crossing " means a crossing for pedestrians on a roadway, which is indicated by means of traffic signs of the type authorised by Article 9 of the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ) ;

" pedestrian lights " means either of the types of mechanical signals authorised by Article 14 of the Road Traffic (Signs) Regulations, 1962;

" the relevant hours " means—

(a) on a weekday other than Thursday, the period from 8.30 a.m. to 6.30 p.m.,

(b) on a Thursday, the period from 8.30 a.m. to 1 p.m.;

" road inset " means part of a roadway specially inset in the footway or road verge so as to afford parking space for vehicles on a part of the roadway other than that normally used by traffic passing along that roadway ;

" service road " means a road which is—

(a) parallel to a road (in these bye-laws called a "through road") designed or intended to carry traffic going through a particular area or between two particular places, and

(b) constructed for traffic serving only a line of shops or houses set back from the through road ;

" street " means a public road ;

" traffic sign " has the meaning assigned to it by section 95 of the act; " weekday " means any day other than a Sunday or a holiday.

(2) In these bye-laws a reference to goods being loaded into a vehicle shall be construed as including the supplying of fuel or oil for the operation of the vehicle.

(3) Every mention in these bye-laws of the name of a street or other place shall be construed as referring to the street or place in the borough of Clonmel which is known (whether by official naming or by popular usage) by that name.

3 Revocation

3. The Clonmel Traffic Bye-Laws, 1948 ( S.I. No. 159 of 1948 ), are hereby revoked.

4 Parking places

4. (1) (a) In the several streets named in column (2) of the First and Second Schedules to these bye-laws, any place delimited in column (3) of the said Schedules opposite the mention in the said column (2) of such streets shall be a parking place.

(b) Where premises fronting on a parking place mentioned in the said First or Second Schedule have an entrance specially designed to afford access for mechanically propelled vehicles, or animal-drawn vehicles, the portion of the street from which access to that entrance is obtainable shall be deemed to be excluded from the parking place.

(c) Where a parking place mentioned in the said First or Second Schedule includes a street junction and traffic signs marking traffic lanes are provided on the roadway of the street containing the parking place at an approach to the junction, the following space shall be deemed to be excluded from the parking place—

(i) the street junction, and

(ii) a space extending from that point of any such traffic sign furthest from the street junction to the street junction;

provided that this subparagraph shall not apply where:—

(A) the street entering the street containing the parking place does not enter it on the side on which the parking place is situate, and

(B) traffic signs marking traffic lanes are not provided on the roadway of the street containing the parking place at, or at an approach to the street junction on the side on which the parking place is situate.

(d) If traffic lights are provided the space between traffic lights and roadway markings of the type authorised by paragraph (h) of Article 12 of the Road Traffic (Signs) Regulations, 1962, as amended by Article 3 of the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 ), shall be deemed to be excluded from the parking places mentioned in the said First and Second Schedules.

(2) The following provisions shall apply to the parking places mentioned in the First Schedule to these bye-laws—

(a) vehicles of the following classes shall not be parked in a parking place :—

(i) any vehicle drawing another vehicle,

(ii) a vehicle having seating passengers accommodation for more than eight persons exclusive of the driver ;

(b) a vehicle shall be placed in a parking place in the position specified in column (4) of the said Schedule opposite the mention of the parking place in column (3) of that Schedule, provided that, in a parking place which has a kerb adjacent thereto a bicycle without a side-car may be parked parallel to the kerb if no part of the bicycle projects over the roadway more than 18 inches from the kerb ;

(c) where the said Schedule requires vehicles in a parking place to be parked in single line by the kerb and parallel thereto or with rear or front to the kerb, no vehicle shall be parked more than eighteen inches from the kerb.

(3) The following provisions shall apply to the parking places mentioned in the Second Schedule to these bye-laws:—

(a) a vehicle (other than a bicycle without a side-car) shall not be parked in a parking place during the relevant hours for a continuous period which exceeds one hour ;

(b) a vehicle which has been parked in and removed from a parking place during the relevant hours shall not be parked again in that parking place during the relevant hours within one hour after the time at which it was so removed therefrom ;

(c) a bicycle without a side-car shall be parked parallel to the kerb and so that no part of the bicycle projects over the roadway more than eighteen inches from the kerb; provided that a bicycle without a side-car if it cannot be so parked may be parked on the roadway with its rear to the kerb and not more than eighteen inches from the kerb ;

(d) a vehicle other than a vehicle referred to in subparagraph (c) of this paragraph shall be parked on the roadway in single line by and parallel to but not more than eighteen inches from the kerb ;

(e) where a parking place includes any of the following spaces, the space or spaces (as the case may be) shall be deemed to be excluded from the parking place: —

(i) a pedestrian crossing and the space within thirty feet thereof ;

(ii) if pedestrian lights are provided, the space within thirty feet of the pedestrian lights;provided that, in a street where traffic is permitted to proceed in both directions, clauses (i) and (ii) of this sub-paragraph shall apply (as regards each approach to the pedestrian crossing or pedestrian lights) only to the side of the street on which traffic approaching the pedestrian crossing or pedestrian lights is required to proceed, and that in a street where traffic is required to proceed in one direction only clauses (i) and (ii) of this subparagraph shall apply only to the side of the pedestrian crossing or pedestrian lights from which traffic is required to approach the crossing or lights.

(4) The following provisions shall apply to the parking places mentioned in the First and Second Schedules to these bye-laws :—

(a) a vehicle, while parked in a parking place, shall not be offered or displayed for sale or for hire or as a prize ;

(b) a vehicle, shall be placed in a parking place so that—

(i) the whole of the vehicle is within the limits of the parking place, and

(ii) no part of the vehicle is within an area deemed by these bye-laws to be excluded from the parking place ; provided that portion of the vehicle or an attachment thereto may project over a footway but not so as to interfere with the free movement of pedestrians on the footway;

(c) (i) no person shall overhaul or execute repairs to a vehicle while it is parked in a parking place ;

(ii) clause (i) of this subparagraph shall not apply in a case where, while parked or within a reasonable time before the parking, the vehicle had been damaged in an accident or had had a breakdown and in order to enable it to be moved from the public road it was necessary to carry out the repairs ;

(d) neither the driver of a vehicle which is parked in a parking place nor any other person shall make any unnecessary noise by means of or in relation to the vehicle or the engine or any equipment, fitting or instruments fitted to or carried on the vehicle or any loudspeaker in or on or in any way connected with the vehicle ;

(e) the driver of a vehicle which is parked in or being brought into or removed from a parking place shall comply with anytraffic sign relating to such parking place and with all directions given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle in the parking place or the bringing of the vehicle into or the removal of the vehicle from the parking place, and in particular, a direction to change the position of the vehicle in the parking place;

(f) a member of the Garda Síochána in uniform may require the driver of a vehicle to remove it from a parking place in order to ease the flow of traffic or to afford access to premises, and the driver shall comply with any such requirement;

(g) notwithstanding any other provision of this bye-law restricting the classes of vehicles which may be parked in a parking place or the conditions subject to which a vehicle may be parked in a parking place, a vehicle may be parked in a parking place in the following circumstances—

(i) where the vehicle is halted merely while passengers are entering it or leaving it, or

(ii) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises, or unloaded from the vehicle into premises, being (in each case) premises fronting or adjacent to the place where the vehicle is parked.

5 Parking restrictions in portions of certain streets

5. (1) No person shall park a vehicle (other than a bicycle without a side-car) for any period during the relevant hours in any portion of a street mentioned in column (3) of Part I of the Third Schedule to these bye-laws.

(2) Notwithstanding paragraph (1) of this bye-law a vehicle may be parked in any portion of a street mentioned in column (3) of Part I of the Third Schedule to these bye-laws in the following circumstances—

(a) where the vehicle is halted merely while passengers are entering it or leaving it, or

(b) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises or unloaded from the vehicle into premises, being (in each case) premises fronting or adjacent to the place where the vehicle is parked.

6 Parking prohibition in portions of certain streets at specified times

6. (1) No person shall park a vehicle (other than a bicycle without a side-car) for any period at any time in any street or portion of a street mentioned in column (3) of Part 2 of the Third Schedule to these bye-laws.

(2) Notwithstanding paragraph (1) of this bye-law a vehicle may be parked in any street or portion of a street mentioned in column (3) of Part 2 of the said Schedule in the following circumstances—

(a) where the vehicle is halted merely while passengers are entering it or leaving it, or

(b) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises or unloaded from the vehicle into premises, being (in each case) premises fronting or adjacent to the place where the vehicle is parked.

7 Temporary restrictions on parking in certain streets

7. (1) In respect of an occasion on which, because of an event which is likely to attract a large number of persons or because of constructional work in progress in the vivcinity or some similar circumstance, traffic in a particular street is likely to encounter unusual difficulties and in a case where it is necessary to take urgent measures in order to deal with traffic congestion in a particular street caused by the parking of vehicles, an authorised officer may, by notice in writing addressed to the road authority responsible for the maintenance of that street, direct that for a specified period a specified street or portion of a street shall be deemed to be included in Part 1 of the Third Schedule to these bye-laws in respect of such days and times as may be specified in the direction.

(2) On the giving of a direction under this bye-law the following provisions shall apply—

(a) traffic signs shall be provided by the road authority concerned indicating the street or portion of a street to which the direction applies and shall, where necessary, be accompanied by informative notices indicating the days and times in respect of which the direction applies;

(b) so long as the said traffic signs (and informative notices, if any) are provided these bye-laws shall apply to the said street or portion of a street as if it were included in Part I of the said Schedule in respect of the days and times specified in the direction, and as if the words "during the relevant hours " in bye-law 5 of these bye-laws did not apply thereto by virtue of that bye-law.

(3) In this bye-law " authorised officer " means an officer of the Garda Síochána authorised by the Commissioner under subsection (19) of section 95 of the act.

8 General restrictions on parking

8. (1) The following provisions shall apply and have effect in relation to the parking of vehicles in streets at places which are not parking places :—

(a) no person shall park a vehicle in a place or position or in such manner as will obstruct, delay or interfere with the entrance to or exit from a fire brigade station or ambulance station maintained by a local authority;

(b) no person shall park a vehicle (other than a bicycle without a side-car) at or near a street junction (where traffic signs marking traffic lanes are provided on the roadway of the street at an approach to the street junction) in such a position that the vehicle or any part of it is on the street junction or a space extending from that point of any such traffic sign furthest from the street junction to the junction, provided that the restriction on parking imposed by this subparagraph shall not apply to the parking of a vehicle in a road inset;

(c) no person shall park a vehicle in a street in such a place, position or manner that there is not sufficient space for the full movement of the normal flow of vehicular traffic through the street;

(d) where a vehicle is parked on the roadway—

it shall be so parked that the distance between the portion of the vehicle nearest to the edge of the roadway and the edge is not more than 18 inches;

(e) a pedal bicycle may be parked on a footway provided that it does not interfere with the free movement of pedestrians on the footway;

(f) no person shall park a vehicle on a pedestrian crossing;

(g) no person shall park a vehicle (other than a pedal bicycle) within thirty feet of a pedestrian crossing;

(h) where pedestrian lights are provided, no person shall park a vehicle (other than a pedal bicycle) within thirty feet of the pedestrian lights; provided that the restriction on parking imposed by this subparagraph shall not apply to a vehicle which is halted merely while passengers are entering it or leaving it or while goods are being loaded into or on to the vehicle from premises or unloaded from the vehicle intopremises, being (in each case) premises fronting or adjacent to the pedestrian lights;

(i) save with the consent of the occupier of the premises referred to in this subparagraph no person shall park a vehicle so as to obstruct an entrance to premises specially designed to afford access to mechanically propelled vehicles or animal-drawn vehicles;

(j) a person shall not park a vehicle (other than a bicycle without a side-car on a stretch of roadway having not more than two traffic lanes and on the centre of which there is provided a continuous white line as authorised by Article 12 of the Road Traffic (Signs) Regulations, 1962;

(k) no person shall park a vehicle (except a pedal cycle) on a cycle track;

(l) a person shall not overhaul or execute repairs to a vehicle which is parked in a street;

(m) neither the driver of a vehicle which is parked nor any other person shall make any unnecessary noise by means of or in relation to the vehicle or the engine or any equipment, fittings or instruments fitted to or carried on the vehicle or any loudspeaker in or on or in any way connected with the vehicle;

(n) the driver or other person in charge of a vehicle shall comply immediately with all directions given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle or the removal of the vehicle from the place where it is parked;

(o) no person shall park a vehicle (other than a pedal bicycle) between traffic lights and roadway markings of the type authorised by paragraph (h) of Article 12 of the Road Traffic (Signs) Regulations, 1962, as amended by Article 3 of the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 ).

(2) The restrictions on parking imposed by subparagraphs (g) and (h) of paragraph (1) of this bye-law shall, in a street where traffic is permitted to proceed in both directions, apply (as regards each approach to the pedestrian crossing or pedestrian lights) only to the side of the street in which traffic approaching the pedestrian crossing or pedestrian lights is required to proceed, and in a street where traffic is required to proceed in one direction only the saidrestrictions on parking shall apply only to the side of the pedestrian crossing or pedestrian lights from which traffic is required to approach the crossing or lights.

(3) The restrictions on parking imposed by subparagraphs (g) and (h) of paragraph (1) of this bye-law shall not apply to the parking of a vehicle on a service road where the pedestrian crossing or pedestrian lights is not or are not (as the case may be) provided on the service road.

(4) Subparagraph (l) of paragraph (1) of this bye-law shall not apply in a case where, while parked or within a reasonable time before the parking, the vehicle had been damaged in an accident or had had a breakdown and in order to enable the vehicle to be moved from the public road it was necessary to carry out the repairs.

9 Parking at Bus Stops and Stands

9. For the purpose of bye-law 10 of the Omnibus (Stopping Places and Stands) General Bye-Laws, 1962 ( S.I. No. 122 of 1962 ) (which prohibits, subject to exceptions, the parking of a vehicle other than an omnibus within markings provided under subsection (9) of section 86 of the act, in the vicinity of a stopping place or stand) the periods during which a vehicle may be parked within such markings while goods are being loaded into or on to the vehicle or unloaded from the vehicle shall be all periods.

10 One-Way Streets

10. Traffic on a street mentioned in column (2) of the Fourth Schedule to these bye-laws shall proceed in the direction mentioned in column (3) of that Schedule opposite the mention in the said column (2) of that street and in no other direction.

11 Savers

11. (1) The provisions of these bye-laws restricting parking shall be construed and shall operate as restrictions additional to and not in substitution for any restriction, limitation or prohibition of parking for the time being imposed by law, and nothing in these bye-laws shall be construed or operate so as to create or confer any right to park a vehicle.

(2) Articles 5 to 8 of these bye-laws shall not apply to—

(a) a street service vehicle standing for hire in an appointed stand, or an omnibus standing in a stand or stopping place for omnibuses directed (in each case) by notice under section 85 of the act,

(b) 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 of any telegraphic or telephonic line,

(c) 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, or

(d) any vehicle parked because the driver is prevented from proceeding by circumstances beyond his control or because such parking is necessary in order to avoid an accident.

FIRST SCHEDULE

PARKING PLACES FOR UNLIMITED PERIODS

FIRST SCHEDULE (continued)

FIRST SCHEDULE (continued)

SECOND SCHEDULE

PARKING PLACES WHERE PARKING IS LIMITED TO ONE HOUR

THIRD SCHEDULE

STREETS OR PORTIONS OF STREETS IN WHICH PARKING IS PROHIBITED, EXCEPT WHILE TAKING UP OR SETTING DOWN PASSENGERS, OR LOADING OR UNLOADING GOODS

PART I

DURING THE RELEVANT HOURS

THIRD SCHEDULE (continued)

THIRD SCHEDULE (continued).

PART 2

AT ANY TIME

FOURTH SCHEDULE

ONE-WAY STREETS

GIVEN under my hand this 14th day of December, 1965.

(Signed) W. P. QUINN,

Commissioner of the Garda Síochána.

WHEREAS in pursuance 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 subsections (1) and (5) 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 section 89 and 90 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 Eleventh day of February, 1966.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

1. These Bye-Laws revoke Clonmel Traffic Bye-Laws, 1948.

2. The First Schedule delimits parking places.

3. The Second Schedule delimits parking places where the parking of vehicles is limited to one hour during the relevant hours.

4. Part 1 of the Third Schedule delimits portions of streets in which parking of vehicles is prohibited during the relevant hours except while taking up or setting down passengers or loading or unloading goods.

5. Part 2 of the Third Schedule delimits portions of streets in which parking of vehicles is prohibited at any time except while taking up or setting down passengers or loading or unloading goods.

6. Bye-Law 9 provides that vehicles may be parked in the vicinity of an Omnibus Stopping Place or Stand at all periods while goods are being loaded into or on to the vehicle or unloaded from the vehicle.

7. Bye-Law 10 provides that traffic on a street mentioned in column (2) of the Fourth Schedule shall proceed in the direction mentioned in column (3) of that Schedule and in no other direction.