S.I. No. 83/1976 - Dublin Traffic and Parking Bye-Laws, 1976.

S.I. No. 83 of 1976.

DUBLIN TRAFFIC AND PARKING BYE-LAWS, 1976.

ARRANGEMENT OF BYE-LAWS.

PART I.

Preliminary.

1. Short title.

2. Interpretation.

3. Area of application.

4. Revocation.

PART II.

General.

5. Parking in accordance with traffic signs.

6. Non-application to certain vehicles.

7. Conditions for parking.

8. Places where parking is prohibited.

9. Prohibition on parking on grass margins and median strips.

10. Prohibition on parking on footways.

11. Restriction on parking during business hours.

12. Parking at the edge of the roadway.

13. Compliance with directions of Garda Síochana.

14. Compliance with traffic signs.

PART III.

Clearways.

15. Prohibition on parking on clearways.

PART IV.

Pedestrianisation.

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

PART V.

Provision for Parking Meters and Loading Bays.

17. Parking in meter parking places.

18. Parking in loading bays.

19. Motor cycles and pedal cycles not to park in meter parking places and loading bays.

PART VI.

Miscellaneous.

20. Prohibition on depositing goods on roadway or footway.

21. Obligation to form a queue while awaiting admission to places of entertainment.

22. Obligation to form a queue while awaiting admission to street service vehicles.

S.I. No. 83 of 1976.

DUBLIN TRAFFIC AND PARKING BYE-LAWS, 1976.

I, EDMUND PATRICK GARVEY, Commissioner of the Garda Síochana 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 Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin, the council of the county of Dublin, the corporation of Dun Laoghaire and the commissioners of the town of Balbriggan, hereby make the following bye-laws in respect of the area comprising the county borough of Dublin, the borough of Dun Laoghaire, the county of Dublin and the town of Balbriggan:

PART I.Preliminary.

1 Short title.

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

2 Interpretation.

2. (1) In these bye-laws—

"appointed stand" has the meaning assigned to it by section 84 (1) (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);

"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);

"buffer area" has the meaning assigned to it by Article 2 of the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 );

"business hours" means the period from 8.00 a.m. to 6.30 p.m. on a weekday which is not a Saturday or a holiday;

"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 ));

"footway" has the same meaning as in section 3 (1) 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;

"grass margin" means that portion of public road situate between the roadway and footway and which is provided for the growing of grass, trees or shrubbery of any kind;

"holiday" includes 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 Part II of these bye-laws) means a plate of the type authorised by and described in Part IX (inserted by the Regulations of 1969) of the First Schedule to the Regulations of 1962, or any addition or amendment thereto;

"information plate" (for the purpose of Part III of these bye-laws) 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;

"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;

"median strip" means that portion of the public road situate between roadways and separating traffic proceeding from opposite directions or otherwise;

"meter parking place" means a place on a roadway where the parking of vehicles is subject to the payment of fees by means of parking meters;

"parking bay" has the meaning assigned to it by Article 2 of the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 );

"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;

"public road" has the same meaning as in section 3 (1) of the Road Traffic Act, 1961 (No. 24 of 1961);

"road" has the same meaning as in section 3 (1) of the Road Traffic Act, 1961 (No. 24 of 1961);

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

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

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

"roadway" has the same meaning as in section 3 (1) of the Road Traffic Act, 1961 (No. 24 of 1961);

"street" means a public road;

"street service vehicle" has the same meaning as in section 3 (1) (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 Dublin area" means the area comprising the county borough of Dublin, the borough of Dun Laoghaire, the county of Dublin and the town of Balbriggan;

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

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

3. These bye-laws apply to the Dublin area.

4 Revocation.

4. The Dublin Parking Bye-Laws, 1969 ( S.I. No. 170 of 1969 ), the Dublin Traffic and Parking Bye-Laws, 1971 ( S.I. No. 59 of 1971 ), and the Dublin Traffic Bye-Laws, 1974 ( S.I. No. 63 of 1974 ), are hereby revoked.

PART II.General.

5 Parking in accordance with traffic signs.

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

6 Non-application to certain vehicles.

6. (1) A prohibition or restriction on parking on a roadway indicated by means of a traffic sign or imposed by this Part of these bye-laws shall not apply to—

( a ) a street service vehicle lawfully standing for hire,

( b ) an omnibus lawfully stopped,

( c ) a vehicle being used for the removal of an obstruction to traffic, the repair, maintenance or reconstruction of a public road, the provision, alteration or repair of a telegraph line, telephone line, sewer, drain, main, pipe or apparatus relating to the supply of gas, oil, water or electricity, or the installation, repair and maintenance of road traffic signs,

( d ) a fire engine, ambulance or Garda Siochana vehicle being used in pursuance of statutory powers or duties,

( e ) 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,

( f ) a vehicle parked (other than in a meter parking place or a loading bay) merely while goods are being loaded in or on to or unloaded from it, unless the vehicle is within 45 feet on the approach side of a pedestrian crossing or pedestrian lights,

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

( h ) 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,

( i ) a pedal cycle (other than in a meter parking place or a loading bay),

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

( k ) a vehicle being used by an authorised person or a traffic warden in the enforcement of these bye-laws.

(2) A vehicle lawfully parked in accordance with bye-law (1) (f) of this bye-law shall, if the loading or unloading is not completed within a period of one hour from the time of parking, not remain so parked for that purpose unless authorised by a member of the Garda Siochana in uniform, an authorised person or a traffic warden.

7 Conditions for parking.

7. (1) Where on a roadway parking is 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 for sale or as a prize or for the time being used solely for advertising purposes or as an office or in connection with the sale of tickets, goods or any service,

( c ) that no overhaul or repair is effected to it, unless in accordance with bye-law 6 (1) (h) of these bye-laws,

( d ) that it is not being painted,

( e ) that no unnecessary noise is made by it or by anything carried in or on or attached or connected to it,

( f ) that it has not seating passenger accommodation for more than 12 people other than the driver.

(2) While a vehicle is parked on a roadway on which there is no restriction on parking, it may be parked only if the following conditions are complied with—

( a ) that it is not offered for sale or as a prize or for the time being used solely for advertising purposes or as an office,

( b ) that no overhaul or repair is effected to it, unless in accordance with bye-law 6 (1) (h) of these bye-laws,

( c ) that it is not being painted,

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

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

8 Places where parking is prohibited.

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

( d ) 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,

( e ) 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,

( f ) on a pedestrian crossing or at pedestrian lights or within 45 feet (on the approach side) and 15 feet (on the side other than the approach side) of a pedestrian crossing or pedestrian lights.

9 Prohibition on parking on grass margins and median strips.

9. (1) A vehicle shall not be parked on a grass margin or a median strip.

(2) This bye-law shall not apply to the classes of vehicles outlined at sub-paragraphs (c), (d), (e), (h) and (j) of bye-law 6 (1) of these bye-laws.

10 Prohibition on parking on footways.

10. (1) A vehicle shall not be parked wholly or partly on a footway.

(2) Subject to the provisions of bye-law 6 (1) of these bye-laws, paragraph (1) of this bye-law shall not apply to a pedal cycle which does not interfere with the free movement of pedestrians on the footway.

(3) This bye-law shall not apply to the classes of vehicles outlined at sub-paragraphs (c), (d), (e), (h) and (j) of bye-law 6 (1) of these bye-laws.

11 Restriction on parking during business hours.

11. A vehicle which is parked on a street 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 in the street where it had been parked, be parked again within one hour of leaving on that street or, where the parking restriction relates to part of the street only, on that part.

12 Parking at the edge of the roadway.

12. 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.

13 Compliance with directions of Garda Siochana.

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

14 Compliance with traffic signs

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

PART III.Clearways.

15 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 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,

(iii) the provision, alteration or repair of a sewer, or a main, drain, 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 Siochana 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,

( i ) to a section of roadway which is a road inset,

( j ) to a pedal cycle,

( k ) to a vehicle being used by a member of the Garda Siochana, an authorised person or a traffic warden in the removal of a vehicle stopped or parked in contravention of this bye-law,

( l ) to a vehicle being used by an authorised person or a traffic warden in the enforcement of this bye-law.

PART IV.Pedestrianisation.

16 Prohibition on entry to or parking in certain streets.

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

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

(3) This bye-law does not apply to—

( a ) any vehicle which is being used in connection with—

(i) the removal of any obstruction to traffic,

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

(iii) the provision, alteration or repair of any sewer or of any main, drain, 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 Siochana while being used in pursuance of statutory powers or duties.

PART V.Provision for Parking Meters and Loading Bays.

17 Parking in meter parking places.

17. (1) The following provisions shall apply during business hours to the parking of a vehicle in a meter parking place—

( a ) subject to paragraph (2) of this bye-law, a vehicle shall be parked only in a parking bay and in the position specified by the traffic sign relating to the parking bay,

( b ) a vehicle shall not (unless exempted) be parked for a period longer than 2 hours,

( c ) a vehicle which had been parked in a meter parking place shall not be parked again in the street containing that meter parking place until at least one hour after the vehicle had last vacated that meter parking place,

( d ) a vehicle shall not be parked in a buffer area,

( e ) a vehicle parked at a time not during business hours shall be removed when a period of business hours commences, unless the appropriate parking bay is paid at such commencement,

( f ) a person parking a goods vehicle merely while loading or unloading goods may do so for a period not exceeding 30 minutes without paying the appropriate fee in respect of the meter parking place.

(2) Notwithstanding paragraph (1) (a) of this bye-law, a vehicle parked in a parking bay during business hours may project into an adjoining buffer area if the length of the vehicle prevents its being parked wholly in accordance with paragraph (1) (a) of this bye-law.

(3) This bye-law shall not apply to a parking bay when the parking meter for that parking bay is temporarily suspended from operation under section 90 (e) (b) (viii) of the Road Traffic Act, 1961 .

18 Parking in loading bays.

18. (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) of this bye-law, a member of the Garda Siochana 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.

19 Motor cycles and pedal cycles not to park in meter parking places and loading bays.

19. Motor cycles and pedal cycles shall not be parked during business hours in meter parking places and loading bays.

PART VI.Miscellaneous.

20 Prohibition on depositing goods on roadway or footway.

20. (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) 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.

(3) This bye-law shall not apply to the placing of bins or other receptacles containing refuse on a roadway or footway on a day of normal refuse collection, if all reasonable precautions are taken to prevent obstruction or avoidable inconvenience to traffic or pedestrians using the roadway or footway.

21 Obligation to form a queue while awaiting admission to places of entertainment.

21. (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 situate on a roadway or footway, form a queue at or near the entrance to the place 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 request or direction relating to the queue and made by an employee from the place or by a member of the Garda Siochana in uniform.

22 Obligation to form a queue while awaiting admission to street service vehicles at appointed stands.

22. (1) Persons awaiting admission to street service vehicles at appointed stands for street service vehicles shall form a queue at or near the head of the appointed stand 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 request or direction relating to the queue made by a member of the Garda Siochana in uniform.

GIVEN under my hand, this 12th day of February, 1976.

EDMUND P. GARVEY,

Commissioner of the Garda

Siochana.

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 5th day of April, 1976.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

1. These bye-laws revoke the Dublin Parking Bye-laws, 1969 ( S.I. No. 170 of 1969 ), the Dublin Traffic and Parking Bye-laws, 1971 ( S.I. No. 59 of 1971 ), and the Dublin Traffic Bye-laws, 1974 ( S.I. No. 63 of 1974 ).

2. These bye-laws (Part II) provide for and outline the conditions for parking of vehicles on public roads, etc. in the Dublin area.

3. These bye-laws (Part III) provide for a prohibition on the stopping or parking of vehicles for any purpose (unless exempted) during clearway periods.

4. These bye-laws (Part IV) provide for the pedestrianisation of streets or sections of streets.

5. These bye-laws (Part V) provide for meter parking places and loading bays and the conditions for parking in such places.

6. These bye-laws (Part VI) prohibit the depositing of goods on a roadway or footway and provide for persons forming queues while awaiting admission to places of entertainment, and street service vehicles at appointed stands for street service vehicles.