State Airports (Shannon Group) Act 2014

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Airport bye-laws

45. Section 15 of the Act of 2004 is amended—

(a) in subsection (3), by substituting for paragraph (o) the following:

“(o) the making of provision for—

(i) the fixing of an immobilisation device to any vehicle which has been parked contrary to bye-laws made under this section or parked without payment of the charge fixed for its parking,

(ii) the removal of such an immobilisation device,

(iii) the removal, detention, storage and release of a vehicle so immobilised, and

(iv) the disposal of vehicles detained.”,

(b) by substituting for subsection (9) the following:

“(9) A person who contravenes a provision of a bye-law made under this section which is stated in the bye-laws to be a penal provision commits an offence and is liable on summary conviction to a class C fine.

(9A) Where, in relation to the parking of a mechanically propelled vehicle at an airport there is a contravention of a provision referred to in subsection (9) each of the following commits an offence and is liable on summary conviction to a class C fine—

(a) the registered owner of the vehicle, and

(b) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(c) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(9B) Where a person is charged with an offence—

(a) under subsection (9A)(a), it shall be a defence for him or her to show that the vehicle was being used on the occasion in question by another person and that—

(i) the use of the vehicle which contravened the provision was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement,

or

(b) under subsection (9A)(b), it shall be a defence for him or her to show that the vehicle was being used on the occasion in question by another person and that the use of the vehicle which contravened the provision was unauthorised.”,

and

(c) by substituting for subsection (16) the following:

“(16) In this section—

‘company’ means—

(a) daa, in relation to Dublin Airport,

(b) Shannon Airport Authority, in relation to Shannon Airport, or

(c) daa before the Cork appointed day, and Cork Airport Authority, from the Cork appointed day, in relation to Cork Airport;

‘immobilisation device’ means a device or appliance designed or adapted for fixing to a vehicle, onto a part of it, for the purpose of preventing it being driven or otherwise put in motion.

(17) In this section and sections 27 and 27A ‘hire-drive agreement’, ‘mechanically propelled vehicle’ and ‘registered owner’ have the meanings assigned to them, respectively, by the Road Traffic Act 1961 . ”.