S.I. No. 168/1950:

MALLOW TRAFFIC (PARKING AND WAITING) BYE-LAWS, 1950.

MALLOW TRAFFIC (PARKING AND WAITING) BYE-LAWS, 1950.

ARRANGEMENT OF BYE-LAWS.

PART I.

PRELIMINARY AND GENERAL.

Bye-Law.

1. Short title.

2. Interpretation.

3. Definitions.

PART II.

PARKING PLACES.

4. Appointment of Parking Places.

5. Position of vehicles in parking places.

6. Provisions relating to parking in parking places in the First Schedule.

7. General provisions relating to parking in parking places.

8. Power to close a parking place in an emergency.

9. Restrictions on the admission of vehicles to parking places.

10. Saving for vehicles loading or unloading, etc.

PART III.

WAITING ELSEWHERE THAN IN PARKING PLACES.

11. Restrictions on vehicles waiting in streets.

12. General provisions in relation to the keeping of vehicles waiting in streets.

13. Power to prohibit waiting in particular places in an emergency.

14. Saving in respect of this Part of these bye-laws.

FIRST SCHEDULE.

PARKING PLACES AVAILABLE DAY AND NIGHT.

SECOND SCHEDULE.

STREETS OR PORTIONS OF STREETS IN WHICH WAITING FOR MORE THAN ONE HOUR IN THE DAY-TIME IS PROHIBITED.

THIRD SCHEDULE.

STREETS OR PORTIONS OF STREETS IN WHICH WAITING IS PROHIBITED AT ALL TIMES.

S.I. No. 168 of 1950.

MALLOW TRAFFIC (PARKING AND WAITING) BYE-LAWS, 1950.

PART I. PRELIMINARY AND GENERAL.

WHEREAS the Commissioner of the Garda Síochána has, before making the bye-laws hereinafter set forth, consulted the Council of the urban district of Mallow in regard thereto :--

NOW, I, MICHAEL J. KINNANE, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by subsection (1) of section 150 of the Road Traffic Act, 1933 (No. 11 of 1933), and of every and any other power me in this behalf enabling, hereby, with the consent of the Minister for Local Government, testified by his official seal affixed hereto, make the following bye-laws in respect of the area consisting of the urban district of Mallow, that is to say :--

1. These bye-laws may be cited as the Mallow Traffic (Parking and Waiting) Bye-Laws, 1950.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these bye-laws.

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

the expression " the Act " means the Road Traffic Act, 1933 (No. 11 of 1933),

the word " vehicle " means a mechanically propelled vehicle,

the word " day-time " means the period beginning at 10 a.m. on any day and ending at 7 p.m. on the same day,

the word " night-time " means the period beginning at 7 p.m. on any day and ending at 10 a.m. on the next day,

the word " park " when used as a verb means to keep or leave a vehicle (whether in charge or not in charge of any person) stationary in a place which is a parking place by virtue of these bye-laws,

the expression " keep a vehicle waiting " means to keep or leave a vehicle (whether in charge or not in charge of any person) stationary in a public place which is not a parking place, for any purpose other than actually taking up or setting down passengers, or loading or unloading goods, and similar expressions and the word " wait " and cognate words shall be construed accordingly,

the expression " authorised sign " means any notice, mark or other sign for the guidance of traffic which is placed at the side or on the surface of a roadway by the Council charged with the maintenance of such roadway, and any portable notice placed by a member of the Garda Síochána on such roadway or on a footway adjacent thereto,

the word " street " means a public road.

(2) Every mention in these bye-laws or in any of the Schedules to these bye-laws of the name of any street, bridge, or other place shall be construed as referring to the street, bridge or other place (as the case may be) in the urban district of Mallow which is known (whether by official naming or by popular usage) by that name.

(3) Every expression and word used in these bye-laws to which a particular meaning is given by section 3 of the act shall, save as is otherwise provided by the first paragraph of this bye-law, have in these bye-laws the meaning given to it by the said section 3.

PART II. PARKING PLACES.

4. (1) In the several streets named in the second column of the First Schedule to these bye-laws, the place or each of the places delimited in the third column of the said First Schedule opposite the name in the said second column of any such street shall be a parking place both in the day-time and in the night-time.

(2) Where a parking place delimited in the third column of the First Schedule to these bye-laws includes a street junction at which a street enters the street containing such parking place on the side thereof on which such parking place is situate, the space between the prolongation into such parking place of the building lines on each side of such entering street together with the further space of fifteen feet on either side of the space aforesaid shall be deemed to be excluded from such parking place.

5. (1) For the purpose of these bye-laws a vehicle shall not be deemed to be parked in a parking place unless the whole of such vehicle is within the limits of such parking place as stated in the third column of the First Schedule to these bye-laws and, in particular, no part of such vehicle projects into a space at a street junction which is deemed by these bye-laws to be excluded from such parking place.

(2) Every vehicle parked in a parking place shall be placed in the position specified in the fourth column of the First Schedule to these bye-laws opposite the mention of such parking place in the third column of that Schedule, and no vehicle shall be deemed for the purposes of these bye-laws to be parked in such parking place unless it is placed therein in the said position so specified.

6. The following provisions shall apply to the parking of vehicles in parking places mentioned in the First Schedule to these bye-laws, that is to say :--

(a) no vehicle shall be parked in any such parking place for a continuous period ending in the day-time (whether it begins in the day-time or the night-time) which exceeds the period stated in the fifth column of the First Schedule to these bye-laws opposite the mention of such parking place in the third column of the said First Schedule ;

(b) no vehicle shall be parked in any such parking place for a continuous period ending in the night-time (whether it begins in the night-time or the day-time) which exceeds the period stated in the sixth column of the First Schedule to these bye-laws opposite the mention of such parking place in the third column of the said First Schedule ;

(c) a vehicle which has been parked in and removed from any such parking place shall not be again parked in that parking place within one hour after it was so removed therefrom.

7. The following provisions shall apply to the parking of vehicles in a parking place mentioned in the First Schedule to these bye-laws, that is to say :--

(a) no vehicle shall be so placed in any such parking place that any part of such vehicle or any attachment to such vehicle projects over the footway (if any) against or parallel to which it is so placed ;

(b) so soon as a vehicle has been duly placed in any such parking place, the driver of such vehicle shall stop the engine of such vehicle, and neither such driver nor any other person shall, while such vehicle is in such parking place, start or run such engine except for the purpose of removing such vehicle from or changing its position in such parking place ;

(c) no person shall overhaul or execute repairs to a vehicle while it is parked in any such parking place, except such repairs as may be necessary to enable such vehicle to be removed from such parking place ;

(d) neither the driver of nor any passenger in a vehicle which is parked in any such parking place shall make any unnecessary noise by means of or in relation to such vehicle, or the engine or any fitting thereof ;

(e) the driver of a vehicle which is parked in or being brought into or removed from any such parking place shall comply with every (if any) authorised sign placed at such parking place in regard to the user thereof, and with all directions given to him by a member of the Garda Síochána in relation to the parking of such vehicle in such parking place, or the bringing it into, or removing it from such parking place.

8. (1) Notwithstanding anything contained in this Part of these bye-laws--

(a) a member of the Garda Síochána not below the rank of Inspector may, on the occasion of any public procession or any other event which is likely to cause an unusual concourse of persons at or in the vicinity of a particular parking place, or for any other reason applicable to a particular parking place, and appearing to him to be good and sufficient, prohibit the parking of vehicles in such parking place during such period as shall, in his opinion, be necessary for such reason ; and

(b) any member of the Garda Síochána on duty at or in the vicinity of a parking place mentioned in the First Schedule to these bye-laws may, whenever he thinks proper so to do because of a fire, flood, accident or other emergency, prohibit the parking of vehicles in such parking place.

(2) Whenever a member of the Garda Síochána in exercise of a power conferred on him by this bye-law, prohibits the parking of vehicles in a parking place, such member may remove or cause to be removed from such parking place every vehicle which is in such parking place at the commencement of such prohibition, or enters such parking place in contravention of such prohibition, and such member may so remove such vehicle or cause it to be removed, whether there is or is not any person present in charge of such vehicle.

9. No vehicle shall be parked in a parking place mentioned in the First Schedule to these bye-laws for the purpose of the display of any advertisement by means of such vehicle, the sale of any goods in or from such vehicle, the offering of such vehicle for sale or hire, or for any other purpose save being parked for the convenience of the driver, owner or other person in charge thereof.

10. Nothing in these bye-laws shall prevent a vehicle being brought into or kept stationary in a parking place for the purpose of taking up or setting down passengers coming from or going to premises fronting such parking place or loading or unloading goods from or into any such premises.

PART III. WAITING ELSEWHERE THAN IN PARKING PLACES.

11. (1) No person shall keep a vehicle waiting in the day-time in any street (or portion of a street) mentioned in the second column of the Second Schedule to these bye-laws for a continuous period exceeding one hour on the side or sides of the street mentioned in respect of such street or portion of such street in the third column of the said Second Schedule opposite the mention of such street or portion of such street in the said second column.

(2) No person shall keep a vehicle waiting at any time for any period in any street or portion of a street mentioned in the second column of the Third Schedule to these bye-laws on the side or sides of the street or portion of such street mentioned in respect of such street in the third column of the said Third Schedule opposite the mention of such street or portion of such street in the said second column.

12. The following provisions shall apply to the keeping of vehicles waiting in streets in the urban district of Mallow at places in those streets which are neither parking places nor places at which such waiting is for the time being prohibited by this Part of these bye-laws, that is to say :--

(a) no person shall keep a vehicle waiting in any street at a place in respect of which there is an authorised sign prohibiting the keeping of vehicles waiting at such places ;

(b) no person shall keep a vehicle waiting in any street at a place which is an appointed stand or appointed stopping place for large public service vehicles, or an appointed standing for street service vehicles ;

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

(d) no person shall keep a vehicle waiting at or near a street junction in such a position that such vehicle or any part thereof is inside, or within thirty feet on either side from, the space between the prolongation into the street in which such vehicle is waiting of the building lines on each side of any street entering such first mentioned street on the side thereof on which such vehicle is waiting ;

(e) no person shall keep a vehicle waiting in any street in such place, position or manner that there is not sufficient space between such vehicle and one side of such street, or between such vehicle and any stationary vehicle or other object on the opposite side of such street for the free movement of the normal flow of vehicular traffic through such street ;

(f) the driver, owner or other person in charge of a vehicle waiting in a street shall comply immediately with all directions given to him by a member of the Garda Síochána in relation to the keeping of such vehicle waiting at such place, or the removal of such vehicle from such place.

13. (1) This bye-law applies to every place in any street in the urban district of Mallow which is neither a parking place nor a place in which the keeping of vehicles waiting is for the time being prohibited by this Part of these bye-laws.

(2) A member of the Garda Síochána not below the rank of Inspector may, on the occasion of any public procession or any other event which is likely to cause an unusual concourse of persons at a place to which this bye-law applies, or for any other reason applicable to a particular place to which this bye-law applies, and appearing to him to be good and sufficient, prohibit during such period as shall, in his opinion, be necessary for such reason the keeping of vehicles waiting in such place.

(3) A member of the Garda Síochána on duty at a place to which this bye-law applies may, whenever he thinks proper so to do because of a fire, flood, accident or other emergency, prohibit the keeping of vehicles waiting in such place.

(4) Whenever a member of the Garda Síochána in exercise of a power conferred on him by this bye-law prohibits the keeping of vehicles waiting in a place to which this bye-law applies, such member may remove or cause to be removed from such place every vehicle which is waiting in such place at the commencement of such prohibition or is kept waiting in such place in contravention of such prohibition, and such member may so remove such vehicle or cause it to be removed, whether there is or is not any person present in charge of such vehicle.

14. The provisions contained in this Part of these bye-laws shall be construed and shall operate as restrictions on the keeping or leaving of vehicles stationary in the streets in the urban district of Mallow additional to and not in substitution for any restriction, limitation or prohibition of such keeping or leaving for the time being existing by law, and nothing in these bye-laws shall be construed or operate to create or confer any right to keep or leave a vehicle stationary in any such street.

FIRST SCHEDULE

PARKING PLACES AVAILABLE DAY AND NIGHT

SECOND SCHEDULE.

STREETS OR PORTIONS OF STREETS IN WHICH WAITING FOR MORE THAN ONE HOUR IS PROHIBITED DURING THE DAY-TIME

THIRD SCHEDULE

STREETS OR PORTIONS OF STREETS IN WHICH WAITING IS PROHIBITED AT ALL TIMES

GIVEN under my hand this 29th day of April, 1950.

(Signed) MICHAEL J. KINNANE,

Commissioner of the Garda Síochána.

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WHEREAS in pursuance of section 8 of the Road Traffic Act, 1933 (No. 11 of 1933), the Commissioner has submitted the foregoing bye-laws to the Minister for Local Government ; AND WHEREAS the provisions of subsections (1) and (5) of the said section 8 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 150 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 twenty-second day of June, One Thousand Nine Hundred and Fifty.

(Signed) MICHAEL J. KEYES,

Minister for Local Government.