S.I. No. 159/1963:

MALLOW PARKING BYE-LAWS, 1963.

MALLOW PARKING BYE-LAWS, 1963.

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, DANIEL COSTIGAN, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by section 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 urban district of Mallow:

1. These bye-laws may be cited as the Mallow Parking Bye-Laws, 1963.

2. 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, and in respect of which there is a traffic sign indicating that it is a cycle track;

"even date" means a day of which the number in the month is an even number;

"holiday" means any of the following days--

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

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;

"lighting-up hours" has the meaning assigned to it by regulations under section 11 of the Act and, pending the making of such regulations, the meaning assigned to it by the Road Traffic Act, 1933 (No. 11 of 1933);

"limited trade plate" means a plate issued under article 24 of the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 );

"odd date" means a day of which the number in the month is an odd number;

"pedestrian crossing" means a crossing for pedestrians on a roadway, which is indicated by means of traffic signs as prescribed 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 prescribed by article 14 of the Road Traffic (Signs) Regulations, 1962;

"the relevant hours" means the period from 8.30 a.m. to 6.30 p.m. on any weekday;

"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 lights" means any of the types of mechanical signals prescribed by article 13 of the Road Traffic (Signs) Regulations, 1962;

"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;

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. The Mallow Traffic (Parking and Waiting) Bye-Laws, 1950 ( S.I. No. 168 of 1950 ), are hereby revoked.

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, the following spaces shall be deemed to be excluded from the parking place--

(i) where traffic signs marking traffic lanes are provided on the roadway of the street containing the parking place at an approach to the street junction, the street junction and a space extending from that point of any such traffic sign furthest from the street junction to the street junction,

(ii) where traffic signs marking traffic lanes are not provided on the roadway of the street containing the parking place at an approach to the street junction, the street junction and a space extending thirty feet from 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.

(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 which is not mechanically propelled,

(ii) any vehicle drawing another vehicle,

(iii) a vehicle intended or adapted primarily for any purpose other than the carriage of passengers,

(iv) a vehicle bearing a limited trade plate,

(v) a vehicle having seating passenger accommodation for more than eight persons exclusive of the driver,

(vi) a bicycle used without a side-car;

(b) no vehicle shall be parked in a parking place during the relevant hours for a continuous period exceeding nine hours;

(c) 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;

(d) 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 pedal cycle) 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 used 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 mechanically propelled bicycle which 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) during lighting-up hours, a mechanically propelled vehicle parked parallel to the kerb shall face in the direction in which traffic on the side of the street on which the vehicle is parked is required to proceed;

(f) 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;

(iii) if traffic lights are provided which do not involve the use of road detector pads, the space within one hundred and twenty feet of the traffic lights;

(iv) if traffic lights are provided which involve the use of road detector pads, the space between the road detector pads and the traffic lights and the further space for a distance of twenty feet beginning on that side of the road detector pads furthest away from the traffic 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;

(g) the parking places opposite the mention of which in column (4) of the said Schedule the words "even date" appear shall be parking places on even dates only;

(h) the parking places opposite the mention of which in column (4) of the said Schedule the words "odd dates" appear shall be parking places on odd dates only.

(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 used for the sale of goods in or from the vehicle or as an office, nor shall any such vehicle 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) it shall be a good defence to a charge of contravention of clause (i) of this subparagraph to show that while parked or within a reasonable time before the parking the vehicle had been damaged in an accident or had had a breakdown and that 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, fittings 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 any traffic 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. (1) No person shall park a vehicle (other than a pedal bicycle) for any period during the relevant hours in any portion of a street referred to in column (3) of the Third Schedule to these bye-laws.

(2) (a) On even dates paragraph (1) of this bye-law shall apply to the portion, only, of a street opposite the mention of which there appears in column (4) of Part 2 of the said Schedule the words "even dates".

(b) On odd dates paragraph (1) of this bye-law shall apply to the portion, only, of a street opposite the mention of which there appear in column (4) of Part 2 of the said Schedule the words "odd dates".

(3) Notwithstanding paragraph (1) of this bye-law a vehicle may be parked in any portion of a street referred to in column (3) 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. (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 vicinity 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 portion of that street shall be deemed to be included in 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 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 portion of a street as if it were included in 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.

7. (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 at a place which is an appointed stand for street service vehicles;

(b) 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;

(c) no person shall park a vehicle (other than a pedal bicycle) at or near a street junction in such a position that the vehicle or any part of it is--

(i) where traffic signs marking traffic lanes are provided on the roadway of the street at an approach to the street junction--on the street junction or a space extending from that point of any such traffic sign furthest from the street junction to the street junction, or

(ii) where traffic signs marking traffic lanes are not provided on the roadway of the street at an approach to the street junction--on the street junction or a space extending thirty feet from the street junction;

(d) 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;

(e) where a vehicle is parked on the roadway--

(i) in the case of a bicycle used without a side-car it shall, where it does not project more than eighteen inches over the edge of the roadway, be parked parallel to the edge of the roadway,

(ii) in the case of a bicycle used without a side-car it shall, where it projects more than eighteen inches over the roadway, be parked with its rear or front to the edge of the roadway,

(iii) in any case not provided for in clause (i) or (ii) of this subparagraph a vehicle shall be parked not more than eighteen inches from the edge of the roadway and (save where it is necessary to park it in a different position 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) it shall be parallel to the edge of the roadway;

(iv) a mechanically propelled vehicle parked parallel to the kerb shall, during lighting-up hours, face in the direction in which traffic on the side of the street in which the vehicle is parked is required to proceed;

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

(g) subject to subparagraph (f) of this paragraph, no vehicle shall be parked so that--

(i) it rests wholly or partly on a footway, or

(ii) portion of the vehicle projects over the footway so as to interfere with the free movement of pedestrians on the footway.

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

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

(j) where pedestrian lights are provided, no person shall park a vehicle (other than a pedal bicycle) within thirty feet of the pedestrian lights;

(k) where traffic lights are provided which do not involve the use of road detector pads, no person shall park a vehicle (other than a pedal bicycle) within one hundred and twenty feet of the traffic lights;

(l) where traffic lights are provided which involve the use of road detector pads, no person shall park a vehicle (other than a pedal bicycle) between the road detector pads and the traffic lights or for a further distance of twenty feet beginning on that side of the road detector pads furthest away from the traffic lights;

(m) 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 or animal-drawn vehicles;

(n) a person shall not park a vehicle (other than a pedal bicycle) 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 prescribed by Article 12 of the Road Traffic (Signs) Regulations, 1962;

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

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

(q) 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;

(r) 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.

(2) The restrictions on parking imposed by subparagraphs (i) and (j) 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.

(3) The restrictions on parking imposed by subparagraphs (k) and (l) of paragraph (1) of this bye-law shall not apply, except within thirty feet of a street junction, to prohibit the parking of a vehicle 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.

(4) The restrictions on parking imposed by subparagraphs (c) and (i) to (l) of paragraph (1) of this bye-law shall not apply to the parking of a vehicle in a road inset.

(5) The restriction on parking within thirty feet of a street junction imposed by subparagraph (c) of paragraph (1) of this bye-law shall not apply to the parking of a vehicle on a service road.

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

(7) It shall be a good defence to a charge of contravention of subparagraph (p) of paragraph (1) of this bye-law to show that while parked or within a reasonable time before the parking the vehicle had been damaged in an accident or had had a breakdown and that in order to enable the vehicle to be moved from the public road it was necessary to carry out the repairs.

8. For the purposes 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.

9. (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 7 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 NINE HOURS.

SECOND SCHEDULE.

PARKING PLACES WHERE PARKING IS LIMITED TO ONE HOUR ON ALTERNATE WEEKDAYS.

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 1--ALL WEEKDAYS.

PART 2--ALTERNATE WEEKDAYS.

GIVEN under my hand this 23rd day of May, 1963.

(Signed) D. COSTIGAN,

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 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 tenth day of August, 1963.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

(1) These Bye-Laws revoke Mallow Traffic (Parking and Waiting) Bye-Laws, 1950 ( S.I. No. 168 of 1950 ).

(2) The First Schedule delimits parking places where vehicles may be parked for nine hours during the relevant hours (8.30 a.m. to 6.30 p.m. on weekdays).

(3) The Second Schedule delimits parking places where the parking of vehicles is limited to one hour during the relevant hours (8.30 a.m. to 6.30 p.m. on weekdays) on alternate days.

(4) Part 1 of Third Schedule delimits portions of streets in which parking of vehicles (other than pedal bicycles) is prohibited during the relevant hours (i.e. from 8.30 a.m. to 6.30 p.m. on weekdays) except while taking up or setting down passengers or loading or unloading goods.

Part 2 of this Schedule delimits portions of streets in which parking of vehicles (other than pedal bicycles) is prohibited during the relevant hours (i.e. from 8.30 a.m. to 6.30 p.m. on weekdays) on the dates mentioned in column (4) of this part of the Schedule except while taking up or setting down passengers or loading or unloading goods.