Road Traffic Act 1994

F39 [ Bye-laws for restriction on parking specified events.

36A

36A. (1) A road authority may, in respect of a specified event or events (such as a sporting or entertainment event) at a specified venue or venues, in the interests of safety of road users and preventing traffic congestion, make bye-laws in accordance with this section for the purpose of prohibiting or restricting the parking of mechanically propelled vehicles on all public roads in specified areas or on a specified public road in its functional area.

(2) Bye-laws made under this section shall specify

( a ) the event and venue to which the bye-laws apply,

( b ) the nature and description of the event,

( c ) the public road or area to which the prohibition or restriction applies,

( d ) whether a prohibition or restriction on parking applies,

( e ) the period of the prohibition or restriction on parking, and

( f ) the mechanically propelled vehicles, or classes of such vehicles, to which an exemption from the prohibition or restriction is to apply.

(3) Where it is proposed to exempt mechanically propelled vehicles from the application of bye-laws made under this section in accordance with subsection (2)(f) , the bye-laws shall specify

( a ) the persons who may acquire the exemption,

( b ) the conditions, if any, to be applied in respect of the exemption,

( c ) the means of identification of mechanically propelled vehicles that are to be subject to the exemption,

( d ) the manner of keeping or display of the means of identification on the vehicle, and

( e) the fee, if any, payable to the road authority concerned in respect of the exemption.

(4) Where bye-laws made under this section provide for an exemption to the prohibition or restriction to be imposed, the road authority shall provide, on application, the means of identification referred to in subsection (3)(c) to a person who may acquire the exemption.

(5) Different bye-laws may be made under this section

( a ) in respect of different areas within the functional area of a road authority,

( b ) in respect of different classes of vehicles,

( c ) for different circumstances, and

( d ) in respect of different periods of time.

(6) Where a road authority makes bye-laws under this section it shall provide a regulatory traffic sign specified in regulations made under section 95(2) of the Principal Act to indicate the application of the bye-laws.

(7) The traffic sign referred to in subsection (6) shall

( a ) be provided on the road or on all roads at the entrance to an area to which the bye-laws apply, and

( b ) in advance of the operation of the bye-laws, be accompanied by an information plate indicating details regarding the date or day and period of the operation of the bye-laws.

(8) Before making bye-laws under this section, a road authority shall

( a ) consult with the Commissioner of the Garda S í och á na,

( b ) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate and, where the road authority considers the event to which the bye-laws relate is of national importance, in one or more newspapers published in and are circulating in the State

(i) indicating that it is proposed to make bye-laws under this section,

(ii) indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the draft bye-laws may be inspected,

(iii) stating that representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than 2 weeks after the end of the period for inspection), and

(iv) stating that a copy of the draft bye-laws may be purchased on payment of a fee, if any, not exceeding the reasonable cost of making such copies,

and

( c ) before deciding whether to make the bye-laws and determining their content, consider any observations made to them by the Commissioner or any representations made to them under paragraph (b)(iii) .

(9) The making of bye-laws under this section and the consideration of observations or representations under subsection (8)(c) is a reserved function.

(10) As soon as may be after the making of bye-laws by a road authority under this section, notice of their making and of the place where copies of them may be purchased, obtained or inspected shall be published by the road authority in

( a ) the Iris Oifigi ú il ,

( b ) one or more newspapers circulating in the area to which the bye-laws relate, and

( c ) where the road authority considers the event to which the bye-laws relate is of national importance, one or more newspapers published in and circulating in the State.

(11) Where a mechanically propelled vehicle, not exempted under bye-laws made under this section, is parked on a public road at a time immediately in advance of the coming into operation of bye-laws made under this section applying to the road, the vehicle must be removed from that road before the commencement of the operation of the bye-laws as indicated by the traffic sign referred to in subsection (7) .

(12) ( a ) A person who contravenes a bye-law made under this section or who does not comply with subsection (11) is guilty of an offence.

( b ) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under this section or a failure to comply with subsection (11) , each of the following persons is guilty of an offence

(i) the registered owner of the vehicle,

(ii) 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

(iii) 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.

(13) Where a person charged with an offence under subsection (12) is

( a ) the registered owner of the vehicle concerned, it is 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) such use was unauthorised, or

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

or

( b ) a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it is a defence for him or her to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(14) Any fees paid under this section shall be disposed of in such manner as the road authority concerned may by resolution determine. ]

Annotations:

Amendments:

F39

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(1), commenced on enactment.

Modifications (not altering text):

C35

Prospective affecting provision: application of requirements in bye-laws made under section restricted by Vehicle Clamping Act 2015 (13/2015), s. 33(1), to be commenced (1.10.2017) by S.I. No. 211 of 2017.

Exemptions from certain provisions of Road Traffic Acts 1961 to 2014 for clamping operations

33. (1) Requirements under regulations made under section 35 or bye-laws made under section 36 or 36A of the Road Traffic Act 1994 relating to the parking of a vehicle or the entry of a vehicle to a road do not apply to a vehicle being used by a clamping operator or under the direction of a clamping operator in the course of clamping activities in respect of unlawful parking in a public place, where such use does not endanger the safety of or impede road users.

...

C36

Application of section not subjected to rule on production of driving licence to court in certain circumstances (28.10.2011) by Road Traffic Act 2002 (12/2002), s. 22, as substituted by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

Production of driving licence to court.

[22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—

...

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge—

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced. ]

Editorial Notes:

E90

Sign specified for parking restrictions under section (1.10.2012) by Road Traffic (Signs) (Amendment) Regulations 2012 (S.I. No. 331 of 2012), reg. 16 and sch. 2 pt. 2.