101.—(1) In this section—

“local authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;

“car park” means a place (not being part of a public road) for the parking of mechanically propelled vehicles.

(2) A local authority may provide such one or more car parks (and access thereto) as they consider desirable in order to relieve or prevent traffic congestion.

(3) A local authority may, with the consent of the Minister, assist any person providing a car park, and the assistance may consist either of a contribution of money or the execution of works or the grant or lease of land.

(4) F274[…]

(5) F274[…]

(6) Subsection (2) of this section shall be construed as conferring on a local authority—

(a) power, subject to the consent of the Minister, to erect a building used wholly or mainly for parking mechanically propelled vehicles,

(b) power, subject to the consent of the Minister, to erect waiting rooms, cloak rooms F275[, petrol stations, shops] and similar facilities for any car park provided by them,

(c) power to adapt land for use as a car park.

(7) A local authority may make bye-laws as to the use of any car park provided by them under this section, and, in particular, in relation to all or any of the following matters:

(a) restricting the classes of vehicles which may be admitted to the car park;

(b) specifying the charges to be made for the use of the car park;

(c) specifying the periods for which vehicles may remain in the car park.

F275[(d) specifying the conditions subject to which vehicles may use the car park.]

F275[(7A) A person who contravenes a bye-law under subsection (7) of this section shall be guilty of an offence.]

F276[(7B) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under subsection (7) of this section, each of the following persons shall be guilty of an offence—

(a) the registered owner of the vehicle,

(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.

(7C) (a) Where a person charged with an offence under subsection (7B) (inserted by the Road Traffic Act, 1994) of this section is the registered owner of the vehicle concerned, it shall be a defence for him 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.

(b) Where a person charged with an offence under subsection (7B) (as so inserted) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.]

(8) F277[…]

(9) Where a local authority become of opinion that the land used for a car park provided by them under this section should be used for a different purpose for which they may lawfully use land, the local authority may terminate the use of the land for a car park.

(10) A local authority who have provided under this section a car park may, with the consent of the Minister, sell or lease the car park or any part thereof F275[or any facilities provided for the car park under subsection (6) of this section] to any person subject to such conditions as they think proper.

(11) The Minister may, with the consent of the Minister for Finance, F278[make grants from moneys provided by the Oireachtas] towards the expenses incurred under this section by a local authority.

F275[(12) The Minister may, with the consent of the Minister for Finance and on such terms and conditions as to repayment as that Minister thinks proper, make loans from the Road Fund towards the expenses incurred under this section by a local authority.

(13) The operation of a car park (including the operation of facilities therefor) on or in property leased by a local authority shall be deemed not to be a business within the meaning of the Landlord and Tenant Acts, 1931 to 1967.]