Road Traffic Act 1961

F126 [ Parking vehicle in dangerous position.

55

55. (1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction

( a ) in the case of

(i) a first offence, where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or

(ii) a second or any subsequent offence, to a class B fine or to imprisonment for a term not exceeding one month or to both,

and

( b ) in any other case, to a class C fine.

(3) Where a member of the Garda S í och á na is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant. ]

Annotations

Amendments:

F126

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), S.I. No. 542 of 2011.

Editorial Notes:

E586

Prospective affecting provision: penalty points in respect of parking vehicle in dangerous position under section imposed, on conviction, by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 11, not commenced as of date of revision.

E587

Offence under section designated fixed charge offence for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b) and sch. 2 part 1, in effect as per reg. 2.

E588

Offence under section declared to be a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(a)(ii).

E589

Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.

E590

A class B fine is defined (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5, S.I. No. 662 of 2010, as not greater than €4,000 but greater than €2,500.

A class C fine is defined (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6, S.I. No. 662 of 2010, as not greater than €2,500 but greater than €1,000.

E591

Previous affecting provision: section substituted by Road Traffic Act 2010 (25/2010), s. 69, not commenced; repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), ss. 4(2)(e), S.I. No. 542 of 2011.

E592

Previous affecting provision: fines in subs. (2)(a), (b) increased (2.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table pt. 1, ref. nos. 15 and 16, S.I. No. 86 of 2007; section substituted as per F-note above.

E593

Previous affecting provision: fine in subs. (2)(a), (b) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 16, 17, S.I. No. 491 of 2002; section amended as per E-note above.

E594

Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002, as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005. S. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10), S.I. No. 255 of 2011.

E595

Previous affecting provision: fines in subs. (2)(a), (b) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 14, 20, commenced on enactment. Fines increased as per E-note above.

E596

Previous affecting provision: subs. (1) substituted and subs. (4) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 52, S.I. No. 169 of 1968; section substituted as per F-note above.