WHEREAS it is enacted by sub-section (1) of section 150 of the Road Traffic Act, 1933 (No. 11 of 1933), that the Commissioner of the Gárda Síochána may, with the consent of the Minister for Local Government and Public Health and after consultation with the Local Authority concerned, make in respect of any specified area bye-laws for all or any of the purposes mentioned in that sub-section in relation to the keeping or leaving of mechanically propelled vehicles stationary in public places :

AND WHEREAS the Commissioner of the Gárda Síochána has, before making the bye-laws hereinafter set forth, consulted with the Mayor, Aldermen and Burgesses of the Borough of Kilkenny in regard thereto :

NOW, I, MÍCHEÁL Ó CUINNEÁIN, Commissioner of the Gárda Síochána, in exercise of the powers conferred on me by sub-section (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 and Public Health testified by his official seal affixed hereto, make the following bye-laws in respect of the area known as the Borough of Kilkenny, that is to say :—

PART I. PRELIMINARY AND GENERAL.

Short title.

1. These bye-laws may be cited as the Kilkenny Traffic (Parking and Waiting) Bye-Laws, 1941.

Interpretation.

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

Definitions.

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 8.30 a.m. on any day and ending at 6.30 p.m. on the same day ;

the word " night-time " means the period beginning at 6.30 p.m. on any day and ending at 8.30 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 the Commissioner of the Gárda Síochána on such roadway or on the 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 Borough of Kilkenny, which is known (whether by official naming or 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.

Appointment of 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 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.

Position of vehicles in parking places.

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 purpose of these bye-laws to be parked in such parking place unless it is placed therein in the said position so specified.

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

6.—(1) 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 in the day-time (whether it begins in the day-time or in 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 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 such parking place shall not be again parked in that parking place within one hour after it was so removed therefrom.

General provisions relating to parking in parking places.

7. The following provisions shall apply to the parking of a vehicle 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 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 in such parking place in regard to the user thereof and with all directions given to him by a member of the Gárda 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.

Power to close a parking place in an emergency.

8.—(1) Notwithstanding anything contained in this part of these bye-laws :—

(a) a member of the Gárda 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 Gárda 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 Gárda 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.

Restrictions on the admission of vehicles to parking places.

9.—(1) No vehicle bearing a trade plate in lieu of or in addition to a registration number plate shall be parked in a parking place mentioned in the First Schedule to these bye-laws.

(2) 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 for hire, or for any other purpose save being parked for the convenience of the driver, owner or other person in charge thereof.

(3) None of the following vehicles shall be parked in a parking-place mentioned in the First Schedule to these bye-laws, that is to say :—

(a) a heavy motor vehicle ;

(b) a locomotive ;

(c) a motor cycle or light motor vehicle which is designed and constructed or is ordinarily used for the carriage of goods for the purpose of trade or commerce.

Saving for vehicles loading or unloading.

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.

Restrictions on vehicles waiting in streets.

11.—(1) No person shall keep a vehicle waiting in the night-time in any street in the Borough of Kilkenny for a continuous period exceeding six hours.

(2) No person shall keep a vehicle waiting in the day-time in any street or part of a street mentioned in the second and third columns of the Second Schedule to these bye-laws for a continuous period exceeding 30 minutes.

(3) No person shall keep a vehicle waiting in the day-time for any period in any street or part of a street mentioned in the second column of the Third Schedule to these bye-laws, save that, where one side only of such street is mentioned in the third column of the said Third Schedule opposite the mention of such street in the said second column, the said prohibition shall apply only to the side so mentioned of such street or part of a street.

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

12. The following provisions shall apply to the keeping of vehicles waiting in streets in the Borough of Kilkenny 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 place in respect of which there is an authorised sign prohibiting the keeping of vehicles at such place ;

(b) no person shall keep a vehicle waiting in any street at a place which is an appointed standing or appointed stopping place for large public service vehicles or an appointed stand 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 exit from a fire brigade station maintained by the 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 fifteen feet on either side from the space between the prolongation into the street in which such vehicle is waiting of the building on each side of a 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 Gárda Síochána in relation to the keeping of such vehicle waiting at such place or the removal of such vehicle from such place.

Power to prohibit waiting in particular places in an emergency.

13.—(1) This bye-law applies to every place in any street in the Borough of Kilkenny 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 Gárda 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) Any member of the Gárda Síochána on duty at a place to which this bye-law applies may, whenever he thinks proper so to do because of fire, flood, accident, or other emergency, prohibit the keeping of vehicles waiting in such place.

(4) Whenever a member of the Gárda Síochána, in exercise of the 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.

Saving in respect of this part of these bye-laws.

14.—(1) 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 streets in the Borough of Kilkenny 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.

Given under my hand this 13th day of August, 1940.

(Signed) MÍCHEÁL Ó CUINNEÁIN,

Commissioner of the Gárda Síochána.

WHEREAS in pursuance of section 8 of the Road Traffic Act, 1933 , the Commissioner has submitted the foregoing bye-laws to the Minister for Local Government and Public Health ; AND WHEREAS the provisions of sub-sections (1) and (5) of section 8 have been complied with in relation to the said bye-laws ; NOW, THEREFORE, the Minister for Local Government and Public Health 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 and Public Health this 7th day of June, One thousand nine hundred and forty-one.

(Signed) PATRICK RUTTLEDGE,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

PARKING PLACES AVAILABLE DAY AND NIGHT.

				Maximum Period of Parking
No.	Name of Street	Limits of Parking Places	Position of Vehicles in Parking Places	Day	Night
1	2	3	4	5	6
				Hours	Hours
(1)	The Parade.	From opposite the Y.M.C.A. Hall to the Southern end of the wall of the Ossory Castle gardens on the Castle Road, West side.	With rear to kerb.	Four.	Six.
(2)	Parliament Street.	Frontage space of the Courthouse, i.e., between the iron entrance gates at at either end, on West side.	In single line with kerb and parallel thereto, facing towards the South.	Four.	Six.
(3)	Canal Square.	Within confines of Canal Square.	On East and West sides of the Square, front to kerb.	Four.	Six.

SECOND SCHEDULE.

STREETS IN WHICH WAITING FOR MORE THAN THIRTY MINUTES IN THE DAY-TIME IS PROHIBITED.

No.	Name of Street	Part or side of Street
1	2	3
1	John Street from junction with Michael Street to Railway Cross.	South side.
2	Patrick Street from opposite Bank of Ireland to opposite No. 7.	South side.
3	Parliament Street from opposite No. 8 to opposite No. 18.	West side.
4	High Street from opposite Ulster Bank to opposite No. 46.	West side.

THIRD SCHEDULE.

STREETS IN WHICH WAITING IS WHOLLY PROHIBITED IN THE DAY-TIME.

No.	Name of Street	Side or Sides on which Waiting is Prohibited
1	2	3
1	Rose Inn Street.	South side.
2	High Street from the junction with the Parade to opposite the Ulster Bank.	West side.
3	High Street from the junction with Parliament Street and St. Kieran Street to the E.S.B. Standard No. 128 at junction with James's Street.	West side.
4	Parliament Street from opposite No. 37 to Watergate Street.	West side.
5	Watergate Street.	Both sides.
6	Patrick Street from opposite No. 8 to opposite No. 12.	South side.
7	John Street from John's Bridge to the E.S.B. Standard No. 325.	Both sides.
8	James's Street from the junction with Parliament Street to opposite No. 5.	Both sides.
9	The Parade on West side from the Bank of Ireland Corner to the Southern end of the Customs and Excise building.	West side.

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Irish Statutory Instruments

S.I. No. 322/1941 -- Kilkenny Traffic (Parking and Waiting) Bye-Laws, 1941.