No. 323/1941:

KILKENNY LARGE PUBLIC SERVICE VEHICLES BYE-LAWS, 1941.

KILKENNY LARGE PUBLIC SERVICE VEHICLES BYE-LAWS, 1941.

ARRANGEMENT OF BYE-LAWS.

Bye-Law.

PART I.

PRELIMINARY.

1. Short title.

2. Interpretation.

3. Definitions.

PART II.

APPOINTED STOPPING PLACES.

4. Appointed stopping places.

5. Temporary alteration of appointed stopping places.

PART III.

GENERAL.

6. Control of public at appointed stands and appointed stopping places.

SCHEDULE—Appointed Stopping Places.

WHEREAS it is enacted by sub-section (1) of section 118 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 subsection :

AND WHEREAS the Commissioner of the Gárda Síochána has, before making the bye-laws hereinafter set forth, consulted 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 118 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.

1.—These bye-laws may be cited as the Kilkenny Large Public Service Vehicles Bye-Laws, 1941.

2.—The Interpretation Act, 1937 (No. 38 of 1937), applies to these bye-laws.

3.—(1) In these bye-laws—

the expression " the Commissioner " means the Commissioner of the Gárda Síochána ;

the expression " the Act " means the Road Traffic Act. 1933 (No. 11 of 1933) ;

the expression " appointed stopping place " means a place which is, by virtue of these bye-laws, an appointed stopping place for large public service vehicles, that is to say, a point at which such vehicles may stop for the purpose of taking up or setting down passengers within the meaning and for the purposes of paragraph (j) of sub-section (1) of section 118 of the Act ;

the word " stop " means to bring to a stand-still and does not mean or include to keep stationary, and the word " stopped " and " stopping " shall be construed accordingly.

PART II. APPOINTED STOPPING PLACES.

4.—(1) At each of the several places mentioned in the third or the fifth column of the Schedule to these bye-laws opposite the mention of a street or road in the first column of the said Schedule the space hereinafter mentioned at such place (whether such place is or is not demarcated by the council charged with the maintenance of such street or road by means of painted or studded lines) shall be an appointed stopping place, that is to say, the space situate on the side of such street or road indicated in that behalf in such third or fifth column (as the case may be), and adjoining the footway or edge thereof and extending in length along such footway or edge for forty feet on each side of such place and in breadth throughout ten feet outwards from such edge of footway.

(2) Every appointed stopping place in any street or road shall be an appointed stopping place only on that side of such street or road which is indicated in that behalf in the third column (as the case may be) of the Schedule to these bye-laws.

(3) A large public service vehicle proceeding along a street or road mentioned in the first column of the Schedule to these bye-laws may be stopped for the purpose of taking up or setting down passengers at any appointed stopping place on that side of such street or road which is to the left of the driver of such vehicle, and shall not be stopped for any of the said purposes at any other place in such street or road.

(4) A large public service vehicle which is lawfully stopped at an appointed stopping place, for the purpose of taking up or of setting down or of both taking up and setting down passengers shall not, without reasonable cause, be kept stationary at such appointed stopping place for any longer than is necessary for such purpose.

(5) Every large public service vehicle which is stopped in an appointed stopping place shall be stopped on the side of the roadway which is to the left of the driver of such vehicle.

(6) A large public service vehicle shall not be stopped for the purpose of taking up or setting down or of both taking up and setting down passengers in a street or road which is not mentioned in the first column of the Schedule to these bye-laws.

5.—(1) Whenever the Commissioner is of opinion that, owing to street repairs, a public procession, a special concourse or diversion of traffic, or any other reason, an appointed stopping place is temporarily unsuitable for use as a stopping place for large public service vehicles, the Commissioner may, by notice in writing to the owner or owners of the large public service vehicles for the use of which such appointed stopping place is appointed by these bye-laws, appoint another place to be used by such vehicles as a stopping place instead of such appointed stopping place.

(2) Whenever the Commissioner, by notice under this bye-law, appoints another place to be used as a stopping place instead of an appointed stopping place, such appointment shall, as long as such notice continues in force, have effect as if it were an amendment of the Schedule to these bye-laws, and these bye-laws shall apply and have effect accordingly.

(3) Every notice given by the Commissioner under this bye-law shall contain a statement of the time during which such notice will continue in force, and every such notice shall continue in force for the time so stated, but the Commissioner may, by notice similarly given before the expiration of the said time, extend or reduce the said time.

PART III. GENERAL.

6.—Persons alighting or who have alighted from a large public service vehicle at an appointed stopping place, and persons waiting at or in the vicinity of an appointed stopping place and for transport in a large public service vehicle shall behave in an orderly manner and shall comply with all directions (including in the case of persons waiting aforesaid, a direction to form a queue) given by a member of the Gárda Síochána on duty at such place, or by an official in the employment of the owner of such vehicle acting within the scope of his employment.

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

(Signed) MICHEÁL Ó CUINNEÁIN,

Commissioner of the Gárda Síochána.

WHEREAS in pursuance of section 8 of the Road Traffic Act, 1993, the Commissioner has submitted the foregoing bye-laws to the Minister for the Local Government and Public Health ;

AND WHEREAS the provision 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 118 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.

SCHEDULE.

APPOINTED STOPPING PLACES.

SCHEDULE.

APPOINTED STOPPING PLACES.