No. 235/1947:

TRALEE APPOINTED STANDINGS (STREET SERVICE VEHICLES) BYE-LAWS, 1947.

TRALEE APPOINTED STANDINGS (STREET SERVICE VEHICLES) BYE-LAWS, 1947.

ARRANGEMENT OF BYE-LAWS.

Bye-Laws.

1. Short title.

2. Interpretation.

3. Definitions.

4. Appointment of appointed standings.

5. Position of vehicles on appointed standings.

6. Maximum number of street service vehicles at an appointed standing.

7. General provisions relating to appointed standings.

8. Power to close an appointed standing.

9. General restriction on street service vehicles standing for hire.

SCHEDULE.

Appointed Standings.

STATUTORY RULES AND ORDERS.

1947. No. 235.

TRALEE APPOINTED STANDINGS (STREET SERVICE VEHICLES) BYE-LAWS, 1947.

WHEREAS it is enacted by sub-section (1) of Section 137 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 after consultation with the local authority concerned, make bye-laws in respect of any specified area for all or any of the following purposes, that is to say :—

(a) appointing the places (in the said Act referred to as appointed standings) in such area at which street service vehicles may stand for hire ;

(b) fixing the maximum number of street service vehicles which may stand for hire at any one time on any particular appointed standing ;

(c) prohibiting street service vehicles from standing for hire at places in such area which are not appointed standings ;

(d) regulating and controlling the use of appointed standings by Street service vehicles ;

AND WHEREAS the Commissioner of the Gárda Síochána has, before making the bye-laws hereinafter set forth, consulted the Urban District Council of Tralee in regard thereto :

NOW, I, MICHAEL J. KINNANE, Commissioner of the Gárda Síochána, in exercise of the powers conferred on me by sub-section (1) of Section 137 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 consisting of the Urban District of Tralee.

1. These bye-laws may be cited as the Tralee Appointed Standings (Street Service Vehicles) Bye-Laws, 1947.

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

3. In these bye-laws :—

(1) the word " street " means a public road ; 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 any such roadway and any portable notice placed by the Commissioner of the Gárda Síochána on such roadway or on a footway adjacent thereto ;

(2) Every mention in these bye-laws or in the Schedule 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 Urban District of Tralee which is known (whether by official name 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 Road Traffic Act, 1933 (No. 11 of 1933) shall have in these bye-laws the meaning given to it by the said Section 3.

4. In the street named in the second column of the Schedule to these bye-laws, the place delimited in the third column of the said Schedule opposite the name in the said second column of such street shall be an appointed standing available, subject to the provisions of these bye-laws, for use without limitation as to time or occasion of user.

5.—(1) For the purposes of these bye-laws, a street service vehicle shall not be deemed to be standing for hire on an appointed standing unless the whole of such vehicle is within the limits of such appointed standing as stated in the third column of the Schedule to these bye-laws.

(2) Every street service vehicle standing for hire on an appointed standing shall be placed in the position specified in the fifth column of the Schedule to these bye-laws opposite the mention of such appointed standing in the third column of such Schedule.

6. Whenever the number of street service vehicles standing for Hire on an appointed standing is equal to the number mentioned in the fourth column of the Schedule to these bye-laws opposite the mention of such appointed standing in the third column of such Schedule, it shall not be lawful for the driver of any other street service vehicle to place such other street vehicle on such appointed standing.

7. The following general provisions shall apply in respect of street service vehicles standing for hire on an appointed standing, that is to say :—

(a) no street service vehicle shall be so placed on any appointed standing 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) no person shall wash, overhaul, or execute repairs to a street service vehicle while it is standing for hire on an appointed standing, except such repairs as may be necessary to enable such vehicle to be removed from such appointed standing;

(c) neither the driver of nor any passenger in a street service vehicle which is standing for hire on an appointed standing shall make any unnecessary noise by means of or in relation to such vehicle or the engine or any fitting thereof

(d) the driver of a street service vehicle which is placed on or being brought into or removed from any appointed standing shall comply with every (if any) authorised sign placed at such appointed standing in regard to the user thereof and with all directions given to him by a member of the Gárda Síochána in relation to the placing of such vehicle on such appointed standing or the bringing it into or the removing it from such appointed standing.

8.—(1) Notwithstanding anything contained in 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 appointed standing or for any other reason applicable to a particular appointed standing and appearing to him to be good and sufficient prohibit the placing of street service vehicles on such appointed standing 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 an appointed standing may, whenever he thinks proper so to do because of a fire, flood, accident, or other emergency, prohibit the placing of street service vehicles on such appointed standing.

(2) Whenever a member of the Gárda Síochána in exercise of a power conferred on him by this bye-law, prohibits the placing of street service vehicles on an appointed standing, such member may remove or cause to be removed from such appointed standing every street service vehicle which is on such appointed standing at the comencement of such prohibition or enters such appointed standing 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.

9. No driver of a street service vehicle shall stand such vehicle for hire in the Urban District of Tralee otherwise than on an appointed standing and in accordance with these bye-laws.

GIVEN under my hand this 2nd day of September, 1947.

(Signed) MICHAEL J. KINNANE,

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 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 in exercise of the power conferred on him by section 137 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 this 31st day of October, One Thousand Nine Hundred and Forty Seven.

(Signed) SEÁN MacENTEE,

Minister for Local Government.

SCHEDULE.

APPOINTED STANDING FOR STREET SERVICE VEHICLES.