S.I. No. 249/1974:

CORK PARKING BYE-LAWS, 1974.

CORK PARKING BYE-LAWS, 1974.

ARRANGEMENT OF BYE-LAWS.

PART 1.

1. Short title.

2. Interpretation.

3. Area of application.

4. Revocation.

PART II.

5. Parking in accordance with traffic signs.

6. Conditions for parking.

7. Places where parking is prohibited.

8. Prohibition on selling, hiring, repairing of vehicles on public roads.

9. Parking in loading bays.

10. Parking at the edge of the road.

11. Compliance with directions of Garda Síochána.

12. Non-application of bye-laws to certain vehicles.

13. Saver for clearways.

PART III (DISC PARKING).

14. Obligation to display a valid parking disc.

15. Period of parking in disc parking place.

16. Prohibition on interference with parking disc.

17. Removal of vehicle from Disc Parking Place.

18. Prohibition of parking inside an hour of leaving disc parking place.

19. Prohibition on motor cycles and pedal cycles in disc parking place.

20. Exemption for invalid carriages in disc parking places.

21. Issue of Parking Discs.

22. Fee for Parking Disc.

S.I. No. 249 of 1974.

CORK PARKING BYE-LAWS, 1974.

I, PATRICK MALONE, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by Section 90 (as amended by Section 6 of the Road Traffic Act, 1968 (No. 25 of 1968)), of the Road Traffic Act, 1961 (No. 24 of 1961), with the consent of the Minister for Local Government and after consultation with Lord Mayor, Aldermen and Burgesses of Cork, hereby make the following bye-laws in respect of the area comprising the county borough of Cork:

PART I. Preliminary.

1. These bye-laws may be cited as the Cork Parking Bye-Laws, 1974.

2. (1) In these bye-laws--

"authorised", in relation to a traffic sign or a roadway marking, means, authorised by the appropriate Article of the Road Traffic (Signs) Regulations, 1962 to 1971.

"authorised person" has the same meaning as in Section 103 (8) (inserted by the Road Traffic Act, 1968 (No. 25 of 1968)), of the Road Traffic Act, 1961 (No. 24 of 1961);

"business hours" means the period from 8.30 a.m. to 6.30 p.m. on a weekday which is not a holiday;

"Corporation" means the Lord Mayor, Aldermen and Burgesses of Cork;

"disc parking place" means a place on a public roadway where a traffic sign or signs indicates or indicate that the place is a disc parking place;

"goods vehicle" means a vehicle used exclusively for carrying goods;

"holiday" means Good Friday or any day that is a public holiday for the purposes of the Holidays (Employees) Act, 1973 (No. 25 of 1973);

"loading bay" means a place so indicated by a traffic sign;

"parking disc" means a disc or document, or a combination of both, having marks or symbols capable of indicating the date and time when the disc becomes a valid parking disc;

"the Regulations of 1962" means the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 );

"valid parking disc" means a parking disc issued by the Corporation which--

( a ) has been perforated so as to indicate clearly the month, day in the month, hour of the day and (to the nearest following five-minute period) minute of the hour of the commencement of a period of parking of the vehicle in which the disc is exhibited in accordance with these bye-laws,

( b ) indicates no other month, day, hour or minute, and

( c ) indicates that the vehicle is so parked for a period not exceeding the period for which it may be parked in a disc parking place in accordance with these bye-laws.

(2) A reference in these bye-laws to the loading of goods shall be construed as including the supplying of fuel or oil for the operation of the vehicle.

3. These bye-laws apply to the area comprising the county borough of Cork.

4. The Cork Parking Bye-Laws, 1963 ( S.I. No. 158 of 1963 ), are hereby revoked.

PART II. General.

5. Except as otherwise provided by these bye-laws, parking of vehicles on public roads shall be in accordance with any prohibition, restriction or requirement indicated by means of traffic signs.

6. (1) Where on a public road parking is controlled or regulated by means of a traffic sign, a vehicle may be parked only if it complies with the following conditions--

( a ) that it is a mechanically propelled vehicle,

( b ) that it is not offered as a prize or used as an office or in connection with the sale of tickets, goods or any service,

( c ) that no unnecessary noise is made by it or by anything carried in or on or attached or connected to it,

( d ) that it is not drawing another vehicle,

( e ) that it has not seating passenger accommodation for more than 12 people other than the driver.

(2) A vehicle may be parked at the edge of a roadway only if it is parked within 18 inches of that edge.

7. (1) A vehicle shall not be parked on a public road--

( a ) at a road junction or within 15 feet of the junction, except as indicated by means of a traffic sign,

( b ) on a stretch of roadway having less than three traffic lanes and having along its centre an authorised continuous white line or more than one such line,

( c ) on a footway, whether the vehicle is so parked wholly or partly,

( d ) at an appointed stand for street service vehicles,

( e ) at any place, or in any position or manner that will obstruct, delay or interfere with the entrance to or the exit from a fire brigade station or ambulance station,

( f ) at any place, or in any position or manner that will obstruct an entrance for vehicles to premises except with the consent of the occupiers of the premises,

( g ) on a pedestrian crossing or at pedestrian lights or within 45 feet (on the approach side) and 15 feet (on the side other than the approach side) of a pedestrian crossing or pedestrian lights.

(2) Paragraph (1) (b) shall not apply to a motor cycle (or similar vehicle) without a side-car.

(3) Paragraph (1) (c) shall not apply to a pedal cycle which does not interfere with the free movement of pedestrians on the footway.

(4) In this bye-law--

"pedestrian crossing" has the meaning assigned to it by Article 9 (2) of the Regulations of 1962;

"pedestrian lights" means a type of mechanical signals authorised by Article 14 of the Regulations of 1962.

8. While a vehicle is parked on a public road it shall not be offered for sale or hire or be repaired, overhauled or painted by being sprayed.

9. (1) During business hours a vehicle (other than a goods vehicle being used for loading or unloading) shall not be parked in a loading bay.

(2) Subject to paragraph (1), a goods vehicle being used for loading or unloading shall not be parked during business hours in a loading bay for a period longer than 30 minutes.

(3) Notwithstanding paragraph (2), a member of the Garda Síochána in uniform or an authorised person may during business hours permit the parking of a goods vehicle in a loading bay for loading or unloading purposes for a period longer than 30 minutes.

10. Where a roadway marking authorised by Article 12 (1) (i) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1969 ( S.I. No. 217 of 1969 )) of the Regulations of 1962 is not accompanied by an information plate, the prohibition or restriction on the parking of vehicles imposed by means of the roadway marking shall apply during business hours.

11. A driver or other person in charge of a vehicle shall comply with a direction given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle or its removal from the place where it is parked.

12. A prohibition or restriction on parking on a public road indicated by means of a traffic sign or imposed by these bye-laws shall not apply to--

( a ) a street service vehicle lawfully standing for hire,

( b ) an omnibus lawfully stopped,

( c ) a vehicle being used in connection with the removal of an obstruction to traffic, the repair, maintenance or reconstruction of a public road, or the provision, alteration or repair of a telegraph line, telephone line, sewer, main, pipe or apparatus relating to the supply of gas, water or electricity,

( d ) a fire engine, ambulance or Garda Síochána vehicle being used in pursuance of statutory powers or duties,

( e ) a vehicle parked because the driver is unable to proceed because of circumstances outside his control or because he parked in order to avoid an accident,

( f ) a vehicle parked (other than in a disc parking place or a loading bay) merely while goods are being loaded in or onto or unloaded from it, unless the vehicle is within 45 feet (on the approach side) and 15 feet (on the side other than the approach side) of a pedestrian crossing or pedestrian lights,

( g ) a vehicle parked while a passenger is entering or leaving it,

( h ) a vehicle which has either been damaged in an accident or, having had a breakdown, has been parked while such repairs as will enable it to be removed from the public road are carried out on it,

( i ) a pedal cycle (other than one in a disc parking place or a loading bay).

13. (1) Notwithstanding an indication on a traffic sign permitting parking, a vehicle shall not be parked on a roadway during a period when the roadway is a clearway.

(2) In this bye-law "clearway" means a public road (or portion of a public road) on which there is a prohibition on the stopping or parking of vehicles for a specified period of a day.

PART III. Disc Parking.

14. (1) Where a vehicle is parked in a disc parking place during business hours--

( a ) separate distinct perforations indicating the month, day in the month, hour of the day and (to the nearest following five-minute period) minute of the hour when the parking commences shall be made on a parking disc at such commencement,

( b ) the valid parking disc shall be so exhibited in the interior of the vehicle that a person outside the vehicle can ascertain by reference to the perforations when the parking commenced, and

( c ) the valid parking disc shall be exhibited in accordance with paragraph (b) for so long as the vehicle is parked in that disc parking place.

(2) Where the vehicle being parked is a goods vehicle which is being parked solely for the loading or unloading of goods, paragraph (1) shall not apply until the expiration of 30 minutes after the commencement of the parking.

(3) Where a vehicle which had been parked in a disc parking place for a period less than the maximum parking period for that disc parking place is subsequently lawfully parked in another disc parking place, it shall not be necessary, subject to compliance with paragraphs 1 (b) and 1 (c) of this bye-law, to comply with paragraph 1 (a) of this bye-law.

15. (1) A vehicle parked in a disc parking place during business hours shall not be so parked for longer than the period indicated as the maximum parking period for that disc parking place by means of a traffic sign.

(2) Where a vehicle which had been lawfully parked in a disc parking place is subsequently lawfully parked in another disc parking place, the period to which the subsequent parking is restricted by paragraph (1) of this bye-law shall be reduced by a period equal to the period from the time indicated on the disc to the time when the subsequent parking commenced.

16. While a vehicle is parked in a disc parking place during business hours a person shall not interfere with a parking disc exhibited in the vehicle.

17. A vehicle parked in a disc parking place at a time which is not during business hours shall be removed from the disc parking place when a period of business hours commences, unless at such commencement and during the remainder of the period of parking a valid parking disc is exhibited in the interior of the vehicle in accordance with paragraph 1 (b) of bye-law 14, and paragraph 1 (c) of that bye-law shall apply from such commencement in respect of such parking.

18. Where a valid parking disc has been duly exhibited in a vehicle while the vehicle was parked in a particular disc parking place on a particular day in a particular street, the vehicle shall not, within an hour of leaving that disc parking place, again be parked at a disc parking place in that street on that day.

19. Motor cycles and pedal cycles shall not be parked during business hours in a disc parking place.

20. (1) This bye-law applies to an invalid carriage the driver of which is a disabled person.

(2) The Corporation may grant to a disabled person an exemption in writing from the provisions of bye-laws 14 and 18 in respect of the parking of a specified vehicle in a disc parking place during business hours.

(3) The grant of an exemption under this bye-law shall be subject to the following conditions--

(i) application for an exemption shall be made in writing to the Corporation;

(ii) an exemption shall be for such period, not exceeding one year, as may be specified in the exemption and may, at the discretion of the Corporation, be extended on the 1st day of January in each succeeding year for another period not exceeding one year;

(iii) the exemption shall be prominently displayed on the vehicle in respect of which it is granted when that vehicle is parked in a disc parking place.

(4) In this bye-law--

"disabled person" means a person referred to in section 43 of the Finance Act, 1968 (No. 33 of 1968);

"invalid carriage" means a mechanically propelled vehicle adapted or constructed for driving by a disabled person.

21. Parking discs shall be issued by the Corporation.

22. A fee of five new pence shall be paid for a parking disc.

GIVEN under my hand this 27th day of June, 1974.

PATRICK MALONE,

Commissioner of the Garda Síochána.

The Minister for Local Government hereby consents to the making of the foregoing bye-laws.

GIVEN under the Official Seal of the Minister for Local Government, this 6th

day of August, 1974.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

1. These bye-laws revoke the Cork Parking Bye-Laws, 1963 ( S.I. No. 158 of 1963 ).

2. These bye-laws provide that parking of vehicles on public roads in the county borough of Cork shall be in accordance with traffic signs.

3. These bye-laws (Part III) provide for a system of disc parking in certain places indicated by traffic signs in the county borough of Cork.