S.I. No. 365/1983:

STREET SERVICE VEHICLES (DUBLIN) (LOST PROPERTY) BYE-LAWS, 1983.

STREET SERVICE VEHICLES (DUBLIN) (LOST PROPERTY) BYE-LAWS, 1983.

ARRANGEMENT OF BYE-LAWS.

1. Short title.

2. Interpretation.

3. Revocations.

4. Property found in street service vehicles.

5. Disposal of property deposited in carriage office.

S.I. No. 365 of 1983.

STREET SERVICE VEHICLES (DUBLIN) (LOST PROPERTY) BYE-LAWS, 1983.

I, LAURENCE WREN, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by section 87 of the Road Traffic Act, 1961 (No. 24 of 1961), hereby make the following bye-laws in respect of the area comprising the county borough of Dublin, the borough of Dún Laoghaire, and such part of the administrative county of Dublin as lies within a circle with a radius of 10 miles and having its centre at the General Post Office situate in O'Connell Street in the city of Dublin:

1. These bye-laws may be cited as the Street Service Vehicles (Dublin) (Lost Property) Bye-Laws, 1983.

2. In these bye-laws--

"the Carriage Office" means the Garda Síochána Carriage Office situate in Harcourt Street in the city of Dublin;

"the Dublin Metropolitan Garda Divisional Stores" means the premises known by that title and situate in Kevin Street Garda Station in the city of Dublin;

"street service vehicle" has the meaning assigned to it by section 3 of the Road Traffic Act, 1961 (No. 24 of 1961).

3. The Street Service Vehicles (Dublin) (Lost Property) Bye-Laws, 1963 ( S.I. No. 32 of 1963 ), and the Street Service Vehicles (Dublin) (Lost Property) (Amendment) Bye-laws, 1968 ( S.I. No. 63 of 1968 ), are hereby revoked.

4. (1) Whenever a passenger leaves property in a street service vehicle, the driver of that vehicle shall, within a period of 24 hours of his finding the property, either return the property to the passenger or deposit it in the Carriage Office with a member of the Garda Síochána on duty at that office.

(2) When calculating the period of 24 hours referred to in paragraph (1) of this bye-law, the period between 6.00 p.m. on any day and 9.00 a.m. on the following day shall be disregarded.

(3) The member of the Garda Síochána on duty shall, upon receipt of the property referred to in paragraph (1) of this bye-law, acknowledge receipt of the property and, subject to bye-law 5, retain the property in the custody of the Carriage Office.

5. (1) Subject to subparagraphs (2) and (3) of this bye-law, the following provisions shall apply to property deposited in the Carriage Office under these bye-laws:

( a ) the property shall be returned to the owner if claimed by him while still in the possession of the Garda Síochána;

( b ) if the property is not claimed by the owner within 31 days of the date of deposit, the member of the Garda Síochána for the time being in charge of the Carriage Office shall notify the person who deposited the property that he may claim it at the Carriage Office within 31 days of notification to him under this paragraph;

( c ) if the property is not claimed in accordance with paragraph (b) of this bye-law, the member of the Garda Síochána for the time being in charge of the Carriage Office shall deposit the property in the Dublin Metropolitan Garda Divisional Stores;

( d ) property deposited in the Dublin Metropolitan Garda Divisional Stores under the provisions of paragraph (c) of this bye-law may be disposed of at the next following sale of property held there.

(2) Where property deposited under these bye-laws in the Carriage Office is a live animal or is of a perishable or offensive character, the member of the Garda Síochána for the time being in charge of the Carriage Office may, in lieu of complying with the provisions of paragraph (1) (b) of this bye-law, take such steps as appear to him to be necessary for either the safe custody of the property or its disposal.

(3) Where, in the opinion of the member of the Garda Síochána for the time being in charge of the Carriage Office, property deposited in the Carriage Office under these bye-laws is of such a nature or of such value that it should be retained for a period in excess of the period referred to in paragraph (1) of this bye-law, the said member may extend the period to such period as he considers appropriate having regard to the value of the property and the likelihood of the owner claiming the property within such extended period.

GIVEN under my hand, this 30th day of November, 1983.

L. WREN,

Commissioner of the Garda Síochána.

EXPLANATORY NOTE.

These bye-laws--

(1) revoke the Street Service Vehicles (Dublin) (Lost Property) Bye-Laws, 1963 ( S.I. No. 32 of 1963 ) and the Street Service Vehicles (Dublin) (Lost Property) (Amendment) Bye-Laws, 1968 ( S.I. No. 63 of 1968 );

(2) provide that property found in street service vehicles shall, within a period of 24 hours, either be returned to its owner or deposited in the Garda Síochána Carriage Office situate in Harcourt Street in the city of Dublin;

(3) provide--

( a ) that property so deposited shall be returned to its owner if claimed by him while still in the possession of the Garda Síochána,

( b ) if not claimed by its owner within 31 days of deposit, the person who deposited the property shall be notified that he may claim the property within 31 days of notification to him,

( c ) if not claimed by the depositor within that period, for the deposit of the property in the Dublin Metropolitan Garda Divisional Stores situate in Kevin Street Garda Station in the city of Dublin, where the property may be disposed of at the next following sale of property held there;

(4) provide that alternative arrangements may be made for the custody and disposal of live animals or property which is of a perishable or offensive nature, and for the retention for a period in excess of that already stipulated of property of a valuable or particular nature.