S.I. No. 200/1985:

COUNTY OF KERRY TRAFFIC AND PARKING TEMPORARY RULES, 1985.

COUNTY OF KERRY TRAFFIC AND PARKING TEMPORARY RULES, 1985.

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ARRANGEMENT OF TEMPORARY RULES

PART I

Preliminary

1. Short title.

2. Commencement of rules.

3. Interpretation.

4. Area of application.

PART II

Prohibitions, Restrictions, Requirements and Conditions relating to the Parking of Vehicles on Public Roads

5. Places where parking is prohibited at all times.

6. Places where parking is restricted or prohibited at certain times.

7. Conditions for parking.

8. Non-application of certain parking prohibitions or restrictions to certain vehicles.

PART III

Prohibitions, Restrictions and Requirements relating to Traffic and Pedestrians on Public Roads

9. Prohibition on traffic from entering a road.

10. Box junctions.

11. Prohibition on vehicles exceeding a specified weight from entering a road.

12. Pedestrian crossing complex.

13. Prohibition on driving on median strip.

14. Compliance with directions of Garda Síochána.

15. Non-application of bye-law 7 of the Road Traffic General Bye-Laws, 1964, to omnibuses in certain cases.

PART IV

Clearways, Pedestrianisation and Loading Bays

16. Prohibition on parking on clearways.

17. Prohibition on entry to or parking in certain streets.

18. Parking in loading bays.

PART V

Disc Parking

19. Definitions (PART V).

20. Obligation to display valid parking disc.

21. Period of parking in disc parking place.

22. Interference with parking disc.

23. Removal of vehicle from disc parking place.

24. Prohibition on certain parking inside an hour of leaving disc parking place.

25. Issue of parking discs.

26. Fee for parking discs.

27. Conditions for parking in disc parking places.

28. Motor cycles and pedal cycles prohibited from parking in disc parking places.

29. Non application of rules 20 to 28 of these rules to certain vehicles.

PART VI

Parking Permits for Disabled Drivers

30. Permit for disabled drivers.

PART VII

Parking discs for Residents

31. Definitions (Part VII).

32. Non application of rules 19 to 30 of these rules.

33. Particulars of resident's parking disc.

34. Permission to park a vehicle displaying resident's parking disc.

35. Display of resident's parking disc.

36. Interference with resident's parking disc.

37. Issue of and fee for resident's parking disc.

38. Return and transfer of resident's parking disc.

PART VIII

Bus Lanes

39. Prohibition on entry to bus lanes.

40. Prohibition of parking on bus lanes.

41. Non-application of Part VIII.

PART IX

Miscellaneous

42. Prohibition on depositing goods on roadway or footway.

43. Obligation to form a queue outside places of entertainment, etc.

44. Obligation to form a queue at appointed stands.

SCHEDULE

Business Hours

S.I. No. 200 of 1985.

COUNTY OF KERRY TRAFFIC AND PARKING TEMPORARY RULES, 1985.

I, LAURENCE WREN, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by sections 89 and 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), the Local Government (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 269 of 1977 ), with the consent of the Minister for the Environment, hereby make the following temporary rules in respect of the area comprising the administrative county of Kerry, including the urban districts of Killarney, Listowel and Tralee.

PART I Preliminary

1. These rules may be cited as the County of Kerry Traffic and Parking Temporary Rules, 1985.

2. These rules shall come into operation on the 8th day of July, 1985.

3. (1) In these rules--

"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);

"the Act of 1968" means the Road Traffic Act, 1968 (No. 25 of 1968);

"access", for the purposes of Part VIII of these rules, has the meaning assigned to it by article 3 of the bus lane regulations;

"appointed stand" has the meaning assigned to it by section 84 (1) (as amended by section 6 of the Act of 1968) of the Act of 1961;

"authorised", in relation to a traffic sign, including an information plate, means authorised by regulations which are for the time being in force under section 95 (2) of the Act of 1961;

"authorised person" has the meaning assigned to it by section 103 (8) (inserted by the Act of 1968) of the Act of 1961;

"the bus lane regulations" means the Road Traffic (Signs) (Bus Lane) Regulations, 1980 ( S.I. No. 358 of 1980 ) as amended by the Road Traffic (Signs) (Bus Lane) (Amendment) Regulations, 1981 (S.I. No. 333 of 1981);

"bus-only street" means a street or portion of a street at each entrance to which is provided authorised traffic sign no. 216, accompanied by an information plate of the type authorised by and described in paragraph 14 (inserted by the bus lane regulations) of Part VI of the First Schedule to the Regulations of 1962, to indicate that vehicles other than omnibuses and vehicles entering for access only are prohibited from entering that street;

"casual trading" and "casual trading area" have the meanings respectively assigned to them by section 2 of the Casual Trading Act, 1980 (No. 43 of 1980);

"clearway" means a section of roadway at the start of which a clearway sign is provided and at the end of which a clearway sign accompanied by an information plate, of the type authorised by and described in paragraph 7 (inserted by the Regulations of 1966) of Part VI of the First Schedule to the Regulations of 1962, containing the word "End", the word "Deire" or both these words are provided;

"clearway period" means a period specified on an information plate (of the type authorised by and described in paragraph 7 (inserted by the Regulations of 1966) of Part VI of the First Schedule to the Regulations of 1962) provided below a clearway sign;

"clearway sign" means traffic sign number 215 authorised by the Regulations of 1962 (as amended by the Regulations of 1966);

"contra-flow bus lane" means a portion of a roadway marked with the roadway markings referred to in article 4 of, and the First Schedule to, the bus lane regulations and provided with sign C referred to in Article 5 of, and the Second Schedule to, the bus lane regulations;

"disc parking place" has the meaning assigned to it by Article 2 of the Regulations of 1974 and is indicated by means of traffic sign number 212 authorised by the Regulations of 1962 accompanied by an information plate of the type authorised by and described in paragraph 4B (inserted by the Regulations of 1974) of Part VI of the First Schedule to the Regulations of 1962;

"footway" has the meaning assigned to it by section 3 (1) of the Act of 1961;

"goods vehicle" means a vehicle used exclusively for carrying goods and taxed for commercial purposes;

"grass margin" means that portion of a public road situated on either side of the footway and which is provided for the growing of grass, trees or shrubbery of any kind;

"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);

"information plate", for the purpose of rule 5 (b), paragraph 2, 3 (a) and 3 (b) of rule 6 and rule 21 of these rules, means a plate of the type authorised by and described in paragraph 4 of Part VI of the First Schedule to the Regulations of 1962;

"licensed public hire vehicle" has the meaning assigned to it by article 3 (1) of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 );

"loading bay" has the meaning assigned to it by article 2 (as amended by article 4 of the Road Traffic (Signs) (Amendment) Regulations, 1971 ( S.I. No. 127 of 1971 )) of the Regulations of 1969 and is indicated by means of a roadway marking of the type authorised by article 12 (n) (inserted by the Regulations of 1969) of the Regulations of 1962 (as amended by the Regulations of 1974) or by article 12 (p) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1971) of the Regulations of 1962;

"local authority'' means the the council of the county of Kerry or the council of the urban districts of Killarney, Listowel or Tralee;

"median strip" means that portion of a public road which separates parts of a roadway on which traffic proceeds from opposite directions or in the same direction;

"parking bay" means the area contained between lines of the type referred to in article 12 (i) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 )) of the Regulations of 1962 (as amended by the Regulations of 1974);

"pedestrian crossing" has the meaning assigned to it by article 2 (1) of the Regulations of 1962 and is indicated by means of roadway markings of the type authorised by and described in article 9 (1) of the Regulations of 1962;

"pedestrian crossing complex" has the meaning assigned to it by article 2 of the Road Traffic (Signs) (Amendment) (No. 2) Regulations, 1979 ( S.I. No. 329 of 1979 ) and is indicated by roadway markings of the type referred to in article 3 of the aforementioned regulations;

"pedestrian lights" means signals of a type authorised by article 14 (as amended by article 4 of the Road Traffic (Signs) (Amendment) Regulations, 1975 ( S.I. No. 280 of 1975 )) of the Regulations of 1962;

"public road" has the meaning assigned to it by section 3 (1) of the Act of 1961;

"road" has the meaning assigned to it by section 3 (1) of the Act of 1961;

"road inset" means a part of a roadway specially inset in a footway or road verge;

"road junction" means the section of roadway contained within the projection of roadway boundaries at the intersection of roadways;

"road verge" means that part of a public road which is not a footway, a grass margin, a median strip or a roadway;

"roadway" has the meaning assigned to it by section 3 (1) of the Act of 1961;

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

"the Regulations of 1966" means the Road Traffic (Signs) (Amendment) Regulations, 1966 ( S.I. No. 233 of 1966 );

"the Regulations of 1969" means the Road Traffic (Signs) (Amendment) Regulations, 1969 ( S.I. No. 217 of 1969 );

"the Regulations of 1974" means the Road Traffic (Signs) (Amendment) Regulations, 1974 ( S.I. No. 247 of 1974 );

"scheduled town" means a non-municipal town which is specified in Part II of the First Schedule to the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), and the area comprising which has been declared by the council of the county of Kerry under section 2 (6) of that Act;

"small public service vehicle" has the meaning assigned to it by section 3 (1) of the Act of 1961;

"street" means a public road;

"street service vehicle" has the meaning assigned to it by section 3 (1) (as amended by section 6 of the Act of 1968) of the Act of 1961;

"traffic sign" has the meaning assigned to it by section 95 (1) (as amended by section 6 of the Act of 1968) of the Act of 1961;

"traffic warden" has the meaning assigned to it by section 2 (3) of the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975);

"with-flow bus lane" means a portion of a roadway marked with the roadway markings referred to in article 4 of, and the First Schedule to, the bus lane regulations and provided with sign A or B referred to in article 5 of, and the Second Schedule to, the bus lane regulations.

(2) For the purpose of these rules, "business hours" shall, for an area specified in column (2) of the Schedule to these rules at a particular reference number, be taken to be the period which is specified in column (3) of the Schedule at that reference number and is on a day referred to in column (4) of the Schedule at that reference number.

(3) A reference in these rules to the loading of goods shall be taken to include the supplying of fuel for the operation of the vehicle.

(4) A reference in these rules to any matter (including a reference to a particular traffic sign, roadway marking or information plate) prescribed in the Road Traffic (Signs) Regulations, 1962 to 1985, shall be taken to include a reference to such matter as prescribed in regulations which are for the time being in force under section 95 (2) of the Act of 1961 and which amend or replace the aforementioned Road Traffic (Signs) Regulations, 1962 to 1985.

4. These rules apply to the area comprising the administrative county of Kerry, including the urban districts of Killarney, Listowel and Tralee.

PART II Prohibitions, Restrictions, Requirements and Conditions relating to the Parking of Vehicles on Public Roads

5. A vehicle shall not, at any time be parked on a public places where road--

(a) on that side of a stretch of roadway along the edge of which roadway markings consisting of two parallel continuous yellow lines of the type authorised by and described in article 12 (1) (ii) (inserted by the Regulations of 1969) of the Regulations of 1962 are provided,

(b) where traffic sign number 213 authorised by the Regulations of 1962 is not accompanied by an authorised information plate indicating the days and hours when parking is prohibited, on the stretch of roadway to which that sign relates,

(c) at a road junction or within 15 feet of the junction, (except on a road inset, at a disc parking place, in a loading bay or on a stretch of roadway to which sign number 212, authorised by the Regulations of 1962, relates),

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

(e) at an appointed stand for street service vehicles, unless the vehicle is a small public service vehicle,

(f) in any place, position or manner that will result in the vehicle obstructing, delaying or interfering with the entrance to or the exit from a fire brigade station or an ambulance station,

(g) in any place, position or manner that will result in the vehicle obstructing an entrance for vehicles to premises, except when the occupier of such premises consents,

(h) on a pedestrian crossing, or at pedestrian lights, or within 45 feet (on the approach side), or 15 feet (on the side other than the approach side), of a pedestrian crossing or pedestrian lights or on any part of a pedestrian crossing complex,

(i) either wholly or partly on a footway, a grass margin or a median strip,

(j) on a part of a roadway, which is a casual trading area, during hours of trading, unless the vehicle is for the time being in use for the purpose of casual trading in accordance with the provisions of the Casual Trading Act, 1980 .

6. (1) (a) A vehicle shall not be parked on that side of a stretch of roadway along the edge of which a roadway marking consisting of a continuous yellow line of the type authorised by and described in article 12 (1) (i) (inserted by the Regulations of 1969) of the Regulations of 1962, is provided,

(b) Sub-paragraph (a) of this paragraph shall apply--

(i) where the roadway marking is accompanied by an information plate, of the type authorised by article 12 (2) (inserted by the Regulations of 1969) of the Regulations of 1962 and described in Part IX (inserted by the Regulations of 1969) of the First Schedule to the Regulations of 1962, during the period indicated by means of that plate,

(ii) in any other case, during business hours.

(2) Where traffic sign number 213, authorised by the Regulations of 1962, is accompanied by an authorised information plate indicating the days and hours when parking is prohibited, a vehicle shall not, during the period so indicated, be parked on the stretch of roadway to which that sign relates.

(3) Where traffic sign number 212, authorised by the Regulations of 1962, is provided on a public road, a vehicle may only be parked on the stretch of roadway to which that sign relates, subject to the following restrictions--

(a) where the sign is accompanied by an authorised information plate indicating the days and hours when parking is permitted, a vehicle shall not be parked at a time which is not during the period so indicated,

(b) where the sign is accompanied by an authorised information plate indicating the length of time to which parking is restricted, a vehicle shall not, (subject to paragraphs (3) and (4) of rule 30 of these rules),--

(i) be parked for a period longer than the period so indicated and

(ii) after the vehicle leaves the place in the street in which it had been parked, be parked again in that street (or where the restriction relates to part of the street only, on that part) within one hour of leaving, while the restriction is in force,

(c) where the sign is accompanied by an information plate of the type authorised by and described in paragraph 4A (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1964) of Part VI of the First Schedule to the Regulations of 1962, a vehicle other than a bicycle shall not be parked,

(d) where the sign is accompanied by an information plate of the type authorised by and described in paragraph 4B (inserted by the Regulations of 1974) of Part VI of the First Schedule to the Regulations of 1962, a vehicle shall not be parked unless the provisions of Part V of these rules are complied with.

7. (1) Where, on a roadway, there is a restriction on parking imposed by means of paragraph 3 (a), 3 (b) or 3 (d) of rule 6 of these rules and indicated by means of an authorised traffic sign, a vehicle may be parked only if it complies with the following conditions--

(a) that it is a mechanically propelled vehicle with seating accommodation for not more than 12 people other than the driver,

(b) that, while parked, it is not offered for sale or as a prize and is not used solely for advertising purposes or as an office or for or in connection with the sale of tickets or goods or the provision of a service,

(c) that, while parked, it is not being painted and no overhaul or repair is effected to it other than a repair permitted by Rule 8 (3) (d) of these rules, and,

(d) that, while parked, no unnecessary noise is made by it or by anything carried in or on it or attached or connected to it.

(2) Paragraph 1 (b) of this rule shall not apply to the use of a vehicle for the purpose of casual trading in accordance with the provisions of the Casual Trading Act, 1980 , or for the purpose of selling at a market or fair held in pursuance of a market right.

(3) Where a vehicle is parked on a roadway on which there is no restriction on parking, it shall, subject to paragraph (2) of this rule, comply with the conditions specified in paragraphs (1) (b) to (1) (d) of this Rule.

(4) (a) Subject to sub-paragraph (b) of this paragraph, a vehicle parked at the edge of a roadway shall be parked with the sides of the vehicle parallel or approximately parallel to the edge and with one side within 18 inches of the edge.

(b) Where at a place on a roadway traffic sign no. 212 authorised by the Regulations of 1962, is accompanied by an authorised information plate indicating that a vehicle parked at the edge of the roadway be parked with front or rear to the edge, a vehicle parked at that place shall be parked accordingly, as near as practicable to the edge and in such a manner that any part of the vehicle extending over a footway does not interfere with the free movement of pedestrians on the footway.

8. (1) A prohibition or restriction on parking on a roadway imposed by this Part of these rules shall not apply to--

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

(b) a fire brigade vehicle, an ambulance, a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member or a vehicle being used by an authorised person or a traffic warden in the enforcement of these rules.

(2) Nothing in this Part of these rules shall prohibit or restrict either a street service vehicle standing for hire in accordance with bye-laws or temporary rules under section 84 of the Act of 1961, as amended by section 6 of the Act of 1968, or an omnibus stopping in accordance with a notice given under section 85 of the Act of 1961.

(3) A prohibition or restriction on parking on a roadway imposed by sub-paragraphs (a) or (b) of rule 5 or by rule 6 (other than paragraph (3) (d) of rule 6) of these rules shall not apply to--

(a) a vehicle parked (other than on that part of a roadway which is immediately adjacent to either side of a median strip) while goods are being loaded in or on to or unloaded from it for a period not exceeding thirty minutes from the commencement of the parking,

(b) a vehicle parked (other than on that part of a roadway which is immediately adjacent to either side of a median strip) while a passenger is entering or leaving it,

(c) a pedal cycle (other than on that part of a roadway which is immediately adjacent to either side of a median strip),

(d) 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.

(4) Rule 5 (1) of these rules shall not apply to--

(a) a pedal cycle parked on a footway if when so parked it does not interfere with the free movement of pedestrians on the footway,

(b) a vehicle specified in paragraph (3) (d) of this rule.

PART III Prohibitions, Restrictions and Requirements relating to Traffic and Pedestrians on Public Roads

9. Where roadway markings consisting of a continuous white line and a broken white line parallel thereto, of the type authorised by and described in article 12 (k) (inserted by the Regulations of 1966) of the Regulations of 1962 are provided across the entrance to a road, a driver shall not proceed beyond such markings so as to enter that road.

10. (1) Where roadway markings, consisting of continuous yellow lines enclosing an area of roadway cross-hatched in diagonal yellow lines, of the type authorised by and described in article 12 (o) (inserted by the Road Traffic (Signs) (Amendment) Regulations, 1985) are provided at a junction (whether controlled by traffic lights or not, and notwithstanding any indicating to the contrary that may be given by traffic lights), a driver shall not enter, either partly or wholly, the cross-hatched area unless the vehicle can clear the area without stopping.

(2) Paragraph (1) of this rule shall not apply where a driver intending to make a right-hand turn at a junction enters the cross-hatched area for that purpose.

11. (1) Where traffic sign number 217 authorised by the Regulations of 1962 (as amended by the Road Traffic Signs (Amendment) Regulations, 1979 ( S.I. No. 51 of 1979 )) is provided at the entrance to a road, the driver of a vehicle the unladen weight of which exceeds the weight specified on the sign shall not proceed beyond the sign so as to enter that road.

(2) Paragraph (1) of this rule shall not apply where it is necessary for a vehicle to enter a road solely for the purpose of gaining access to premises accessible only from that road.

12. Within a pedestrian crossing complex--

(a) a pedestrian shall not be on any part of the roadway complex other than the pedestrian crossing,

(b) save to yield right of way to a pedestrian on the pedestrian crossing, the driver of a vehicle shall not stop the vehicle unless required to do so in the circumstances referred to in paragraph 2 (g) of rule 16 of these rules.

13. A person shall not drive a vehicle either wholly or partly along or across a median strip.

14. 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 relation to the parking of the vehicle or its removal from the place where it is parked.

15. (1) Where traffic sign number 204 or traffic sign number 205 or traffic sign number 206, authorised by the Regulations of 1962, is accompanied by an information plate on which is shown the message "Except Buses", or "Ach Amhain Busanna" or "Except Buses, Ach Amhain Busanna", the provisions of paragraph (1) of bye-law 7 of the Road Traffic General Bye-Laws 1964 ( S.I. No. 294 of 1964 ) shall not apply to the driver of an omnibus.

(2) Where traffic sign number 207, traffic sign number 208 or traffic sign number 209, authorised by the Regulations of 1962, is accompanied by an information plate on which is shown the message "Except Buses", or Ach Amhain Busanna" or "Except Buses", "Ach Amhain Busanna", the provisions of paragraph (2) of bye-law 7 of the Road Traffic General Bye-Laws, 1964 shall not apply to the driver of an omnibus.

(3) In this rule "information plate" means a plate of the type authorised by and described in paragraph 9 (inserted by the Road Traffic (Signs) (Amendment) (No. 2) Regulations, 1971 ( S.I. No. 188 of 1971 ) of Part VI of the First Schedule to the Regulations of 1962.

PART IV Clearways, Pedestrianisation and Loading Bays

16. (1) The stopping or parking of a vehicle on a part of a roadway which is a clearway is prohibited during a clearway period, notwithstanding any indication to the contrary by means of a traffic sign.

(2) This rule shall not apply--

(a) on a holiday, except as otherwise indicated by means of an information plate of the type authorised by and described in paragraph 7 (inserted by the Regulations of 1966) of Part VI of the First Schedule to the Regulations of 1962 provided below the clearway sign,

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

(c) to a fire brigade vehicle, an ambulance, a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member or a vehicle being used by an authorised person or a traffic warden in the enforcement of these Rules.

(d) to 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 clearway are carried out on it,

(e) to an omnibus stopped at a stopping place or stand directed by notice under section 85 of the Act of 1961,

(f) to a small public service vehicle while merely picking up or setting down passengers,

(g) to a vehicle stopped when so required under the Act of 1961, the Act of 1968, or the Road Traffic General Bye-Laws 1964 ( S.I. No. 294 of 1964 ) as amended by the Road Traffic General Bye-Laws (Amendment) Regulations, 1975 (S.I. No. 281) of 1975), and by the Road Traffic General Bye-Laws (Amendment) Regulations, 1983 ( S.I. No. 275 of 1983 ), or because of the exigencies of traffic,

(h) to a road inset,

(i) to a pedal cycle.

17. (1) This rule applies to a street or a portion of a street at each entry to which traffic sign number 216 authorised by the Regulations of 1962 (as amended by the Road Traffic (Signs) (Amendment) (No. 3) Regulations, 1971 ( S.I. No. 256 of 1971 )) is provided.

(2) A person shall not enter a street or portion of a street to which this rule applies with a vehicle, or park a vehicle in such a street or portion of street, during the period indicated by means of the information plate accompanying the traffic sign referred to in paragraph (1) of this rule.

(3) This rule shall not apply to--

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

(b) a fire brigade vehicle, an ambulance or a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member.

(4) In this Rule "information plate" means a plate of the type authorised by paragraph 10 (inserted by the Road Traffic (Signs) (Amendment) (No. 3) Regulations, 1971) of Part VI of the First Schedule to the Regulations of 1962.

18. (1) Except where otherwise indicated by means of an information plate of the type authorised by article 12 (2) (inserted by the Regulations of 1969) of the Regulations of 1962 and described in Part IX (inserted by the Regulations of 1969) of the First Schedule to the Regulations of 1962, this rule applies during business hours.

(2) A vehicle other than a goods vehicle being used for loading or unloading shall not be parked in a loading bay.

(3) A goods vehicle being used for loading or unloading shall not be parked in a loading bay for a period exceeding 30 minutes from the commencement of the parking.

PART V Disc Parking

19. In this Part--

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

"valid parking disc" means a parking disc which--

(a) has been issued by the local authority in whose functional area the vehicle is parked,

(b) has been perforated so as to indicate clearly the year, 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 rules.

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

(d) 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 rules.

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

(a) separate distinct perforations indicating the year, 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 the commencement of the parking;

(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) of this rule for so long as the vehicle is parked in that disc parking place.

(2) Where a vehicle being parked in a disc parking place during business hours is a goods vehicle being so parked solely for the loading or unloading of goods, paragraph (1) of this rule 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 in accordance with rule 21 of these rules for that disc parking place is subsequently lawfully parked in another disc parking place on the same day, it shall not be necessary, subject to compliance with paragraph 1 (b) and 1 (c) of this rule, to comply with paragraph 1 (a) of this rule.

21. (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 an authorised information plate accompanying traffic sign number 212 authorised by the Regulations of 1962.

(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 rule 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.

22. Where 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.

23. 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 rule 20 (1) (b) of these rules and rule 20 (1) (c) of these rules shall apply from such commencement in respect of such parking.

24. A vehicle which had been parked in a disc parking place shall not be parked again in a disc parking place in the public road in which that disc parking place is situated until at least one hour after the vehicle last vacated that disc parking place.

25. Parking discs shall be issued by a local authority.

26. The fee for a parking disc shall be 20p.

27. A vehicle which is parked in a disc parking place during business hours shall, where parking bays are provided at that disc parking place, be parked within the area comprising a parking bay.

28. A motor cycle or a pedal cycle shall not be parked during business hours in a disc parking place.

29. Rules 20 to 28 of these rules shall not apply to--

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

( b ) a fire brigade vehicle, an ambulance or a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member.

PART VI Parking Permits for Disabled Drivers

30. (1) This rule applies to a mechanically propelled vehicle the registered owner and the driver of which is a disabled person.

(2) A local authority may grant to a disabled person a permit in writing under this rule.

(3) Where a disabled person holds a permit under this rule, rules 6 (3) (b) (ii), rule 20 and rule 23 of these rules shall not apply to a specified vehicle parked by such a person.

(4) Where a disabled person holds a permit under this rule, a parking restriction imposed by paragraph (3) (b) (i) of rule 6 of these rules shall not apply to the parking by that person of the specified vehicle.

(5) The following provisions apply to a permit under this rule:

(i) application for the permit shall be made in writing to a local authority in respect of the parking of the specified vehicle in the functional area of such local authority,

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

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

(6) In this rule--

"disabled person" means a person who, is suffering from a permanent disability that prevents the person from walking or causes undue hardship to the person in walking;

"specified vehicle" means a mechanically propelled vehicle the registered owner of which is a disabled person.

PART VII Parking Disc for Residents

31. In this part of these rules--

"owner" means a resident by whom a vehicle is habitually kept and used;

"resident" means a person whose normal residence is at premises situated in a street containing a disc parking place;

"resident's parking disc" means a document issued by a local authority for the purposes of rules 32 to 38 and containing the particulars specified in rule 33;

"valid resident's parking disc" means a resident's parking disc which relates to a particular street or streets and to a period which has not expired and which is issued by the local authority in whose functional area the vehicle on which the disc is displayed is parked.

"vehicle" means a private motor car, a station wagon or a passenger vehicle having accommodation for not more than seven passengers excluding the driver;

32. Rules 19 to 30 (other than rule 27) of these rules shall not apply to the parking of a vehicle in a disc parking place if there is displayed, in accordance with rule 35 of these rules, in the vehicle when it is so parked, a valid resident's parking disc which relates to the street in which that disc parking place is situated.

33. A resident's parking disc shall contain the following particulars--

( a ) the name of the local authority by whom it is issued,

( b ) the name and address of the resident to whom it is issued,

( c ) the make and registration number of the vehicle in respect of which it is issued,

( d ) the date of issue,

( e ) the street of streets to which it relates,

( f ) the period to which it relates, including the date of expiry,

( g ) a copy of the signature, and the description, of the officer of the local authority issuing it.

34. The display, in accordance with rule 35 of these rules of a valid resident's parking disc on the vehicle in respect of which the disc was issued, shall permit the owner of the vehicle (or any person using it with his consent) to park it without limitation as to time in a disc parking place in a street to which the disc relates.

35. A valid resident's parking disc shall be so displayed in the interior of the vehicle in respect of which it is issued that it can be read from outside the vehicle.

36. Where a vehicle displaying a valid resident's parking disc is parked in a disc parking place a person shall not interfere with the disc.

37. (1) A resident's parking disc shall be issued by a local authority in respect of the parking of a vehicle in a disc parking place in the functional area of such local authority.

(2) The fee for a resident's parking disc shall be £35.

(3) On payment of the fee referred to in paragraph (2) of this rule, an owner shall be issued, by a local authority with a resident's parking disc, valid for a period of one year from the date of issue, in respect of the vehicle of which he is the owner and for the street or streets to which the disc relates.

38. (1) Where, during the period to which a resident's parking disc relates, the resident to whom it is issued ceases to reside at the address specified on the disc or ceases to be an owner by disposing of the vehicle to which the disc relates, he shall return it (addressed to the person a copy of whose signature appears on it) to the local authority by whom the disc was issued.

(2) Where, during the period to which a resident's parking disc relates, the resident to whom it is issued disposes of the vehicle to which the disc relates and substitutes another vehicle for the one disposed of, he shall return the disc (addressed to the person a copy of whose signature appears on it) to the local authority by whom the disc was issued which, upon payment of a fee of 25p by the resident, shall either insert the make and registration number of the substituted vehicle on the disc or issue to the resident a new disc in respect of that vehicle, and such new disc shall be valid for the period specified.

PART VIII Bus Lanes

39. (1) A person shall not enter a with-flow bus lane with a vehicle other than an omnibus or a pedal cycle during the period indicated by means of an information plate of the type authorised by article 5 (2) of the bus lane regulations.

(2) A person shall not enter a contra-flow bus lane with a vehicle other than an omnibus.

(3) A person shall not enter a bus-only street with a vehicle other than an omnibus except for the purpose of access.

(4) ( a ) Paragraphs (1) and (2) of this rule shall not apply to a vehicle entering a with-flow bus lane or a contra-flow bus lane solely for the purpose--

(i) of entering or leaving premises or property adjacent to such a bus lane, or

(ii) of entering or leaving a road inset adjacent to such a bus lane in order to load or unload goods.

( b ) Paragraph (1) of this rule does not apply to a licensed public hire vehicle which is being used in the course of business as a public hire vehicle and which bears a roof sign clearly indicating that the vehicle is a street service vehicle.

40. (1) A person shall not park a vehicle in a contra-flow bus lane.

(2) A person shall not park a vehicle in a with-flow bus lane during the period indicated by means of an information plate of the type authorised by article 5 (2) of the bus lane regulations.

(3) A person shall not park a vehicle other than an omnibus in a bus-only street except for access.

(4) Paragraph (2) of this rule shall not apply to a licensed public hire vehicle which bears a roof sign clearly indicating that the vehicle is a street service vehicle and which is parked merely while picking up or setting down passengers in the course of its use as a public hire vehicle.

41. This Part does not apply to--

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

( b ) a fire brigade vehicle, an ambulance or a vehicle being used by a member of the Garda Síochána in the performance of his duties as such member.

PART IX Miscellaneous

42. (1) A person shall not deposit goods on a roadway or footway, except where necessary either because of a fire, flood, accident or other emergency or because a vehicle is being lawfully loaded or unloaded.

2 ( a ) This paragraph of this rule applies to a container which contains, or is intended to contain, refuse, rubble or similar material and is so constructed as to be capable of being attached to, or lifted by, a vehicle to facilitate the removal of the container from a roadway or footway.

( b ) A person shall not deposit, or allow to remain, a container to which this paragraph applies, on a roadway or footway during a period when vehicles are required to be lighted unless the container is so lighted as to be clearly visible, and does not cause any danger to other road users.

( c ) A person shall not deposit, or allow to remain, a container to which this paragraph applies, on a clearway at a time which is a clearway period for that roadway, or on a footway adjoining a clearway at such a time.

(3) Where a person deposits goods on a roadway or footway while lawfully loading or unloading a vehicle, he shall take all reasonable precautions to prevent the goods from causing obstruction or avoidable inconvenience to traffic or pedestrians using the roadway or footway, and shall not allow the goods to remain on the roadway or footway for longer than is necessary for the purpose of the loading or unloading.

(4) This rule shall not apply to the placing of bins or other receptacles containing refuse on a roadway or footway on a day on which such refuse is usually collected from the public road concerned, but a person placing a bin or other such receptacle on a roadway or footway on such a day shall take all reasonable precautions to prevent obstruction or avoidable inconvenience to traffic or pedestrians using the roadway or footway.

43. (1) Persons awaiting admission to a place of entertainment or amusement or to some other place to which the public resort (whether on payment of money or otherwise) shall, should the entrance to such place form part of or be situate on a roadway or footway, form a queue at or near the entrance and in such manner as to avoid obstruction to pedestrians or vehicles.

(2) A person in a queue formed in accordance with this rule shall comply with a direction relating to the queue and made by a member of the Garda Síochána in uniform or by an employee from the place.

44. (1) Persons awaiting admission to street service vehicles at appointed stands for such vehicles shall form a queue at or near the head of the appointed stand in such a manner as to avoid obstruction to pedestrians or vehicles.

(2) A person in a queue formed in accordance with this rule shall comply with a direction relating to the queue made by a member of the Garda Síochána in uniform.

SCHEDULE

Business Hours

GIVEN under my hand, this 28th day of June, 1985.

L. WREN,

Commissioner of the

Garda Síochána.

The Minister for the Environment hereby consents to the making of the foregoing temporary rules.

GIVEN under the Official Seal of the Minister for the Environment, this

29th day of June, 1985.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

1. These rules operate in lieu of all existing bye-laws and rules in the county borough and county of Kerry.

2. Part II of the rules provides for and outlines the prohibitions, restrictions, requirements and conditions relating to the parking of vehicles on public roads.

3. Part III of the rules provides for and outlines the prohibitions, restrictions and requirements relating to traffic and pedestrians on public roads.

4. Part IV of the rules provides for a prohibition on the stopping or parking of vehicles for any purpose (unless exempted) during clearway periods. It also provides for pedestrianisation of streets and for loading bays.

5. Part V of the rules provides for disc 'fee' parking facilities.

6. Part VI of the rules provides for a disabled drivers' permit scheme.

7. Part VII of the rules provides for a residents' parking disc scheme.

8. Part VIII of the rules provides for with-flow bus lanes, contra-flow bus lanes and bus-only streets and for access by taxis, displaying appropriate roof signs, to with-flow bus lanes.

9. Part IX of the rules prohibits the depositing of goods on roadways or footways (unless in the circumstances outlined), and provides for the formation of queues outside places of entertainment or places to which the public resort and at appointed 'taxi' stands.