S.I. No. 141/1968:

CORK PARKING TEMPORARY RULES, 1968.

CORK PARKING TEMPORARY RULES, 1968.

ARRANGEMENT OF TEMPORARY RULES.

1. Short title.

2. Commencement of temporary rules.

3. Interpretation.

4. Parking places.

5. Parking restrictions in portions of certain streets.

6. Temporary restrictions on parking in certain streets.

7. General restrictions on parking.

8. Parking at bus stops and stands.

9. Savers.

S.I. No. 141 of 1968.

CORK PARKING TEMPORARY RULES, 1968.

I, PATRICK CARROLL, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by section 90 (7) of the Road Traffic Act, 1961 (No. 24 of 1961), and with the consent of the Minister for Local Government, hereby make the following temporary rules in respect of the area comprising the county borough of Cork:--

1. These rules may be cited as the Cork Parking Temporary Rules, 1968.

2. These rules shall come into operation on the 29th day of June, 1968.

3. (1) In these rules--

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

"cycle track" means a part of a road designed for use only by pedal cycles, and in respect of which there is a traffic sign indicating that it is a cycle track;

"holiday" means any of the following days--

St. Patrick's Day or, if it falls on a Sunday, the following Monday,

Easter Monday,

Good Friday,

the first Monday in June,

the first Monday in August,

Christmas Day or, if it falls on a Sunday, the 27th December,

St. Stephen's Day or, if it falls on a Sunday, the following Monday,

or, whenever a day is appointed under the Public Holidays Act, 1924 (No. 56 of 1924), to be a bank holiday instead of any of those days, the day so appointed;

"lighting-up hours" has the meaning assigned to it by Article 3 of the Road Traffic (Lighting of Vehicles) Regulations, 1963 ( S.I. No. 189 of 1963 );

"pedestrian crossing" means a crossing for pedestrians on a roadway, which is indicated by means of traffic signs of the type authorised by Article 9 of the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ) as amended by Article 3 of the Road Traffic (Signs) (Amendment) Regulations, 1966 ( S.I. No. 233 of 1966 );

"pedestrian lights" means either of the types of mechanical signals authorised by Article 14 of the Road Traffic (Signs) Regulations, 1962;

"the relevant hours" means--

(a) on a weekday other than a Wednesday, the period from 8.30 a.m. to 6.30 p.m.,

(b) on a Wednesday, the period from 8.30 a.m. to 1 p.m.;

"road inset" means part of a roadway specially inset in the footway or road verge so as to afford parking space for vehicles on a part of the roadway other than that normally used by traffic passing along that roadway;

"service road" means a road which is--

(a) parallel to a road (in these rules called a " through road ") designed or intended to carry traffic going through a particular area or between two particular places, and

(b) constructed for traffic serving only a line of shops or houses set back from the through road;

"street" means a public road;

"traffic lights" means any of the types of mechanical signals authorised by Article 13 of the Road Traffic (Signs) Regulations, 1962;

"traffic sign" has the meaning assigned to it by section 95 of the Act; " weekday " means any day other than a Sunday or a holiday.

(2) A reference to goods being loaded into a vehicle shall be construed as including the supplying of fuel or oil for the operation of the vehicle.

(3) Every mention in these rules of the name of a street or other place shall be construed as referring to the street or place in the county borough of Cork which is known (whether by official name or by popular usage) by that name.

4. (1) (a) In a street or portion of a street named or referred to in column (2) of the First and Second Schedules to these rules, any place delimited in column (3) of the said Schedules opposite the mention in the said column (2) of such street shall be a parking place.

(b) Where premises fronting on a parking place mentioned in the said First or Second Schedule have an entrance specially designed to afford access for mechanically propelled vehicles or animal-drawn vehicles the portion of the street from which access to that entrance is obtainable shall be deemed to be excluded from the parking place.

(c) Where a parking place mentioned in the said First or Second Schedule includes a street junction, the street junction and a space extending fifteen feet from the street junction shall be deemed to be excluded from the parking place; provided that this subparagraph shall not apply where the street entering the street containing the parking place does not enter it on the side on which the parking place is situate.

(d) If traffic lights are provided the space between the traffic lights and roadway markings of the type authorised by Article 12 (h) of the Road Traffic (Signs) Regulations, 1962 (as amended by Article 3 of the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 )) shall be deemed to be excluded from the parking places mentioned in the said First and Second Schedules.

(2) The following provisions shall apply to the parking places mentioned in the First Schedule to these rules:--

(a) vehicles of the following classes shall not be parked in a parking place--

(i) any vehicle drawing another vehicle,

(ii) a vehicle having seating passenger accommodation for more than eight persons exclusive of the driver;

(b) no vehicle shall be parked in a parking place during the relevant hours for a continuous period exceeding nine hours;

(c) a vehicle shall be placed in a parking place in the position specified in column (4) of the said Schedule opposite the mention of the parking place in column (3) of that Schedule; provided that, in a parking place which has a kerb adjacent thereto a bicycle without a side-car may be parked parallel to the kerb if no part of the bicycle projects more than 18 inches from the kerb;

(d) where the said Schedule requires vehicles in a parking place to be parked in a single line by the kerb and parallel thereto or with rear or front to the kerb, no vehicle shall be parked more than eighteen inches from the kerb.

(3) The following provisions shall apply to the parking places mentioned in the Second Schedule to these rules:--

(a) a vehicle (other than a pedal cycle) shall not be parked in a parking place during the relevant hours for a continuous period which exceeds one hour;

(b) a vehicle which has been parked in and removed from a parking place during the relevant hours shall not be parked again in that parking place during the relevant hours within one hour after the time at which it was so removed therefrom;

(c) a bicycle without a side-car shall be parked parallel to the kerb and so that no part of the bicycle projects over the roadway more than eighteen inches from the kerb; provided that a bicycle without a side-car if it cannot be so parked may be parked on the roadway with its rear to the kerb and not more than eighteen inches from the kerb;

(d) a vehicle other than a vehicle referred to in subparagraph (c) shall be parked on the roadway in single line by and parallel to but not more than eighteen inches from the kerb, except in the case of a vehicle parked in a street or portion of a street where traffic signs (within the meaning of section 95 of the Act) indicate the position to be taken by such vehicle;

(e) during lighting-up hours, a mechanically propelled vehicle parked parallel to the kerb shall face in the direction in which traffic on the side of the street on which the vehicle is parked is required to proceed;

(f) where a parking place includes any of the following spaces, the space or spaces (as the case may be) shall be deemed to be excluded from the parking place:--

(i) a pedestrian crossing and the space within thirty feet thereof,

(ii) if pedestrian lights are provided, the space within thirty feet of the pedestrian lights,

(iii) if traffic lights are provided which do not involve the use of road detector pads, the space within one hundred and twenty feet of the lights,

(iv) if traffic lights are provided which involve the use of road detector pads, the space between the road detector pads and the traffic lights and the further space for a distance of twenty feet beginning on that side of the road detector pads furthest away from the traffic lights,

(v) a street junction and the space within fifteen feet thereof;

provided that, in a street where traffic is permitted to proceed in both directions clauses (i) and (ii) shall apply (as regards each approach to the pedestrian crossing or pedestrian lights) only to the side of the street on which traffic approaching the pedestrian crossing or pedestrian lights is required to proceed.

(4) The following provisions shall apply to the parking places mentioned in Part 2 of the Second Schedule to these rules:--

(a) the parking places opposite the mention of which in column (4) of the said Schedule the words "first day to the fifteenth day" appear shall be parking places from the first day to the fifteenth day of each month only;

(b) the parking places opposite the mention of which in column (4) of the said Schedule the words "sixteenth day to the last day" appear shall be parking places from the sixteenth day of each month to the last day thereof only.

(5) The following provisions shall apply to the parking places mentioned in the First and Second Schedules to these rules:--

(a) a vehicle, while parked in a parking place, shall not be used for the sale of goods in or from the vehicle or as an office, nor shall any such vehicle be offered or displayed for sale or for hire, or as a prize;

(b) a vehicle shall be placed in a parking place so that--

(i) the whole of the vehicle is within the limits of the parking place, and

(ii) no part of the vehicle is within an area deemed by these rules to be excluded from the parking place; provided that portion of the vehicle or an attachment thereto may project over a footway but not so as to interfere with the free movement of pedestrians on the footway;

(c) (i) no person shall overhaul or execute repairs to a vehicle while it is parked in a parking place,

(ii) it shall be a good defence to a charge of contravention of clause (i) to show that while parked or within a reasonable time before the parking the vehicle had been damaged in an accident or had had a breakdown and that in order to enable it to be moved from the public road it was necessary to carry out the repairs;

(d) neither the driver of a vehicle which is parked in a parking place nor any other person shall make any unnecessary noise by means of or in relation to the vehicle or the engine or any equipment, fittings or instruments fitted to or carried on the vehicle or any loudspeaker in or on or in any way connected with the vehicle;

(e) the driver of a vehicle which is parked in or being brought into or removed from a parking place shall comply with any traffic sign relating to such parking place and with all directions given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle in the parking place or the bringing of the vehicle into or the removal of the vehicle from the parking place, and in particular, a direction to change the position of the vehicle in the parking place;

(f) a member of the Garda Síochána in uniform may require the driver of a vehicle to remove it from a parking place in order to ease the flow of traffic or to afford access to premises, and the driver shall comply with any such requirement;

(g) notwithstanding any other provision of this rule restricting the classes of vehicles which may be parked in a parking place or the conditions subject to which a vehicle may be parked in a parking place, a vehicle may be parked in a parking place in the following circumstances--

(i) where the vehicle is halted merely while passengers are entering it or leaving it, or

(ii) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises, or unloaded from the vehicle into premises, being (in each case) premises fronting on or adjacent to the place where the vehice is parked.

5. (1) No person shall park a vehicle (other than a bicycle without a side-car) for any period during the relevant hours in any street or portion of a street referred to in column (3) of Part 1 or Part 2 of the Third Schedule to these rules.

(2) (a) From the first day to the fifteenth day of each month paragraph (1) shall apply to the portion, only, of a street opposite the mention of which there appear in column (4) of Part 2 of the said Schedule the words "first day to the fifteenth day".

(b) From the sixteenth day to the last day of each month paragraph (1) shall apply to the portion, only, of a street opposite the mention of which there appear in column (4) of Part 2 of the said Schedule the words "sixteenth day to the last day".

(3) Notwithstanding paragraph (1) a vehicle may be parked in any portion of a street referred to in column (3) of Part 1 and Part 2 of the Third Schedule to these rules in the following circumstances--

(a) where the vehicle is halted merely while passengers are entering it or leaving it, or

(b) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises or unloaded from the vehicle into premises, being (in each case) premises fronting on or adjacent to the place where the vehicle is parked.

6. (1) In respect of an occasion on which, because of an event which is likely to attract a large number of persons or because of constructional work in progress in the vicinity or some similar circumstance, traffic in a particular street is likely to encounter unusual difficulties, and in a case where it is necessary to take urgent measures in order to deal with traffic congestion in a particular street caused by the parking of vehicles, an authorised officer may, by notice in writing addressed to the road authority responsible for the maintenance of that street, direct that for a specified period a specified portion of that street shall be deemed to be included in Part 1 of the Third Schedule to these rules in respect of such days and times as may be specified in the direction.

(2) On the giving of a direction under this rule the following provisions shall apply:--

(a) traffic signs shall be provided by the road authority concerned indicating the portion of a street to which the direction applies and shall, where necessary, be accompanied by informative notices indicating the days and times in respect of which the direction applies;

(b) so long as the said traffic signs (and informative notices, if any) are provided these rules shall apply to the said portion of a street as if it were included in the said Schedule in respect of the days and times specified in the direction, and as if the words "during the relevant hours" in rule 5 of these rules did not apply thereto by virtue of that rule.

(3) In this rule "authorised officer" means an officer of the Garda Síochána authorised by the Commissioner under section 95 (19) of the Act.

7. (1) The following provisions shall apply and have effect in relation to the parking of vehicles in streets at places which are not parking places:--

(a) no person shall park a vehicle at a place which is an appointed stand for street service vehicles;

(b) no person shall park a vehicle in a place or position or in such manner as will obstruct, delay or interfere with the entrance to or exit from a fire brigade station or ambulance station maintained by a local authority;

(c) no person shall park a vehicle (other than a pedal bicycle) at or near a street junction in such a position that the vehicle or any part of it is, where traffic signs marking traffic lanes are not provided on the roadway of the street at an approach to the street junction on the street junction or a space extending fifteen feet from the street junction;

(d) no person shall park a vehicle in a street in such a place, position or manner that there is not sufficient space for the full movement of the normal flow of vehicular traffic through the street;

(e) where a vehicle is parked on the roadway--

(i) in the case of a bicycle used without a side-car it shall, where it does not project more than eighteen inches over the edge of the roadway, be parked parallel to the edge of the roadway,

(ii) in the case of a bicycle used without a side-car it shall, where it projects more than eighteen inches over the roadway, be parked with its rear or front to the edge of the roadway,

(iii) in any case not provided for in clause (i) or (ii) a vehicle shall be parked not more than eighteen inches from the edge of the roadway and (save where it is necessary to park it in a different position while goods are being loaded into or on to the vehicle from premises or unloaded from the vehicle into premises, being (in each case) premises fronting on or adjacent to the place where the vehicle is parked) it shall be parallel to the edge of the roadway,

(iv) a mechanically propelled vehicle parked parallel to the kerb shall, during lighting-up hours, face in the direction in which traffic on the side of the street in which the vehicle is parked is required to proceed;

(f) a pedal bicycle may be parked on a footway provided that it does not interfere with the free movement of pedestrians on the footway;

(g) subject to subparagraph (f) no vehicle shall be parked so that--

(i) it rests wholly or partly on a footway, or

(ii) portion of the vehicle projects over the footway so as to interfere with the free movement of pedestrians on the footway;

(h) no person shall park a vehicle on a pedestrian crossing;

(i) no person shall park a vehicle (other than a pedal bicycle) within thirty feet of a pedestrian crossing;

(j) where pedestrian lights are provided, no person shall park a vehicle (other than a pedal bicycle) within thirty feet of the pedestrian lights;

(k) where traffic lights are provided which do not involve the use of road detector pads, no person shall park a vehicle (other than a pedal bicycle) within one hundred and twenty feet of the traffic lights;

(l) where traffic lights are provided which involve the use of road detector pads, no person shall park a vehicle (other than a pedal bicycle) between the road detector pads and the traffic lights or for a further distance of twenty feet beginning on that side of the road detector pads furthest away from the traffic lights;

(m) save with the consent of the occupier of the premises referred to in this subparagraph no person shall park a vehicle so as to obstruct an entrance to premises specially designed to afford access to mechanically propelled or animal-drawn vehicles;

(n) a person shall not park a vehicle (other than a pedal bicycle) on a stretch of roadway having not more than two traffic lanes and on the centre of which there is provided a continuous white line as authorised by Article 12 of the Road Traffic (Signs) Regulations, 1962;

(o) no person shall park a vehicle (except a pedal bicycle) on a cycle track;

(p) a person shall not overhaul or execute repairs to a vehicle which is parked in a street;

(q) neither the driver of a vehicle which is parked nor any other person shall make any unnecessary noise by means of or in relation to the vehicle or the engine or any equipment, fittings or instruments fitted to or carried on the vehicle or any loudspeaker in or on or in any way connected with the vehicle;

(r) the driver or other person in charge of a vehicle shall comply immediately with all directions given to him by a member of the Garda Síochána in uniform in relation to the parking of the vehicle or the removal of the vehicle from the place where it is parked;

(s) no person shall park a vehicle (other than a pedal bicycle) between traffic lights and roadway markings of the type authorised by Article 12 (h) of the Road Traffic (Signs) Regulations, 1962 as amended by Article 3 of the Road Traffic (Signs) (Amendment) Regulations, 1964 (No. 56 of 1964).

(2) The restrictions on parking imposed by paragraphs (1) (i) and (1) (j) shall, in a street where traffic is permitted to proceed in both directions, apply (as regards each approach to the pedestrian crossing or pedestrian lights) only to the side of the street in which traffic approaching the pedestrian crossing or pedestrian lights is required to proceed.

(3) The restrictions on parking imposed by paragraphs (1) (k) and (1) (l) shall not apply except within fifteen feet of a street junction to prohibit the parking of a vehicle in the following circumstances:--

( a ) where the vehicle is halted merely while passengers are entering it or leaving it, or

( b ) where the vehicle is halted merely while goods are being loaded into or on to the vehicle from premises or unloaded from the vehicle into premises, being (in each case) premises fronting on or adjacent to the place where the vehicle is parked.

(4) The restrictions on parking imposed by paragraphs (1) (c) and (1) (i) to (1)(l) shall not apply to the parking of a vehicle in a road inset.

(5) The restriction on parking within fifteen feet of a street junction imposed by paragraph (1) (c) shall not apply to the parking of a vehicle on a service road.

(6) The restrictions on parking imposed by paragraphs (1) (i) to (1) (l) shall not apply to the parking of a vehicle on a service road where the pedestrian crossing, pedestrian lights or traffic lights is not or are not (as the case may be) provided on the service road.

(7) It shall be a good defense to a charge of contravention of paragraph (1) (p) to show that while parked or within a reasonable time before the parking the vehicle had been damaged in an accident or had had a breakdown and that in order to enable the vehicle to be moved from the public road it was necessary to carry out the repairs.

8. For the purpose of bye-law 10 of the Omnibus (Stopping Places and Stands) General Bye-Laws, 1962 ( S.I. No. 122 of 1962 ), (which prohibits, subject to exceptions, the parking of a vehicle other than an omnibus within markings provided under section 86 (9) of the Act in the vicinity of a stopping place or stand) the periods during which a vehicle may be parked within such markings while goods are being loaded into or on to the vehicle or unloaded from the vehicle shall be all periods.

9. (1) Nothing in these rules shall be construed or operate so as to create or confer any right to park a vehicle.

(2) Articles 4 to 7 of these rules shall not apply to--

( a ) a street service vehicle standing for hire in an appointed stand or an omnibus standing in a stand or stopping place for omnibuses directed (in each case) by notice under section 85 of the Act;

( b ) any vehicle which is being used in connection with--

(i) the removal of any obstruction to traffic,

(ii) the maintenance, improvement or reconstruction of any street or part of a street,

(iii) the provision, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water, electricity, or of any telegraphic or telephonic line;

( c ) a fire engine or ambulance or any vehicle in the service of the Garda Síochána while being used in pursuance of statutory powers or duties, or

( d ) any vehicle parked because the driver is prevented from proceeding by circumstances beyond his control or because such parking is necessary in order to avoid an accident.

FIRST SCHEDULE.

PARKING PLACES FOR NINE HOURS.

SECOND SCHEDULE

PARKING PLACES WHERE PARKING IS LIMITED TO ONE HOUR

PART 1--

ALL WEEKDAYS

SECOND SCHEDULE

PART 2--

ALTERNATE

THIRD SCHEDULE

STREETS OR PORTIONS OF STREETS IN WHICH PARKING IS PROHIBITED EXCEPT WHILE TAKING-UP OR SETTING DOWN PASSENGERS OR LOADING OR UNLOADING GOODS.

PART 1--

DURING THE RELEVANT HOURS

THIRD SCHEDULE

PART 2

--ALTERNATE

GIVEN under my hand this 19th day of June, 1968.

(Signed) PATRICK CARROLL,

Commissioner of the Garda Síochána.

I hereby consent to the making of the foregoing temporary rules.

GIVEN under my Official Seal this 21st day of June, 1968.

CAOIMHGHÍIN Ó BEOLÁIN,

Aire Rialtais Áitiúil.

EXPLANATORY NOTE.

(1) These rules shall operate in lieu of the Cork Parking Bye-Laws, 1963 ( S.I. No. 158 of 1963 ).

(2) The First Schedule delimits parking places where parking of vehicles is limited to nine hours. Certain classes of vehicles are excluded from these parking places.

(3) (a) Part 1 of Second Schedule delimits parking places where parking of vehicles is limited to one hour during the relevant hours.

(b) Part 2 of this Schedule delimits parking places where parking of vehicles is limited to one hour, on the dates mentioned in column (4) of that part of the Schedule.

(4) (a) Part 1 of Third Schedule delimits portions of streets in which parking of vehicles (other than pedal bicycles) is prohibited during the relevant hours (i.e. from 8.30 a.m. to 6.30 p.m. on any week-day other than a Wednesday and from 8.30 a.m. to 1 p.m. on Wednesday) except while taking up or setting down passengers or loading or unloading goods.

(b) Part 2 of that Schedule delimits portions of streets in which parking of vehicles (other than pedal bicycles) is prohibited during the relevant hours (i.e. from 8.30 a.m. to 6.30 p.m. on any week-day other than a Wednesday and from 8.30 a.m. to 1 p.m. on Wednesday) on the dates mentioned in column (4) of that part of the Schedule except while taking up or setting down passengers or loading or unloading goods.

(5) Rule 7 imposes general restrictions on parking of vehicles in streets in the County Borough which are not parking places.

(6) Rule 8 provides that vehicles may be parked in the vicinity of an omnibus stopping place or stand at all periods while goods are being loaded into or on to the vehicle or unloaded from the vehicle.