S.I. No. 317/1989:

TOWN OF MULLINGAR PAY AND DISPLAY DISC PARKING TEMPORARY RULES, 1989

TOWN OF MULLINGAR PAY AND DISPLAY DISC PARKING TEMPORARY RULES, 1989

ARRANGEMENT OF TEMPORARY RULES.

1. Citation.

2. Commencement.

3. Definitions.

4. Area of application.

5. Fee for pay and display disc parking disc.

6. Manner of payment of parking fee.

7. Obligation to display valid pay and display parking disc.

8. Period of parking in pay and display disc parking place.

9. Interference with pay and display disc parking machine.

10. Prohibition on parking of motor cycles and pedal cycles in pay and display disc parking places.

11. Obligation to park in parking bays.

12. Restriction of Rules 5 to 15 (other than Rule 9).

13. Exclusion of application of Rules 5 to 8 to disabled person.

14. Breakdown of pay and display disc parking machine.

15. Suspension of pay and display disc parking place.

S.I. No. 317 of 1989.

TOWN OF MULLINGAR PAY AND DISPLAY DISC PARKING TEMPORARY RULES, 1989.

I, EUGENE CROWLEY, Commissioner of the Garda Siochana, 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) (as adapted by 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 town of Mullingar:

1. These Rules may be cited as the Town of Mullingar Pay and Display Disc Parking Temporary Rules, 1989.

2. These Rules shall come into operation on the 8th day of December, 1989.

3. In these Rules--

"agent of the local authority" means an officer or servant of the local authority or any other person authorised by the local authority to carry out functions under these Rules;

"appropriate pay and display disc parking machine" means a pay and display disc parking machine which is situated in or at a pay and display disc parking place;

"authorised person" has the meaning assigned to it by section 103(8) (inserted by section 64 of 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 9.30 a.m. to 5.30 p.m. on a weekday which is not a holiday;

"disc parking place" has, for the purpose of these Rules, 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;

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

"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 place" means a plate of the type authorised by the described in paragraph 4 of Part VI of the First Schedule to the Regulations of 1962;

"local authority" means the council of the county of Westmeath or the Commissioners of the town of Mullingar;

"parking bay" means an 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);

"pay and display parking disc" means a disc or document or a combination of both issued by the local authority by means of a pay and display disc parking machine;

"pay and display disc parking machine" means a machine provided by the local authority designed to deliver automatically a pay and display parking disc when the fee prescribed in Rule 5 of these Rules is paid in the manner described in Rule 6 of these Rules;

"pay and display disc parking place" means a disc parking place in or at which one or more pay and display disc parking machines are provided;

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

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

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

"valid pay and display parking disc", means, in relation to the parking of a vehicle at a pay and display disc parking place, a pay and display parking disc which--

( a ) indicates the name of the issuing local authority,

( b ) indicates the year, month, day in the month and the time of the commencement of a period of parking;

( c ) indicates the fee paid,

( d ) indicates no other year, month, day in the month or time of the day or fee and

( e ) indicates such other relevant information as the local authority may deem appropriate,

in respect of which the permitted period of parking of the vehicle at that pay and display disc parking place, calculated on the basis of the time of commencement of the period of such parking as stated on such pay and display parking disc and of the maximum parking period for such pay and display disc parking place indicated there by means of an authorised information plate accompanying traffic sign number 212 authorised by the Regulations of 1962, has not expired.

4. These Rules shall apply to all pay and display disc parking places in the town of Mullingar.

5. The fee for a pay and display parking disc shall be 20p.

6. The fee shall be paid by the insertion of the appropriate amount as required in Rule 5 of these Rules in 5p, 10p or 20p coins into pay and display disc parking machine.

7. (1) Subject to Rule 8 of these Rules and to paragraphs (2), (3) and (4) of this Rule, where a vehicle is parked in a pay and display disc parking place during business hours there shall be exhibited in the interior of the vehicle a valid pay and display parking disc in such a manner that a person outside the vehicle can clearly read the particulars shown on the disc and the disc shall be so exhibited for so long as the vehicle is parked in that disc parking place during business hours.

(2) A person shall not display more than one valid pay and display parking disc in a vehicle at the same time.

(3) 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 parking.

(4) Notwithstanding any other provision of these Rules a vehicle may be parked during business hours in a pay and display disc parking place for a period not exceeding three minutes without compliance with paragraph (1) of this Rule while the driver of (or a passenger in) the vehicle is obtaining a pay and display parking disc from a pay and display disc parking machine in that pay and display disc parking place.

8. (1) A vehicle parked in a pay and display disc parking place during business hours shall not be so parked for longer than the period, commencing at the time indicated on a valid pay and display parking disc exhibited on the vehicle, indicated as the maximum parking period for that pay and display disc parking place by means of an authorised information plate accompanying traffic sign number 212 authorised by the Regulations of 1962.

(2) A vehicle which has been parked during business hours in a pay and display disc parking place shall not be so parked again during business hours in that pay and display parking place until at least one hour after the vehicle had last vacated that pay and display disc parking place.

(3) A vehicle parked at a pay and display disc parking place at a time not during business hours shall be removed when a period of business hours commences unless at such commencement and during the remainder of the period of parking a valid pay and display disc parking disc is exhibited in the interior of the vehicle in accordance with Rule 7 of these Rules.

9. (1) A person shall not insert into a pay and display disc parking machine any coin other than the coins specified for the payment of a fee prescribed by Rule 6 of these Rules.

(2) A person shall not damage a pay and display disc parking machine.

(3) A person who is not an agent of the local authority, a member of the Garda Síochána in uniform, an authorised person or a traffic warden acting in the course of his duty shall not interfere with a pay and display disc parking machine.

10. A motor cycle or a pedal cycle shall not be parked during business hours in a pay and display disc parking place.

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

12. Rules 5 to 15 (other than Rule 9) 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, 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.

13. (1) Where a disabled person holds a valid permit granted by a local authority under the terms of bye-laws or temporary rules made by the Commissioner of the Garda Síochána under sections 89 or 90 (as amended by section 6 of the Road Traffic Act, 1968) of the Road Traffic Act, 1961 , in respect of the parking of a specified vehicle within the functional area of that local authority, the requirements of Rules 5 to 8 of these Rules shall not apply to the parking by that person of a specified vehicle in a pay and display disc parking place during business hours provided the permit is prominently displayed in the vehicle.

(2) In this Rule--

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

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

14. (1) Where an appropriate pay and display disc parking machine is out of order, Rules 5 to 8 of these Rules shall cease to have effect while the machine is out of order unless there is another pay and display disc parking machine in operation in respect of that pay and display disc parking place.

(2) A vehicle parked during business hours in a pay and display disc parking place in respect of which the appropriate pay and display disc parking machine is broken down and no other pay and display disc parking machine is in operation in that pay and display disc parking place shall not be parked for a period longer than the period indicated as the maximum parking period for that pay and display disc parking place by means of an authorised information plate accompanying traffic sign number 212 authorised by the Regulations of 1962.

15. (1) An agent of the local authority on receipt of a request from the Commissioner of the Garda Siochana shall suspend from operation all or such part of a pay and display disc parking place as may be indicated in such request.

The suspension of a pay and display disc parking place or such part thereof shall be indicated by the placing on the appropriate pay and display disc parking machine or machines, of a hood, sign or other device as specified in the Road Traffic (Signs) (Amendment) Regulations, 1969 ( S.I. No. 217 of 1969 ), or any amendments or additions thereto or by the temporary removal of the machine or machines and the erection of a sign indicating that the parking of vehicles is prohibited in the pay and display disc parking place or such part thereof.

(3) Where the suspension from operation of all or part of a pay and display disc parking place is indicated in the manner provided in paragraph (2) of this Rule, a person shall not park a vehicle in such pay and display disc parking place or where appropriate in the part thereof the suspension of which has been so indicated.

GIVEN under my hand, this 24th day of November, 1989.

E. C. CROWLEY,

Commissioner of the Garda Síochána.

The Minister for the Environment consents to the making of the foregoing Temporary Rules.

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

this 1st day of December, 1989.

PADRAIG FLYNN,

Minister for the Environment.