STATUTORY INSTRUMENTS

( S.I. NO. 295 OF 2002 )

DUNGARVAN APPOINTED STANDS (STREET SERVICE VEHICLES) BYE-LAWS, 2002.

Dublin

Published by the Stationery Office.

DUNGARVAN APPOINTED STANDS (STREET SERVICE VEHICLES)

BYE-LAWS 2002

ARRANGEMENT OF BYE-LAWS

I, Michael P. Byrne, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by section 84 (as amended by section 6 of the Road Traffic Act 1968 ( No. 25 of 1968 )) of S.I. No. 322 of 1997 )), with the consent of the Minister for the Environment and Local Government and after consultation with Dungarvan Town Council, make the following bye-laws in respect of the area comprising the town of Dungarvan.

Citation.

1.       These bye-laws may be cited as the Dungarvan Appointed Stands (Street Service Vehicles) Bye-Laws 2002.

Interpretation.

2.       In these bye-laws -

“Schedule” means the Schedule to these bye-laws.

“street” means a public road.

(2)      In these bye-laws --

(a)      a reference to the head of an appointed stand shall be construed as a reference to that end of the appointed stand from which the limits of the appointed stand are reckoned in column (3) of the Schedule;

(b)      a reference to the rear of an appointed stand shall be construed as a reference to that end of the appointed stand to which the limits of the appointed stand are reckoned in column (3) of the Schedule;

(c)      a reference to the order of street service vehicles at an appointed stand shall be construed as a reference to the order of the vehicles reckoned from the head of the appointed stand to the rear of the appointed stand.

Appointment of appointed stands.

3.       Subject to these Bye-laws, in each location mentioned in column (2) of the Schedule, each part of the roadway described in column (3) of the Schedule opposite the mention in column (2) of the location shall be available for use as an appointed stand without limitation as to time.

Position of vehicles at appointed stands.

4. (1)  A street service vehicle standing for hire at an appointed stand shall be placed -

(a)      within the limits of the appointed stand as specified in column (3) of the Schedule,

(b)      in the position specified in column (5) of the Schedule opposite the mention of the appointed stand in column (3) of the Schedule and,

(c)      in case there is no street service vehicle already at the appointed stand, at the head of the appointed stand or, in any other case, next in order and as near as practicable to the street service vehicle at the appointed stand.

(2)  A street service vehicle standing for hire at an appointed stand shall not be placed more than 45 centimetres from the kerb.

(3)  A street service vehicle shall be deemed for the purpose of these bye-laws not to be standing for hire at the appointed stand if it does not comply with this bye-law.

Maximum number of street service vehicles at appointed stands.

5.       The number of street service vehicles standing for hire at an appointed stand specified in column (3) of the Schedule at any reference number shall not exceed the number specified in column (4) of the Schedule at that reference number.

Vacancies at appointed stands.

6.       Whenever a street service vehicle vacates its position at an appointed stand it shall be replaced immediately by the street service vehicle (if any) next in order at the stand.

General provisions relating to appointed stands.

7.       The following provisions shall apply to street service vehicles standing for hire at an appointed stand:

(a)      a person shall not wash, overhaul or execute repairs to such a street service vehicle, except such repairs as may be necessary to enable the vehicle to be removed from the appointed stand,

(b)      the driver of such a street service vehicle shall comply with any directions given to him or her by a member of the Garda Síochána in relation to placing the street service vehicle at the appointed stand or in relation to bringing it into, or removing it from, the stand.

General restriction on street service vehicles standing for hire.

8.       A driver of a street service vehicle shall not stand the street service vehicle for hire in the town of Dungarvan otherwise than at an appointed stand and in accordance with these bye-laws.

SCHEDULE

PERMANENT APPOINTED STANDS

In exercise of the power conferred on the Minister for the Environment and Local Government by section 84 of the Road Traffic Act 1961 , I, Minister for the Environment and Local Government, consent to the making of the foregoing bye-laws.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These bye-laws -

(1)                provide stands for street service vehicles as indicated in the Schedule to these bye-laws;

(2)                outline the conditions subject to which street service vehicles may lawfully use the stands.

(3)                prohibit the driver of a street service vehicle from standing the vehicle for hire elsewhere than on an appointed stand in the town of Dungarvan.