S.I. No. 108/1968:

KILKENNY PARKING TEMPORARY RULES, 1968.

KILKENNY PARKING TEMPORARY RULES, 1968.

Arrangement of Temporary Rules.

1. Short title.

2. Commencement.

3. Interpretation.

4. Parking places.

5. Parking restrictions in portions of certain streets.

6. Parking prohibitions in portions of certain streets at specified times.

7. Temporary restrictions on parking in certain streets.

8. General restrictions on parking.

9. Parking at Bus Stops and Stands.

10. Savers.

S.I. No. 108 of 1968.

KILKENNY PARKING TEMPORARY RULES, 1968.

I, PATRICK CARROLL, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by sections 90 (7) and 90 (8) 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 borough of Kilkenny:--

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

2. These rules shall come into operation on the 20th day of May, 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,

Good Friday,

Easter Monday,

the First Monday in June,

the First Monday in August,

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

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

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

"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 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 Thursday, the period from 8.30 a.m. to 6.30 p.m.,

( b ) on a Thursday, 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 sign" has the meaning assigned to it by section 95 of the Act;

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

"weekday" means any day other than a Sunday or a holiday.

(2) In these rules 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 borough of Kilkenny 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 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 the space within fifteen feet thereof 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 ) 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 over the roadway more than 18 inches from the kerb;

( c ) where the said Schedule requires vehicles in a parking place to be parked in 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 bicycle without a side-car) 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 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.

( e ) where the said Schedule requires vehicles in a parking place to be parked in 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;

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

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

provided that, in a street where traffic is permitted to proceed in both directions, clauses (i) and (iii) 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, and that in a street where traffic is required to proceed in one direction only clauses (i) and (iii) shall apply only to the side of the pedestrian crossing or pedestrian lights from which traffic is required to approach the crossing or lights.

(4) 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 vehicle 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 portion of a street mentioned in column (3) of Part I of the Third Schedule to these rules.

(2) Notwithstanding paragraph (1) a vehicle may be parked in any portion of a street mentioned in column (3) of Part I 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) No person shall park a vehicle (other than a bicycle without a side-car) for any period at any time in any street or portion of a street mentioned in column (3) of Part 2 of the Third Schedule to these rules.

(2) Notwithstanding paragraph (1) a vehicle may be parked in any street or portion of a street mentioned in column (3) of Part 2 of the said Schedule 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.

7. (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 street or specified portion of that street shall be deemed to be included in Part 1 or 2 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 street or portion of a street as if it were included in Part 1 or 2 of the said Schedule in respect of the days and times specified in the direction.

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

8. (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 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;

( b ) 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;

provided that the restriction on parking imposed by this subparagraph shall not apply to the parking of a vehicle in a road inset;

( c ) 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;

( d ) where a vehicle is parked on a roadway--

it shall be so parked that the distance between the portion of the vehicle nearest to the edge of the roadway and the edge is not more than 18 inches;

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

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

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

( h ) where pedestrian lights are provided, no person shall park a vehicle (other than a pedal bicycle) within thirty feet of the pedestrian lights; provided that the restriction on parking imposed by this subparagraph shall not apply to a vehicle which is halted merely while the passengers are entering it or leaving it or 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 pedestrian lights;

( i) 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;

( j ) a person shall not park a vehicle (other than a bicycle without a side-car) 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 of the type authorised by Article 12 of the Road Traffic (Signs) Regulations, 1962;

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

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

( m ) 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;

( n ) 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;

( o ) 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 ( S.I. No. 56 of 1964 ).

(2) The restrictions on parking imposed by paragraph (1) (g) and paragraph (1) (h) 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 on which traffic approaching the pedestrian crossing or pedestrian lights is required to proceed and in a street where traffic is required to proceed in one direction only the said restrictions on parking shall apply only to the side of the pedestrian crossing or pedestrian lights from which traffic is required to approach the crossing or lights.

(3) The restrictions on parking imposed by paragraph (1) (g) and paragraph (1) (h) shall not apply to the parking of a vehicle on a service road where a pedestrian crossing or pedestrian lights is not or are not (as the case may be) provided on the service road.

(4) Paragraph (1) (l) shall not apply in a case where, while parked or within a reasonable time before the parking the vehicle had been damaged in an accident or had had a breakdown and in order to enable the vehicle to be moved from the public road it was necessary to carry out the repairs.

9. 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.

10. (1) The provisions of these rules restricting parking shall be construed and shall operate as restrictions additional to and not in substitution for any restriction, limitation or prohibition of parking for the time being imposed by law, and nothing in these rules shall be construed or operate so as to create or confer any right to park a vehicle.

(2) Articles 5 to 8 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 or 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 UNLIMITED PERIODS.

SECOND SCHEDULE

PARKING PLACES WHERE PARKING IS LIMITED TO ONE HOUR

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 I.

DURING THE RELEVANT HOURS.

THIRD SCHEDULE--

PART 2.

AT ANY TIME.

   GIVEN under my hand this 27th day of April 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 10th day of May, 1968.

CAOIMHGHÍN Ó BEOLÁIN,

Aire Rialtais Áitiúil.

EXPLANATORY NOTE.

1. These rules shall operate in lieu of Kilkenny Traffic (Parking and Waiting) Bye-Laws, 1941 (S.R. & O. 1941 No. 322).

2. The First Schedule delimits parking places.

3. The Second Schedule delimits parking places where parking of vehicles is limited to one hour during the relevant hours.

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

5. Part 2 of the Third Schedule delimits portions of streets in which parking is prohibited at any time except while taking up or setting down passengers or loading or unloading goods.

6. Rule 9 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.