PART VI

Regulation of Traffic

Regulations for general control of traffic and pedestrians.

35. —(1) The Minister may make regulations for the general regulation and control of traffic (including the parking of vehicles) and pedestrians in public places.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) specifying rules for the use of roads by traffic and pedestrians;

(b) requiring traffic to proceed in a specified direction only or to proceed along a specified side of the roadway or, in the case of dual or multiple carriageways, along a specified carriageway;

(c) assigning different parts of the road to different traffic (including pedal cycles) and pedestrians;

(d) prohibiting or restricting traffic or specified traffic from using a specified road or specified parts of the road (including footways or parts of the road reserved for pedal cycles);

(e) specifying rights of priority of passage for traffic;

(f) specifying the courses to be taken by traffic at road junctions;

(g) regulating and controlling the stopping, reversing, turning and overtaking of vehicles;

(h) prohibiting or regulating and controlling the driving of mechanically propelled vehicles and pedal cycles in relation to animals or animal-drawn traffic;

(i) prohibiting or regulating and controlling the driving or leading of animals;

(j) regulating and controlling the conduct of pedestrians on roads and specifying the respective rights of priority of traffic and pedestrians on roads;

(k) specifying rules for the parking of vehicles in public places;

(l) specifying, or authorising specified road authorities by resolution to specify, the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period;

(m) specifying the places in which the parking of vehicles may be prohibited or restricted;

(n) prohibiting or restricting the loading or unloading of goods on, through or across any part of a road;

(o) requiring specified signals to be given by persons in charge of traffic to indicate their intentions;

(p) the control of traffic and pedestrians by members of the Garda Síochána;

(q) the control and regulation of traffic and pedestrians by means of traffic signs in relation to which regulations (including regulations as to the significance to be attached to those signs) are for the time being in force under section 95 (2) of the Principal Act;

(r) specifying rules for the speed of traffic in specified circumstances;

(s) exempting specified classes of vehicles from specified provisions of regulations under this section and effecting identification of exempted vehicles.

(3) Different regulations may be made under this section—

(a) in respect of different classes of traffic, and

(b) for different circumstances, different areas and different classes of roads.

(4) The making of a resolution pursuant to regulations under subsection (2) (l) shall be a reserved function.

(5) (a) A person who contravenes a regulation under this section shall be guilty of an offence.

(b) Where, in relation to the parking of a mechanically propelled vehicle, there is a contravention of a regulation under this section, each of the following persons shall be guilty of an offence—

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(6) (a) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

(b) Where a person charged with an offence under subsection (5) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

Parking of vehicles in parking places on public roads.

36. —(1) A road authority may make bye-laws for the control and regulation of the parking of vehicles in places specified in the bye-laws (in this section referred to as parking places) on public roads within their functional area and shall in the bye-laws provide for the payment of fees in respect of such parking.

(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) the specification of parking places;

(b) the payment of fees, including the manner and proof of payment (whether by means of a parking meter, the purchase and exhibition of a document, or otherwise) in respect of the parking of vehicles;

(c) the specification of the amount of any fees payable pursuant to bye-laws under paragraph (b);

(d) the specification of the maximum periods for which vehicles may be parked in specified parking places;

(e) the prohibition of the parking of vehicles in a parking place for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified;

(f) the prohibition of the parking of vehicles in a parking place for a longer period than that in respect of which a fee was paid;

(g) the specification of the classes of vehicles which may use a parking place in respect of which a fee is payable;

(h) the exemption of specified classes of vehicles from the payment of fees in respect of parking, the conditions under which specified classes of vehicles may be so exempted and the identification of exempted vehicles;

(i) that indications given by parking meters shall be treated as evidence until the contrary is shown of such facts and for such purposes as may be specified in the bye-laws.

(3) Before making bye-laws under this section (other than bye-laws relating to the fees to be paid in respect of the parking of vehicles), a road authority shall—

(a) consult with the Commissioner;

(b) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—

(i) indicating that it is proposed to make bye-laws under this section,

(ii) indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the draft bye-laws may be inspected,

(iii) stating that representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than 2 weeks after the end of the period for inspection), and

(iv) stating that a copy of the draft bye-laws may be purchased on payment of a fee not exceeding the reasonable cost of making such copies; and

(c) before deciding whether to make the bye-laws and determining their content, consider any observations made to them by the Commissioner or any representations made to them pursuant to paragraph (b)(iii).

(4) Different bye-laws may be made under this section—

(a) in respect of different areas within the functional area of a road authority,

(b) in respect of different classes of vehicles,

(c) for different circumstances, and

(d) in respect of different periods of time.

(5) The making of bye-laws under this section and the consideration of observations or representations under subsection (3)(c) shall be reserved functions.

(6) As soon as may be after the making of bye-laws under this section notice of their making and of the place where copies thereof may be purchased or inspected shall be published in Iris Oifigiúil and in one or more newspapers circulating in the area to which the bye-laws relate.

(7) The Minister may issue general guidelines to road authorities relating to the content of bye-laws under this section and may amend or cancel any guidelines under this subsection and, where any such guidelines are in force for the time being, bye-laws under this section shall be made by road authorities in accordance with the guidelines.

(8) (a) A person who contravenes a bye-law under this section shall be guilty of an offence.

(b) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under this section, each of the following persons shall be guilty of an offence—

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(9) (a) Where a person charged with an offence under subsection (8) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

(b) Where a person charged with an offence under subsection (8) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(10) In this section “parking meter” means an apparatus for collecting fees at a parking place and for indicating payment of such fees and the periods that have elapsed since they were paid.

(11) (a) Subject to paragraph (b), any fees under this section shall be disposed of in such manner as the road authority concerned may by resolution determine.

(b) The Minister may issue general guidelines to road authorities relating to the disposal of fees under this section and may amend or cancel any such guidelines and, where any such guidelines are in force for the time being, fees under this section shall be disposed of by road authorities in accordance with the guidelines.

(c) The making of a resolution pursuant to paragraph (a) shall be a reserved function.

(12) In any prosecution for an offence under this section, a parking meter at a parking place shall be presumed, until the contrary is shown by the defendant, to have been duly placed there under this section and to have been accurate and in good working order.

(13) The performance by a road authority of their functions under this section or under any bye-law thereunder shall not render the authority subject to any liability in respect of loss of or damage to any vehicle in a parking place or the contents of such vehicle.

Amendment of section 95 of Principal Act.

37. —Section 95, as amended by the Act of 1968, of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the substitution in the definition of “road regulation” of “roads” for “a road”; and

(ii) by the substitution of the following for the definition of “traffic sign”—

“‘traffic sign’ means any sign, device, notice or road marking, or any instrument for giving signals by mechanical means, which does one or more of the following in relation to a public road or public roads:

(a) gives information (such a sign being referred to in this section as ‘an information sign’),

(b) warns persons of danger or advises persons of the precautions to be taken against such danger, or both (such a sign being referred to in this section as ‘a warning sign’),

(c) indicates the existence of a road regulation or implements such a regulation, or both, or indicates the existence of a provision in an enactment relating to road traffic (such a sign being referred to in this section as ‘a regulatory sign’);”,

(b) by the substitution for subsections (3) to (5) of the following subsections:

“(3) (a) A road authority may provide for public roads in their charge such information signs and warning signs as they consider desirable.

(b) Subject to subsection (4) of this section, a road authority may, after consultation with the Commissioner, provide for public roads in their charge such regulatory signs as they consider desirable.

(4) (a) Before providing a regulatory sign (such a sign being referred to in this section as ‘a special category sign’) of the same kind as a regulatory sign specified in regulations under subsection (2) of this section, a road authority shall—

(i) publish a notice in one or more newspapers circulating in the functional area of the authority—

(I) indicating that it is proposed to provide the sign,

(II) stating that representations in relation to the proposal may be made in writing to the road authority before a specified date (which shall be not less than one month after the publication of the notice); and

(ii) consider any representations made pursuant to subparagraph (i) (II) of this paragraph.

(b) A decision by a road authority to provide a special category sign shall be a reserved function.

(5) (a) A road authority shall provide for public roads in their charge such regulatory signs (other than special category signs) as may be requested by the Commissioner, in the positions indicated by him and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he may request.

(b) A road authority shall, at the request of the Commissioner, remove any regulatory sign which the Commissioner considers has been provided in a manner or at a location that might adversely affect the safety of road users.”,

(c) in subsections (10) and (11), by the substitution of “road authority having charge of the road” for “Commissioner”, and

(d) in subsection (19), by the deletion of “or consent of”.

Traffic calming measures.

38. —(1) A road authority may, in the interest of the safety and convenience of road users, provide such traffic calming measures as they consider desirable in respect of public roads in their charge.

(2) A road authority may remove any traffic calming measures provided by them under this section.

(3) Before providing or removing traffic calming measures under this section of such class or classes as may be prescribed, a road authority shall—

(a) consult with the Commissioner;

(b) publish a notice in one or more newspapers circulating in the functional area of the authority—

(i) indicating that it is proposed to provide or remove the measures, and

(ii) stating that representations in relation to the proposal may be made in writing to the road authority before a specified date (which shall be not less than one month after the publication of the notice);

(c) consider any observations made by the Commissioner or any representations made pursuant to paragraph (b) (ii).

(4) The making of a decision to provide or remove traffic calming measures of a class prescribed under subsection (3) and the consideration of observations or representations under paragraph (c) of that subsection shall be reserved functions.

(5) Traffic calming measures shall not be provided or removed in respect of a national road without the prior consent of the National Roads Authority.

(6) The Minister may issue general guidelines to road authorities relating to traffic calming measures under this section and may amend or cancel any such guidelines and, where any such guidelines are, for the time being, in force, road authorities shall have regard to such guidelines when performing functions under this section.

(7) A traffic calming measure provided under this section shall be deemed to be a structure forming part of the public road concerned and necessary for the safety of road users.

(8) (a) A person who, without lawful authority, removes or damages or attempts to remove or damage a traffic calming measure provided under this section shall be guilty of an offence.

(b) An offence under this subsection may be prosecuted by the road authority in whose functional area the acts constituting the offence were done.

(9) In this section—

“provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate and cognate words shall be construed accordingly; and

“traffic calming measures” means measures which restrict or control the speed or movement of, or which prevent, restrict or control access to a public road or roads by, mechanically propelled vehicles (whether generally or of a particular class) and measures which facilitate the safe use of public roads by different classes of traffic (including pedestrians and cyclists) and includes the provision of traffic signs, road markings, bollards, posts, poles, chicanes, rumble areas, raised, lowered or modified road surfaces, ramps, speed cushions, speed tables or other similar works or devices, islands or central reservations, roundabouts, modified junctions, works to reduce or modify the width of the roadway and landscaping, planting or other similar works.