S.I. No. 140/1947 - Cork Appointed Standings (Street Service Vehicles) Bye-Laws, 1947.


STATUTORY RULES AND ORDERS. 1947. No. 140.

CORK APPOINTED STANDINGS (STREET SERVICE VEHICLES) BYE-LAWS, 1947.

ARRANGEMENT OF BYE-LAWS.

Bye-Laws.

1. Short title.

2. Interpretation.

3. Definitions.

4. Appointment of appointed standings.

5. Position of vehicles on appointed standings.

6. Maximum number of street service vehicles at an appointed standing.

7. Provisions in respect of vacancies at appointed standings.

8. General provisions relating to appointed standings.

9. Power to close an appointed standing.

10. General restriction on street service vehicles standing for hire.

FIRST SCHEDULE.

PERMANENT APPOINTED STANDINGS.

SECOND SCHEDULE.

OCCASIONAL APPOINTED STANDINGS.

STATUTORY RULES AND ORDERS.

1947. No. 140.

CORK APPOINTED STANDINGS (STREET SERVICE VEHICLES) BYE-LAWS, 1947.

WHEREAS it is enacted by sub-section (1) of section 137 of the Road Traffic Act, 1933 (No. 11 of 1933), that the Commissioner of the Gárda Síochána may, with the consent of the Minister for Local Government and after consultation with the local authority concerned, make bye-laws in respect of any specified area for all or any of the following purposes, that is to say :—

(a) appointing the places (in the said Act referred to as appointed standings) in such area at which street service vehicles may stand for hire ;

(b) fixing the maximum number of street service vehicles which may stand for hire at any one time on any particular appointed standing ;

(c) prohibiting street service vehicles from standing for hire at places in such area which are not appointed standings ;

(d) regulating and controlling the use of appointed standings by street service vehicles ;

AND WHEREAS the Commissioner of the Gárda Síochána has, before making the bye-laws hereinafter set forth, consulted the Lord Mayor, Aldermen and Burgesses of Cork, and the Council of the County of Cork in regard thereto :

NOW, I, MICHAEL J. KINNANE, Commissioner of the Gárda Síochána, in exercise of the powers conferred on me by sub-section (1) of section 137 of the Road Traffic Act, 1933 (No. 11 of 1933), and of every and any other power me in this behalf enabling, hereby, with the consent of the Minister for Local Government testified by his official seal affixed hereto, make the following bye-laws in respect of the area (hereinafter referred to as the Cork Appointed Standings (Street Service Vehicles) Bye-Laws Area) consisting of the County Borough of Cork, together with such portion of the County of Cork as lies within a circle with a radius of two miles, having its centre at the General Post Office in the City of Cork.

1 Short title.

1. These bye-laws may be cited as the Cork Appointed Standings (Street Service Vehicles) Bye-Laws, 1947.

2 Interpretation.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these bye-laws.

3 Definitions.

3.—(1) In these bye-laws—

the word " street " means a public road ;

the expression " authorised sign " means any notice, mark, or other sign for the guidance of traffic which is placed at the side or on the surface of a roadway by the Council charged with the maintenance of such roadway and any portable notice placed by the Commissioner of the Gárda Síochána on such roadway or on a footway adjacent thereto ;

reference to the head of an appointed standing shall be construed as referring to the end of such appointed standing towards which the vehicles on such appointed standing are required by these bye-laws to face ;

reference to the rear of an appointed standing shall be construed as referring to the end of such appointed standing which is not the head thereof ; and

references to the order of the vehicles on all appointed standing shall be construed as referring to the order of such vehicles reckoned from the head of such appointed standing towards the rear thereof.

(2) Every mention in these bye-laws or in any of the Schedules to these bye-laws of the name of any street, bridge, or other place shall be construed as referring to the street, bridge, or other place (as the case may be) in the Cork Appointed Standings (Street Service Vehicles) Bye-Laws Area which is known (whether by official name or popular usage) by that name.

4 Appointment of appointed standings.

4.(1) In the several streets named in the second column of the First Schedule to these bye-laws, the place or each of the places delimited in the third column of the said First Schedule opposite the name in the said second column of any such street shall be an appointed standing available, subject to the provisions of these bye-laws, for use without limitation as to time or occasion of user.

(2) In the several streets named in the second column of the Second Schedule to these bye-laws, the place or each of the places delimited in the third column of the said Second Schedule opposite the name in the said second column of any such street shall be an appointed standing available, subject to the provisions of these bye-laws, for use on the occasions and at the times (but not on any other occasion or at any other time) stated in the sixth column of the said Second Schedule opposite the name in the said second column of such street.

(3) Where an appointed standing includes a street junction at which a street enters the street containing such appointed standing on the side thereof on which such appointed standing is situate, the space between the prolongation into such appointed standing of the building lines on each side of such entering street together with the further space of fifteen feet on either side of the space aforesaid shall be deemed to be excluded from such appointed standing.

5 Position of vehicles on appointed standings.

5.—(1) For the purposes of these bye-laws, a street service vehicle shall not be deemed to be standing for hire on an appointed standing unless the whole of such vehicle is within the limits of such appointed standing as stated in the third column of the First or (as the case may be) the Secind Schedule to these bye-laws and, in particular, no part of such vehicle projects into a space at a street junction which is deemed by these bye-laws to be excluded from such appointed standing.

(2) Every street service vehicle standing for hire on an appointed standing shall be placed in the position specified in the fifth column of the First or (as the case may be) the Second Schedule to these bye-laws opposite the mention of such appointed standing in the third column of such Schedule and shall be placed in such position either, as the case shall require, at the head of such appointed standing or immediately behind the vehicle or the last of the vehicles already on such appointed standing and no street service vehicle shall be deemed for the purposes of these bye-laws to be standing for hire on such appointed standing unless it is so placed.

6 Maximum number of street service vehicles at an appointed standing.

6. Whenever the number of street service vehicles standing for hire on an appointed standing is equal to the number mentioned in the fourth column of the First or (as the case may be) the Second Schedule to these bye-laws opposite the mention of such appointed standing in the third column of such Schedule, it shall not be lawful for the driver of any other street service vehicle to place such other street service vehicle on such appointed standing.

7 Provisions in respect of vacancies at appointed standings.

7. Whenever a vacancy is caused at an appointed standing by the removal therefrom of a street service vehicle (in this bye-law referred to as the departing vehicle), the following provisions shall have effect, that is to say :—

(a) the street service vehicle (if any) which prior to such removal was next behind the departing vehicle shall be moved by the driver thereof into the place vacated by the departing vehicle ;

(b) the street service vehicle (if any) which was next behind the street service vehicle so moved shall then be moved by the driver thereof into the place vacated by the street service vehicle so moved, and

(c) every other (if any) street service vehicle on such appointed standing which was behind the departing vehicle shall be moved in like manner by the driver thereof into the place left vacant by the moving in accordance with this bye-law of the vehicle immediately in front of it.

8 General provisions relating to appointed standings.

8. The following general provisions shall apply in respect of street service vehicles standing for hire on an appointed standing, that is to say :—

(a) no street service vehicle shall be so placed on any appointed standing that any part of such vehicle or any attachment to such vehicle projects over the footway (if any) against or parallel to which it is so placed ;

(b) so soon as a street service vehicle has been duly placed on an appointed standing, the driver of such vehicle shall stop the engine of such vehicle, and neither such driver nor any other person shall while such vehicle is on such appointed standing, start or run such engine except for the purpose of removing such vehicle from or changing its position on such appointed standing ;

(c) no person shall wash, overhaul or execute repairs to a street service vehicle while it is standing for hire on an appointed standing, except such repairs as may be necessary to enable such vehicle to be removed from such appointed standing ;

(d) neither the driver of nor any passenger in a street service vehicle which is standing for hire on an appointed standing shall make any unnecessary noise by means of or in relation to such vehicle or the engine or any fitting thereof ;

(e) the driver of a street service vehicle which is placed on or being brought into or removed from any appointed standing shall comply with every (if any) authorised sign placed at such appointed standing in regard to the user thereof and with all directions given to him by a member of the Gárda Síochána in relation to the placing of such vehicle on such appointed standing or the bringing it into or removing it from such appointed standing.

9 Power to close on appointed standing.

9.—(1) Notwithstanding anything contained in these bye-laws :—

(a) a member of the Gárda Síochána not below the rank of Inspector may, on the occasion of any public procession or any other event which is likely to cause an unusual concourse of persons at or in the vicinity of a particular appointed standing or for any other reason applicable to a particular appointed standing and appearing to him to be good and sufficient, prohibit the placing of street service vehicles on such appointed standing during such period as shall, in his opinion, be necessary for such reason ; and

(b) any member of the Gárda Síochána on duty at or in the vicinity of an appointed standing may, whenever he thinks proper so to do because of a fire, flood, accident, or other emergency, prohibit the placing of street service vehicles on such appointed standing.

(2) Whenever a member of the Gárda Síochána, in exercise of a power conferred on him by this bye-law, prohibits the placing of street service vehicles on an appointed standing, such member may remove or cause to be removed from such appointed standing every street service vehicle which is on such appointed standing at the commencement of such prohibition or enters such appointed standing in contravention of such prohibition, and such member may so remove such vehicle or cause it to be removed whether there is or is not any person present in charge of such vehicle.

10 General restrictions on street service vehicles standing for hire.

10. No driver of a street service vehicle shall stand such vehicle for hire in the Cork Appointed Standings (Street Service Vehicles) Bye-Laws Area otherwise than on an appointed standing and in accordance with these bye-laws.

Given under my hand this 27th day of June, 1947.

(Signed) MICHAEL J. KINNANE,

Commissioner of the Gárda Síochána.

WHEREAS in pursuance of section 8 of the Road Traffic Act, 1933 , the Commissioner has submitted the foregoing bye-laws to the Minister for Local Government ;

AND WHEREAS the provisions of subsection (1) and (5) of section 8 have been complied with in relation to the said bye-laws ; NOW THEREFORE the Minister for Local Government in exercise of the power conferred on him by section 137 of the said Act hereby consents to the making of the said bye-laws.

GIVEN under the Official Seal of the Minister for Local Government this 3rd day of September, One Thousand Nine Hundred and Forty-seven.

(Signed) SEÁN MACENTEE,

Minister for Local Government.

FIRST SCHEDULE.

PERMANENT APPOINTED STANDINGS.

Ref. No.

Name of Street

Limits of Appointed Standing

Maximum number of Street Service Vehicles

Position of Vehicles on Appointed Standing

(1)

(2)

(3)

(4)

(5)

1

St. Patrick Street

Along the centre of roadway from a point twenty-four feet south from Firemen's Rest to opposite the door of Nos. 106-107.

14

In single line on the centre of the roadway, facing towards Patrick's Bridge.

2

St. Patrick Street

Along the centre of the roadway from opposite the door of No. 105 to opposite the western boundary wall of No. 92.

18

In single line on the centre of the roadway, facing towards Grand Parade.

3

Morrison's Quay

On north side of the roadway from a point thirty-five feet east of No. 1 South Mall to a point eighty-five feet west of the Telephone Kiosk.

2

In single line by the kerb, facing towards Parnell Bridge.

4

Parnell Place

On west side of the roadway from opposite the window of No. 27 to opposite the door of No. 30.

3

In single line by the kerb, facing towards Merchant's Quay.

SECOND SCHEDULE.

OCCASIONAL APPOINTED STANDINGS.

Ref. No.

Name of Street

Limits of Appointed Standings

Maximum number of Vehicles

Position of Vehicles on Appointed Standings

Occasions and period of availability

(1)

(2)

(3)

(4)

(5)

(6)

1

Eglinton Street

On west side of the roadway from opposite the northern building line of the City Hall to opposite the east entrance door of the Corporation Yard.

12

In single line by the kerb, facing towards Albert Quay.

Whenever public dancing or other function to which the public are admitted is being held in the City Hall—during and for one hour after such function.

2

Link Road

On east side of the roadway from a point fifteen yards south of junction with Centre Park Road to a point ten yards north of junction with Boggy Road.

16

In single line by the kerb and parallel thereto, facing towards Boggy Road.

Whenever a Sports fixture or other function to which the public are admitted is being being held at the Cork Athletic Grounds or the Cork Show Grounds during and for one hour after such function.

3

Lower Glanmire Road.

On south side of the roadway from opposite No. 52 to a point sixty-eight yards east of No. 52.

10

In single line by the kerb and parallel thereto, facing towards McCurtain Street.

Whenever public dancing or other function to which the public are admitted is being held in the Arcadia ballroom—during and for one hour after such function.

SECOND SCHEDULE.

OCCASIONAL APPOINTED STANDINGS.

Ref. No.

Name of Street

Limits of Appointed Standings

Maximum number of Vehicles

Position of Vehicles on Appointed Standings

Occasions and period of availability

(1)

(2)

(3)

(4)

(5)

(6)

4

Penrose Quay

On north side of the roadway from opposite a point twenty yards east of the saloon passengers' entrance to Cork Steam Packet Embarkation Sheds to opposite a point one hundred and thirty yards east of such entrance.

20

In single line by the kerb and parallel thereto, facing towards St. Patrick's Quay.

Whenever the Fishguard or other passenger boats arrive at Penrose Quay for disembarkation of passengers—during and for one hour after arrival of such boats.

5

Western Road

On north side of the roadway from " Lacanadarra " to " Windsor."

10

In single line by the kerb and parallel thereto, facing towards Washington Street.

Whenever a function to which the public are admitted is being held at the Cork Greyhound Track or the University Sports Grounds—during and for one hour after such function.