S.I. No. 26/1979 - Dublin Meter Parking Places Rules, 1979.


S.I. No. 26 of 1979.

DUBLIN METER PARKING PLACES RULES, 1979.

ARRANGEMENT OF RULES.

1. Citation.

2. Commencement.

3. Application.

4. Definitions.

5. Revocation.

6. Vehicles which may be parked in meter parking places.

7. Parking fees.

8. Manner and time of payment of parking fees.

9. Prohibition on insertion of additional coins.

10. Exemptions from parking fees.

11. Special exemption for an invalid carriage.

12. Parking contrary to meter indications.

13. Suspension of parking meters.

14. Interference with parking meters.

15. Evidence.

S.I. No. 26 of 1979.

DUBLIN METER PARKING PLACES RULES, 1979.

Rules for the administration of meter parking places in the County Borough of Dublin made by the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin, the appropriate local authority, in exercise of powers conferred by Section 90 (3) (b) of the Road Traffic Act 1961 (No. 24 of 1961).

1 Citation.

1. These rules may be cited as the Dublin Meter Parking Places Rules 1979.

2 Commencement.

2. These rules shall come into force on 1st February 1979.

3 Application.

3. These rules shall apply to all meter parking places within the County Borough of Dublin.

4 Definitions.

4. In these rules—

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

"authorised person" has the same meaning as in section 103 (8) (inserted by the Road Traffic Act 1968 (No. 25 of 1968) of the Road Traffic Act 1961 ;

"traffic warden" has the same meaning as in Section 2 (3) of the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975);

"appropriate parking bay" means in relation to a parking meter (a) the parking bay nearest to the parking meter or (b) the parking bay indicated by means of an arrow painted on the footway at the base of the meter post;

"appropriate parking meter" means in relation to a parking bay (a) the parking meter nearest to the parking bay or (b) the parking meter the arrow at the base of which indicates the parking bay;

"business hours" means the period from 8 a.m. to 6.30 p.m. (8.00 to 18.30 hours) on a weekday, which is not a Saturday or holiday;

"Corporation" means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;

"disabled person" is a person to whom section 43 of the Finance Act 1968 (No. 33 of 1968) applies;

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

"holiday" includes Good Friday or any day that is a public holiday for the purposes of the Holidays (Employees) Act, 1973 (No. 25 of 1973);

"invalid carriage" means a mechanically propelled vehicle adapted or constructed for use by a disabled person as a driver;

"meter parking place" means a place on a public road where the parking of vehicles is subject to the payment of parking fees by means of parking meters;

"parking bay" means a space in a meter parking place intended for the parking of one vehicle;

"parking fee" means a fee payable in accordance with rule 7 hereof;

"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.

5 Revocation.

5. The Dublin Meter Parking Places Rules ( S.I. No. 261 of 1969 ) are hereby revoked.

6 Vehicles which may be parked in meter parking places.

6. Mechanically propelled vehicles only, of the following classes, may be parked in a parking bay in a meter parking place during business hours;

(a) a passenger vehicle having seating accommodation for not more than twelve persons exclusive of the driver, and not drawing a trailer or other vehicle,

(b) a goods vehicle not drawing a trailer or other vehicle,

(c) an invalid carriage.

7 Parking fees.

7. (a) A parking fee shall be paid in respect of a vehicle lawfully parked in a parking bay in a meter parking place during business hours.

(b) The parking fee payable under paragraph (a) of this rule shall be

(i) One five pence coin for a continuous period not exceeding thirty minutes, or

(ii) two five pence coins for a continuous period not exceeding one hour, or

(iii) three five pence coins for a continuous period not exceeding one hour and thirty minutes, or

(iv) four five pence coins for a continuous period not exceeding two hours.

8 Manner and time of payment of parking fees.

8. (a) The parking fee shall be paid by the insertion in the appropriate parking meter of one or more five pence coins to the value specified in Rule 7 (b) hereof and where the meter is fitted with a handle by the turning of the handle until the paid parking period is indicated on the time scale of the meter.

( b ) The parking fee shall be paid immediately on parking provided that, where a vehicle is parked at a time not during business hours, the parking fee shall be paid at or before the commencement of business hours. Where a parking fee is paid before the commencement of business hours, it shall be paid for the period shown as unexpired on the appropriate parking meter at the commencement of business hours.

( c ) The parking fee payable in respect of a goods vehicle to which bye-law 17 (1) ( f ) of the Dublin Traffic & Parking Bye-Laws 1976 ( S.I. No. 83 of 1976 ) applies shall be paid immediately on the expiration of the thirty minutes referred to in that bye-law.

9 Prohibition on insertion of additional coins.

9. No person shall insert in a parking meter in a meter parking place any coin or coins additional to that or those initially inserted by way of payment of a parking fee in respect of a vehicle parked in the appropriate parking bay during business hours.

10 Exemptions from parking fees.

10. ( a ) A vehicle parked during business hours in a parking bay in a meter parking place vacated by another vehicle, after payment of a parking fee in respect of that other vehicle and before the expiration of the period for which the fee was paid, shall, if it is removed before or at the expiration of that period, be exempt from payment of a parking fee, and any vehicle so exempted shall be treated as if it had been parked and a parking fee paid in respect of it at the time when that other vehicle was parked in the parking bay.

( b ) If, at the time a vehicle is parked during business hours in a parking bay in a meter parking place, there is on the appropriate meter a hood, sign or other device placed thereon by an agent of the Corporation, an authorised person, or a traffic warden, indicating that the meter is out of order, that vehicle shall not, unless exempted, be parked in the parking bay for a period longer than two hours.

11 Special exemption for an invalid carriage.

11. ( a ) This rule applies to an invalid carriage the driver of which is a disabled person.

( b ) The Corporation may grant to a disabled person a special exemption in writing from payment of a parking fee in respect of the parking of a specified vehicle in a meter parking place during business hours.

( c ) The grant of an exemption to a disabled person under paragraph (b) of this rule shall be subject to the following conditions:

(i) application for an exemption must be made in writing to the Corporation;

(ii) an exemption shall be for a period not exceeding one year in the first instance and shall be subject to review on the 1st January in each succeeding year;

(iii) the notice of exemption shall be prominently displayed on the exempted vehicle.

12 Parking contrary to meter indications.

12. Subject to such exemptions as are made by these rules and by the Dublin Traffic and Parking Bye-Laws 1976 ( S.I. No. 83 of 1976 ), a vehicle shall not be parked in a parking bay in a meter parking place for any period during business hours if the appropriate parking meter indicates that a parking fee has not been paid for that period.

13 Suspension of parking meters.

13. ( a ) An agent of the Corporation on receipt of a statutory request from the Commissioner of the Garda Síochána may suspend from operation a parking meter in a meter parking place.

( b ) The suspension of a parking meter shall be indicated by the placing thereon 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 meter and the erection of a sign indicating that the parking of vehicles is prohibited in the appropriate parking bay.

14 Interference with parking meters.

14. ( a ) No person shall insert any coin, article, or object, other than the coins specified for the payment of a parking fee, in a parking meter, or interfere in any other way with a parking meter in a meter parking place.

( b ) No person, other than an agent of the Corporation, a member of the Garda Síochána, an authorised person or traffic warden, shall interfere in any way with a hood, sign, or other device placed on a parking meter in a meter parking place.

15 Evidence.

15. For the purpose of a prosecution under section 90 (9) of the Road Traffic Act 1961 for a contravention of any of these rules, or of bye-laws made by the Commissioner of the Garda Síochána under that section, evidence of an indication given by a parking meter in a meter parking place shall be prima facie evidence of

( a ) the payment or non-payment of a parking fee;

( b ) the period for which a parking fee has been paid; the unexpired portion of such a period; and the expiration of such a period.

PRESENT when the Corporate seal of the Corporation was affixed hereto, the Right Honourable, the Lord Mayor also being present.

FRANK FAHY,

City Hall, Dublin,

Corporation Official.

J. MOLLOY,

City Manager and Town Clerk.

26th January, 1979.

The Minister for the Environment hereby approves the foregoing Dublin Meter Parking Places Rules, 1979.

GIVEN under the Official Seal of the Minister for the Environment this 31st

day of January, 1979.

SYLVESTER BARRETT,

Aire Comhshaoil.

EXPLANATORY NOTE.

These rules, prescribe the classes of vehicle which may, during business hours, be parked in a meter parking place, the parking fees payable and the manner and time of payment. The rules prohibit the insertion of additional coins into a meter after a parking fee has been paid. The rules also provide for special exemption in respect of a disabled person, who is the driver of an invalid carriage.