S.I. No. 240/1999 - Waterford Appointed Stands (Street Service Vehicles) Bye-Laws, 1999.


ARRANGEMENT OF BYE-LAWS


1.

Citation

2.

Interpretation

3.

Appointment of appointed stands.

4.

Main and subsidiary appointed stands.

5.

Position of vehicles at appointed stands

6.

Maximum number of street service vehicles at an appointed stand.

7.

Vacancies at appointed stands.

8.

General provisions relating to appointed stands.

9.

General restriction on street service vehicles standing for hire.

10.

Revocation

FIRST SCHEDULE

Permanent Full-Time Appointed Stands

SECOND SCHEDULE

Part-Time Appointed Stands

S.I. No. 240 of 1999.

WATERFORD APPOINTED STANDS (STREET SERVICE VEHICLES) BYE-LAWS, 1999.

I, MICHAEL P. BYRNE, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by section 84 of the Road Traffic Act, 1961 (No. 24 of 1961) (as amended by section 6 of the Road Traffic Act, 1968 (No. 25 of 1968)) (as adapted by the Environment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 322 of 1997 )), with the consent of the Minister for the Environment and Local Government and after consultation with the Mayor, Aldermen and Burgesses of Waterford, hereby make the following bye-laws, in respect of the area comprising the county borough of Waterford.

Citation.

1. These bye-laws may be cited as the Waterford Appointed Stands (Street Service Vehicles) Bye-Laws, 1999.

Interpretation.

2. (1) In these bye-laws—

“Schedule” means a schedule to these bye-laws;

“street” means a public road;

(2) In these bye-laws a reference to—

(a) 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 appropriate Schedule;

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

(c) 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. (1) Subject to these bye-laws, in each location mentioned in column (2) of the First Schedule, each part of the street described in column (3) of that Schedule opposite the mention in column (2) of the location shall be available for use as an appointed stand without limitation as to time.

(2) Subject to these bye-laws, in each location mentioned in column (2) of the Second Schedule, each part of the street described in column (3) of that Schedule opposite the mention in column (2) of the location shall be available for use as an appointed stand between 9.00 p.m. and 4.00 a.m. each day.

Main and subsidiary appointed stands.

4. The appointed stand described in column (3) of the First Schedule at reference No. 4 shall be known as the main appointed stand, and the appointed stand described in column (3) of the First Schedule at reference No. 5 shall be known as the subsidiary appointed stand.

Position of vehicles at appointed stands.

5. (1) Every 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 appropriate Schedule.

(b) in the position specified in column (5) of the appropriate Schedule opposite the mention of the appointed stand in column (3) of that 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 practicible to a street service vehicle at the appointed stand.

(2) Where the appropriate Schedule requires a street service vehicle standing for hire at an appointed stand to be placed in a single line by the kerb and parallel to the kerb, a street service vehicle 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 unless it complies with this bye-law.

Maximum number of street service vehicles at an appointed stand.

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

Vacancies at appointed stands.

7. (1) 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.

(2) Subject to 7(1), whenever a vacancy occurs at the main appointed stand the street service vehicle (if any) at the subsidiary appointed stand shall occupy the space created by the vacancy.

General provisions relating to appointed stands.

8. The following provisions shall apply to street service vehicles standing for hire at an appointed stand, that is to say;

(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 all directions given to him or her by a member of the Garda Síochána in relation to the placing of the street service vehicle at the appointed stand or the bringing of the street service vehicle into, or the removal of the street service vehicle from, the appointed stand.

General restriction on street service vehicles standing for hire.

9. A driver of a street service vehicle shall not stand the street service vehicle for hire in the county borough of Waterford otherwise than at an appointed stand and in accordance with these bye-laws.

Revocation.

10. The Waterford Appointed Stands (Street Service Vehicles) Bye-laws 1982 ( S.I. No. 288 of 1982 ), are hereby revoked.

FIRST SCHEDULE

Permanent Full-Time Appointed Stands

Ref. No.

Location

Limits of Appointed Stand

Maximum Number of Vehicles

Position of Vehicles on Appointed Stand

(1)

(2)

(3)

(4)

(5)

1

Ballybeg

Northern boundary of Church car park, between a point in line with eastern gable of St. Saviour's Church and a point 7.2 metres west of the said gable.

3

Rear to kerb, facing south.

2

Ballybricken

North-eastern side of Ballybricken Green between a point 14.70 metres south east of the junction of Ballybricken and Wellington Street and a point 40 metres south-west of the said junction.

4

In single line by the kerb and parallel thereto facing west.

3

Barronstrand Street

East side, between a point 64.6 metres south of its junction with Coal Quay and a point 115.0 metres south of the said junction.

9

In single line by the kerb and parallel thereto facing south.

4

Ross Road

West side, between a point 21.3 metres north-east of its junction with 82 Ard Mhuire and a point 30.0 meteres north- east of the said junction.

2

In single line by the kerb and parallel thereto facing north.

5

Ross Road

West side, between a point 11.3 metres north-east of its junction with 82 Ard Mhuire and a point 16.1 metres north-east of the said junction.

1

In single line by the kerb and parallel thereto facing north.

6

Tyrone Road/ Lismore Park

South side between a point 37 metres north-west of its junction with Brownes Road and a point 51.4 metres north-west of the said junction.

3

In single line by the kerb and parallel thereto facing north-west.

7

O'Connell Street

South side between a point 4 metres west of its junction with Sargents Lane and a point 23.2 metres west of the said junction

4

In single line by the kerb and parallel thereto facing west.

8

Parnell Street

North-western side, between a point 53.2 metres north-east of its junction with John Street and a point 72.4 metres north-east of the said junction.

4

In single line by the kerb and parallel thereto facing north-east.

SECOND SCHEDULE

Part-Time Appointed Stands To Operate Between 9.00 P.M. And 4.00 A.M. Each Day

Ref. No.

Location

Limits of Appointed Stand

Maximum Number of Vehicles

Position of Vehicles on Appointed Stand

(1)

(2)

(3)

(4)

(5)

1

The Mall

North-west side between a point 44.8 metres south-west of the gable of 2 The Mall and a point 59.2 metres south-west of the said point.

3

In single line by the kerb and parallel thereto facing north-east.

2

O'Connell Street

South side between a point 13 metres south-east of it's junction with Bridge Street and a point 27.4 metres south-east of the said junction.

3

In single line by the kerb and parallel thereto facing west.

3

The Glen

North side between a point 5 metres south-east of it's junction with Thomas Street and a point 14.6 metres south-east of the said junction.

2

In single line by the kerb and parallel thereto facing south-east.

4

John Street

West side, between a point 15.2 metres north-west of its junction with Manor Street and a point 52 metres north- west of the said junction.

2

In single line by the kerb and parallel thereto facing north.

GIVEN under my hand, this 21st day of May, 1999.

M. P. BYRNE,

Commissioner of the Garda Síochána.

In exercise of the power conferred on the Minister for the Environment and Local Government by section 84 (1) of the Road Traffic Act, 1961 (No. 24 of 1961) which said power was delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby consent to the making of the foregoing bye-laws.

Dated this 6th day of July, 1999.

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

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 Schedules 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 county borough of Waterford, and.

(4) Revoke the Waterford Appointed Stands (Street Service Vehicles) Bye-Laws 1982 ( S.I. No. 288 of 1982 ).