S.I. No. 247/1998 - Road Traffic (Immobilisation of Vehicles) Regulations, 1998

S.I. No. 247 of 1998.

ROAD TRAFFIC (IMMOBILISATION OF VEHICLES) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and by section 101B of that Act (inserted by the Dublin Transport Authority (Dissolution) Act, 1987 (No. 34 of 1987) (as amended by section 49 of the Road Traffic Act, 1994 (No. 7 of 1994))), which powers are 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, having consulted the Minister for Justice, Equality and Law Reform, hereby make the following Regulations:-

1. These Regulations may be cited as the Road Traffic (Immobilisation of Vehicles) Regulations, 1998.

2. In these Regulations :

"the Principal Act" means the Road Traffic Act, 1961 ;

"traffic warden" means -

(a) a person referred to in sub-section (1) of section 2 of the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975), or

(b) an authorised person under section 103 of the Principal Act, as amended by section 64 of the Road Traffic Act, 1968 (No. 25 of 1968).

3. The following are hereby prescribed as authorised persons for the purposes of section 101B of the Principal Act: -

(a) a member of the Garda Síochána;

(b) a person appointed in writing by a local authority for the said purposes;

4. The prescribed form of the notice to be affixed to a vehicle to which an immobilisation device has been fitted shall be as set out in the Schedule to these Regulations, or shall be substantially to the like effect.

5. (1) The prescribed charge for the purpose of section 101B(5) of the Principal Act shall be sixty five pounds.

(2) The charge referred to in sub-article (1) of this article shall be paid as may be indicated in the notice affixed to the vehicle in accordance with section 101B(3) of the Principal Act, to the Member-in-Charge of the appropriate Garda Station or to the appropriate road authority as the case may be.

SCHEDULE

Section 101B of the Road Traffic Act, 1961

(Immobilisation of a vehicle parked in contravention of a prohibition or restriction imposed under section 35 or 36 of the Road Traffic Act, 1994 )

Location:

Date:

Time:

The vehicle bearing the identification mark , having been found to be parked [state nature of parking] in contravention of a prohibition or restriction under * section 35/* section 36 of the Road Traffic Act, 1994 , has been fitted with an immobilisation device by the undersigned *being an authorised person/*acting under the direction of an authorised person for the purposes of section 101B of the Road Traffic Act, 1961 .

Arrangements will be made for the removal of the immobilisation device following payment by the owner of the vehicle (or person authorised by the owner) of the prescribed charge of£ (insert charge) to

*the Member-in-Charge at __________ Garda Station or to * __________ (insert name of road authority) at the location(s) indicated below.

(insert address(es) where payments may be made to the road authority)

Signed:__________ Date __________

Payment may be made by [cash]/[cheque]/[credit card]/[laser card]

(* delete, whichever does not apply)

Warning

No attempt should be made to drive this vehicle or otherwise to put it in motion until the immobilisation device has been removed.

Dated this 20th day of July, 1998

ROBERT MOLLOY

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

EXPLANATORY NOTE

These regulations give effect to section 101B of the Road Traffic Act, 1961 (as inserted by section 9 of the Dublin Transport Authority (Dissolution) Act, 1987 ) which provides for the immobilisation of vehicles which are found to be parked on a public road in contravention of a prohibition or restriction under section 35 or section 36 of the Road Traffic Act, 1994 .