S.I. No. 275/1983 - Road Traffic General Bye-Laws (Amendment) Regulations, 1983.


S.I. No. 275 of 1983.

ROAD TRAFFIC GENERAL BYE-LAWS (AMENDMENT) REGULATIONS, 1983.

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 60 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:—

1. These Regulations may be cited as the Road Traffic General Bye-Laws (Amendment) Regulations, 1983.

2. The Road Traffic General Bye-Laws 1964 ( S.I. No. 294 of 1964 ) are hereby amended by the addition after Part VI of the following matter:—

"Part VII

Motorways

39. In this Part—

"direction of traffic flow" means—

(a) the direction in which a vehicle proceeds forwards along a carriageway so that the median strip is at all times on the right hand side of the vehicle,

(b) where no median strip is provided, the direction in which a vehicle proceeds along a carriageway so that having entered the carriageway without contravening article 7 of the Road Traffic General Bye-Laws, 1964 it proceeds in the same direction along the carriageway;

"left hand side" and "right hand side" shall be determined by facing in the direction of traffic flow;

"median strip" means that part of a motorway which separates two carriageways on a motorway running parallel or approximately parallel to each other;

"motorway" has the meaning assigned to it in section 1 of the Local Government (Roads and Motorways) Act, 1974 (No. 6 of 1974);

"carriageway" means that part of a motorway which is provided for the passage of vehicles and the left hand edge of which is indicated by means of an authorised continuous yellow line and the right hand edge of which is indicated by means of an authorised continuous white line.

40. (1) A driver on a motorway shall not—

(a) drive a vehicle against the direction of traffic flow,

(b) drive a vehicle on or across any part of the motorway which is not a carriageway,

(c) stop or park a vehicle on any part of the motorway,

(d) drive a vehicle of a class for which an ordinary speed limit of not more than 40 mph is prescribed by regulations under section 44 (1) of the Road Traffic Act, 1961 in the traffic lane nearest the right hand edge of a carriageway having more than one traffic lane except where it is necessary to proceed in that lane due to an obstruction or because another lane or lanes is or are for the time being closed to traffic.

(2) A prohibition imposed by paragraphs (b) or (c) of sub-article (1) of this article shall not apply to a driver of—

(a) a vehicle which is engaged in or is about to be engaged in removing an obstruction to traffic on the motorway or in maintaining, improving, constructing or clearing the motorway or in providing a traffic sign or in removing a vehicle from any part of the motorway in accordance with article 41 (3) of these Regulations,

(b) a vehicle being used by or on behalf of a State authority, a statutory undertaker or a local authority which is engaged in or is about to be engaged in providing, altering or repairing any apparatus to which the consent of the Minister for the Environment has been given under section 10 of the Local Government (Roads and Motorways) Act, 1974 or in the case of a local authority for which the local authority is statutorily responsible,

(c) a fire brigade vehicle, an ambulance or a vehicle being used by a member of the Garda Sióchána in the performance of his duties as such member,

(d) a vehicle to which, article 41 of these Regulations applies,

(e) a vehicle which is driven off the carriageway and parked in accordance with article 42 of these Regulations,

(f) a vehicle which has been required by a member of the Garda Sióchána to stop.

(3) A prohibition imposed by paragraphs (b) or (c) of sub-article (1) of this article shall not apply in relation to any part of the motorway which is provided for the parking of vehicles or for the provision of services or amenities.

(4) A prohibition imposed by paragraph (c) of sub-article (1) of this article shall not apply in the case of a vehicle which is stopped on a roadway while it is prevented from proceeding by an obstruction.

41. (1) This article applies to a vehicle on a motorway which has been involved in an accident or cannot proceed because of a breakdown, mechanical defect or other emergency.

(2) The driver or other person in charge of a vehicle to which this article applies shall—

(a) as soon as and insofar as is possible, drive or move the vehicle from the carriageway on to the nearest available space to the left of the left hand edge of the carriageway so that no part of the vehicle extends on to the carriageway,

(b) use the nearest available telephone as soon as possible to notify the Garda Sióchána of the accident, breakdown or other circumstance which has necessitated the stopping of the vehicle on the motorway.

(3) The driver or other person in charge of a vehicle to which this article applies shall not allow the vehicle to remain parked on the motorway for longer than is necessary and for this purpose shall accept an offer of assistance of service by a member of the Garda Sióchána or by an employee or agent of a road authority, including, where necessary, an offer, subject to such payment as may be fixed by the road authority, to remove the vehicle from the motorway.

42. Where any object (including any part of a vehicle) or any substance which would cause or would be likely to cause danger or obstruction to traffic using the motorway, is thrown, falls or is deposited on a motorway from a vehicle the driver of the vehicle shall, as soon as possible, use the nearest available telephone to notify the Garda Síochána of the incident and while doing so shall park the vehicle in the nearest available space to the left of the left hand edge of the carriageway."

GIVEN under the Official Seal of the Minister for the Environment

this 30th day of September, 1983.

DICK SPRING,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations amend the Road Traffic General Bye-Laws, 1964 ( S.I. No. 294 of 1964 ) by the addition of a further Part which prescribes rules for traffic on motorways, consisting of various prohibitions with some exemptions and also special requirements to be followed in the event of accidents, breakdowns and emergencies on motorways.