Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 149:

In page 76, between lines 27 and 28, to insert the following:

"105.—The Transport Act 1950 is amended—

(a) in section 20(1), by inserting after paragraph (b) the following:

'(bb) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including fees for failure to comply with bye-laws made under section 22 (1)(ee),',

(b) in section 22—

(i) by inserting after paragraph (e) of subsection (1) the following:

'(ee) for matters relating to the use and parking of vehicles on land belonging to or occupied by the Board including—

(i) the regulation of traffic generally, including parking restrictions, direction of traffic and the maximum speed of traffic on such land,

(ii) the making of provision for the fixing of an immobilisation device to any vehicle which has been unlawfully parked in any place on such land, and

(iii) the regulation of small public service vehicles (within the meaning of section 3 of the Road Traffic Act 1961) at railways or the approaches thereto;',

and

(ii) by substituting for subsection (4) (as amended by section 6 of the Transport Act 1987) the following:

'(4) Where a person contravenes a provision of bye-laws made under this section which is stated in the bye-laws to be a penal provision, he or she is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4A) The liability of an offender to a penalty under subsection (4) of this section does not prejudice the recovery of any fare, tariff or fee payable by him or her to the Board for any damage caused by him or her to property of the Board.

(4B) An offence under subsection (4) of this section may be prosecuted by the Board.',

and

(c) in section 59, by substituting for subsection (1) (as amended by section 7 of the Transport Act 1987) the following:

'(1) A person who trespasses on any of the railways of or worked by the Board is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.'."

These amendments propose changes to the Transport Act 1950. The new section set out in amendment No. 149 provides in paragraph (a) for the amendment of section 21 of the Transport Act 1950 so that CIE may levy charges for parking on railway property and may levy fees for removal of clamps from vehicles parked in breach of by-laws. CIE may already have a common law power to do this, but it is generally best to confirm such powers in primary legislation.

Some of these issues have been dealt with previously. Paragraph (b)(i) of amendment No. 149 amends section 22 of the Act and empowers CIE to make by-laws in regard to parking on their property, clamping of illegally parked vehicles and regulation of traffic generally.

See this speech in context