John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

Question 320: To ask the Minister for Transport his views on whether cars parked in cycle lanes is an increasing problem for cyclists; if he intends to introduce more stringent measures to deal with this problem; and if he will make a statement on the matter. [4734/05]

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

The statutory basis for the use of cycle tracks is set out in the Road Traffic (Traffic and Parking) Regulations 1997 and 1998. The regulations prohibit parking in a cycle track. The offence of illegal parking in a cycle track comes within the scope of the on-the-spot fines system and the amount of the on-the-spot fine currently applicable to the offence is €19, which is the level that applies to the majority of parking offences. Where an on-the-spot fine notice is issued, it is open to the person to whom the notice is addressed to pay the relevant amount so as to avoid the matter proceeding to court. Section 23 of the Road Traffic Act 2002, which was commenced on 31 October 2002, provides for major increases in certain financial penalties for road traffic offences including an increase in the general penalty that applies to the majority of offences under the Road Traffic Acts, including the offence of illegally parking in a cycle track.

If the motorist elects to go to court and is convicted of this offence he or she is liable to a fine not exceeding €800 for a first offence, a fine not exceeding €1,500 for a second or subsequent offence and if a third or subsequent such offence is committed within 12 months the person is liable to a fine not exceeding €1,500 or, at the discretion of the court, to imprisonment for a term not exceeding three months or both. The determination of the fine to be imposed in each particular case is a matter for the courts. The enforcement of the road traffic parking regulations is a matter for the Garda Síochána and local authority traffic wardens. My Department does not have statistics on the enforcement and prosecution of parking offences.

The Act also provides for the replacement of the present on-the-spot fines system by a fixed charge system. The new system will bring greater certainty to the application of administrative charges for the traffic and parking offences to which it will apply. It is proposed that the level of fixed charge for motorists who illegally park in a cycle track will be significantly higher than €19. I expect that the roll out of the fixed charge system to a wide range of traffic and parking offences will be completed later this year when the Garda Síochána's new IT fixed charge processing system is in place.