Written answers
Tuesday, 28 February 2006
Department of Transport
Road Safety
11:00 pm
Jan O'Sullivan (Limerick East, Labour)
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Question 333: To ask the Minister for Transport if he will clarify what is meant by an obstruction in his reply to Parliamentary Question No. 436 of 14 February 2006; if it includes a vehicle that is travelling at a slow speed; and if he will make a statement on the matter. [8059/06]
Martin Cullen (Waterford, Fianna Fail)
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The term "obstruction" in the phrase "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" that I used in reply to Parliamentary Question No. 436 of 14 February 2006 is a direct quote from the provisions of article 33 of the Road Traffic (Traffic and Parking) Regulations 1997, SI 182 of 1997.
The term "obstruction" is not defined in the regulations. Article 5 of these 1997 regulations as substituted by article 5 of the Road Traffic (Traffic and Parking) (Amendment) Regulations 1978, SI 274 of 1978, provides that the regulations "shall apply save where compliance is not possible as a result of an obstruction to traffic or pedestrians or because of an emergency situation confronting a road user which could not reasonably have been expected or anticipated." Enforcement of the law is a matter for the Garda Síochána and the courts.
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