Jerry Cowley (Mayo, Independent)
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Question 143: To ask the Minister for Transport his views on whether it is true that disabled parking spaces provided by local authorities are free of charge with no time limit applying; when all car parks will have free parking for disabled drivers with a parking disc; and if he will make a statement on the matter. [11478/06]

Martin Cullen (Waterford, Fianna Fail)
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Road traffic and parking regulations made in 1997 under section 35 of the Road Traffic Act 1994 provide that only vehicles in which a disabled person's parking permit is displayed may stop or park in a disabled person's parking bay provided the vehicle is being used for the convenience of the person to whom the permit was issued. The provisions contained in the traffic and parking regulations relating to the use of disabled persons' parking bays apply in respect of the use of public roads only.

The 1997 regulations also provide that in areas where time restricted parking is in operation by the road authority, vehicles that display a disabled persons parking permit are not subject to those time restrictions.

Section 36 of the Road Traffic Act 1994 provides that road authorities may make by-laws for the control and regulation of the parking of vehicles at specified places on public roads within their functional area and shall provide for payment of fees in respect of such parking. The by-laws may provide for the exemption of any specified classes of vehicles from the payment of fees in respect of parking, the conditions under which specified classes of vehicles may be so exempted and the identification of exempted vehicles fees. The making of such by-laws is a reserved function of the elected members of the local authority. It is a matter, therefore, for each individual road authority to determine whether vehicles displaying a disabled persons parking permit should be exempt from parking fees in areas where a paid parking scheme is in operation.

Section 101 of the Road Traffic Act 1961 provides that local authorities may make by-laws in respect of the use of car parks they provide. The determination of the provisions, including payment of parking fees, in such by-laws is a matter for the elected members of the local authority. The operational rules applicable to parking in non-local authority car parks are matters for the private owner or management interests concerned.