Olivia Mitchell (Dublin South, Fine Gael)
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Question 438: To ask the Minister for Transport if it is possible for him under Section 35 of the Road Traffic Act 1994 to make regulations in relation to special parking provisions, in addition to those laid down by the local authority under Section 36 of the 1994 Act or which override those of the local authority; and if he will make a statement on the matter. [20914/06]

Martin Cullen (Waterford, Fianna Fail)
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Section 35 empowers the Minister for Transport to make regulations for the general regulation and control of traffic (including the parking of vehicles) and pedestrians in public places. Road Traffic (Traffic and Parking) Regulations and associated Road Traffic (Signs) Regulations that have been made from 1997 to 2005 are available for road authorities to use for the purposes that I have already referred to. These provisions have national application.

Section 36 of the Road Traffic Act 1994 confers power on a road authority to make bye-laws to control and regulate parking on public roads in their functional area and to provide for payment of such parking. This provides for the operation of pay parking schemes such as a Pay and Display scheme. The exercise of this power is a reserved function of the elected members of the local council.

I do not have powers to augment or override provisions that are contained in bye-laws that have been made by a local council in accordance with section 36.