Pat Carey (Dublin North West, Fianna Fail)
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Question 406: To ask the Minister for Transport the legislation that exists to enable residents to exercise their right to enter and leave their own driveway without having to incur the hazard of dangerously parked vehicles on either side of the driveway; and if he will make a statement on the matter. [41317/06]

Martin Cullen (Waterford, Fianna Fail)
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Section 55 of the Road Traffic Act 1961 provides that a person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to another persons using that place. This offence of parking a vehicle in a dangerous position is regarded as being a serious road traffic and where a Garda is of the opinion that a person is committing or has committed such offence he or she may arrest the person without warrant.

A further indication of the serious nature of this offence is that it is scheduled as a penalty point offence with no opportunity permitted to pay a fixed charge in lieu of being prosecuted in Court. In addition, five penalty points apply on conviction of the offence in Court since 3 April 2006.