Ruairi Quinn (Dublin South East, Labour)
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Question 415: To ask the Minister for Transport if his Department has commenced the drafting of the regulations required under the Transport Acts and related legislation to allow local authorities to permit partial footpath parking in areas where, due to the narrowness of the street, full on-street vehicular parking causes congestion and prevents the easy flow of traffic, particularly in residential areas where, due to the small size and depth or absence of front gardens, the provision of full off-street parking is not possible; and if he will make a statement on the matter. [41278/06]

Martin Cullen (Waterford, Fianna Fail)
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Under the Road Traffic (Traffic and Parking) Regulations 1997 it is prohibited to park a mechanically propelled vehicle on any part of a footpath. Since 3 April 2006 this illegal parking offence was brought within the ambit of the fixed charge system and, on issue of a fixed charge notice, a person may pay €40 within a 28 day period or that amount increased by 50% within the next 28 day period in lieu of being prosecuted in court.

Dublin City Council are seeking an amendment to the 1997 regulations to permit partial parking on public footpaths and contend that parking of this nature is permitted in other jurisdictions but no country has been identified in this regard. My Department has no information in relation to the circumstances or conditions in other jurisdictions where partial parking on footpaths may be permitted. The paramount matter to be considered before vehicles are permitted to park partially on a public footpath is the safety of pedestrians.

It is not just a case of amending the parking regulations and that vehicles then proceed to park on footpaths. It must first be ascertained what circumstances and conditions apply where this measure is deployed in other countries .i.e. whether such parking is only permitted where the footpath is of a certain minimum width, where the footpath pavement has first been constructed to a certain weight bearing standard, whether is it a requirement that the footpath be dished and kerbs removed to facilitate the driving of vehicles up onto a footpath and that such parking is not permitted where access points, manhole covers etc for utilities are located.

It is not proposed to make any amendment to the current law until all of the safety implications are assessed and in this regard Dublin City Council are being requested to identify the countries abroad where such measures are said to be in place and to submit fuller details in relation to the proposal.