Written answers

Tuesday, 17 May 2016

Department of Transport, Tourism and Sport

Road Traffic Legislation

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
Link to this: Individually | In context | Oireachtas source

1121. To ask the Minister for Transport, Tourism and Sport his plans to update road traffic laws and regulations to restrict the sale of vehicles parked on public roads and to prevent car dealers from occupying valuable residential parking space in urban areas; and if he will make a statement on the matter. [9645/16]

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
Link to this: Individually | In context | Oireachtas source

​The parking of vehicles on public roads is controlled either through the application of prohibitions and restrictions under Road Traffic (Traffic and Parking) Regulations made by me under section 35 of the Road Traffic Act 1994, or by bye-laws made by the local authority, under section 36 of that Act, with respect to public roads in their functional area.

A mandatory element of such bye-laws is that they operate in the context of a paid parking scheme. The exercise of this bye-law making power is a reserved function of the elected members of the local council.

It is important to note that where a section 36 pay parking bye-law scheme is in operation, any member of the public who parks on a public road within that zone and displays the pay and display disc is entitled to park for the relevant duration.

The policy behind the Regulations made under section 35 and section 36 bye-laws reflects the fundamental principle under road traffic law that the use of public roads is for public purposes. This means that private individuals should not be able to exercise proprietary rights of any nature over our public roads.

Enforcement of the rules applying to parking on public roads is a matter for An Garda Síochána and the relevant local authority traffic wardens.

Comments

No comments

Log in or join to post a public comment.