COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, November 12, 2007
HEADED ITEM NO. 17
Policy Document on Sale of Motor Vehicles on Public Roads
The attached report was considered at the Transportation Strategic Policy Committee Meeting held on Thursday 8th November 2007.
It was proposed by Councillor S. Laing, seconded by Councillor D. Keating and AGREED that Policy Document on Sale of Motor Vehicles on Public Roads be recommended for adoption by the Council.
COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TRANSPORTATION SPC
Thursday, November 8th, 2007
HEADED ITEM No. 5
Proposed Policy Document on the Illegal Parking of Vehicles on Public Roads
Background:
In recent times there has been a significant increase in the illegal and highly dangerous practice of the parking of motor vehicles for sale on public roads including footpaths and grass margins. This illegal practice is taking place at an increasing number of locations throughout the county and is contrary to the provisions of Section 71 of the Roads Act, 1993.
The Council is concerned that this practice is creating a serious hazard for all road users (both pedestrians and motorists) and the following measures are put forward to address this issue:-
Implementation of the following policy initiative:-
1. Any vehicle found offered for sale on the public roadside will be fixed with a sticker instructing its removal within 24 hours. If the vehicle is not removed, or if the same vehicle is found offered for sale on the public roadside at any time in the future, it will be removed by the County Council in accordance with the provisions of the Roads Act and stored for a maximum of six (6) weeks, before being disposed of.
2. The Council will invite tenders from competent contractors for the removal and storage of such unauthorised vehicles.
3. Persons seeking to reclaim the vehicle must pay the costs of removal and storage of the vehicle in full to the Council before the impounded vehicle can be released.
Implementation of this policy to commence after the placing of a Public Advertisement.
Press Advertisement (See Appendix 1)
Sample Sticker (See Appendix 2)
Sample Registered Letter (See Appendix 3)
Appendix 1 – Press Advertisement
Unauthorised Vehicles on Public Roads – Section 71 Roads Act, 1993
South Dublin County Council wishes to advise that it is an offence under the above Act to place or retain a vehicle used for the purposes of advertising, the sale of goods, the provision of services or other similar purpose on a public road/ footpath/grass margin or any public property without the authorisation of the Roads Authority.
This includes the placing of vehicles “For Sale”.
The owner of any such unauthorised vehicle is instructed to remove the vehicle with immediate effect. Failing such removal, the Council will, without further notice, arrange for the removal of the offending vehicle in the interests public safety.
A vehicle removed and stored by South Dublin County Council under this Section shall be given to a person claiming it, but only if he/she makes a declaration in writing that he/she is the owner of the vehicle or is authorised by its owner to claim it, and pays the costs reasonably incurred by South Dublin County Council in removing and storing the said vehicle.
South Dublin County Council will retain any such vehicles for six (6) weeks. If at the end of this period, the vehicle remains unclaimed and not removed, South Dublin County Council will dispose of the vehicle as authorised under the Act.
Appendix 2 – Sample Sticker
SOUTH DUBLIN COUNTY COUNCIL
The Council hereby advises that under Section 71 of the Roads Act, 1993
THIS VEHICLE IS PLACED
ILLEGALLY
ON THE PUBLIC ROAD.
PLEASE REMOVE THIS VEHICLE IMMEDIATELY
FAILURE TO DO SO SHALL LEAD TO THE REMOVAL OF THE VEHICLE BY SOUTH DUBLIN COUNTY COUNCIL
THE COST OF THE REMOVAL AND STORAGE OF THE VEHICLE MUST BE PAID BY THE OWNER, PRIOR TO IT BEING CLAIMED AND RECOVERED BY THE OWNER.
Upon its removal, the vehicle will be stored on behalf of the Council for a maximum period of six (6) weeks, after which time the Council shall dispose of the vehicle.
Appendix 3 – Sample Letter
By Registered Post
Notice Under Section 71 of the Roads Act, 1993
A. N. Other
Address
Address
RE: Unauthorised placing of Goods for Sale on Public Roadside
Vehicle Registration No.
Vehicle Location:
Dear ………..,
It has come to the attention of South Dublin County Council that Vehicle Registration No. …………… of which you are the registered owner has been placed for sale on the public roadside at the above location.
You are hereby formally notified that such practice is an offence under Section 71 of the Roads Act, 1993.
You are further notified that should you fail to remove the vehicle within 24 hours, or should you remove the vehicle and place it on the roadside on any future occasion, the Gardai will be notified and South Dublin County Council will effect the immediate removal of the above vehicle as authorised under the Act.
You are strongly advised to note the following additional provision of Section 71 of the Roads Act, 1993:-
A vehicle removed and stored by, or on behalf of, South Dublin County Council in accordance with the provisions of Section 71 shall be given to a person claiming it, if, he/she makes a declaration in writing that he/she is the owner of the vehicle or is authorised by its owner to claim it and pays the amount of the expenditure reasonably incurred in removing and storing the said vehicle.
South Dublin County Council may dispose, or procure the disposal, of a vehicle removed and stored after the expiry of six (6) weeks from the date of its removal under Section 71 if:-
(a) the owner of the vehicle fails to claim it and remove it from the place where it is stored within one month of the date on which a notice, advising of its removal, was served on him/her or
(b) the name and address of the owner of the vehicle cannot be ascertained by reasonable inquiry.
Yours sincerely,
__________________________
Administrative Officer
Roads Department