COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

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MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 16, 2012

QUESTION NO. 5

QUESTION: Councillor E. Higgins

To ask the Manager to outline in detail procedure required to amend a schedule to the current Control of Parking Bye Laws?

REPLY:

Local Authorities are empowered to create Bye Laws controlling the parking of vehicles on public roads. Any schedules included in the bye laws are integral to the Bye Laws. Any modification of a schedule is considered to be a change to the Bye Laws. To modify a Bye Law the existing Bye Law must be rescinded and a new Bye Law adopted.

The council has made such Bye Laws in 2010 and previously in 2003 (Lucan) and 2005. 

The power of the Council to make such Bye Laws is contained in Section 36 of the Road Traffic Act, 1994 and section 101 of the Road Traffic Act, 1961 

Part (3) of Section 36 of the Road Traffic Act sets out the process, which must be adhered to in progressing the approval of the Bye-Laws under this section:  

Before making bye-laws under this section (other than bye-laws relating to the fees to be paid in respect of the parking of vehicles), a road authority shall: 

Road Traffic Act Requirement:

(a)

Consult with the Commissioner

(b)

Publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—

 

(i)

Indicating that it is proposed to make bye-laws under this section

 

(ii)

Indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the draft bye-laws may be inspected,

 

(iii)

Stating that representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than 2 weeks after the end of the period for inspection),

 

(iv)

Stating that a copy of the draft bye-laws may be purchased on payment of a fee not exceeding the reasonable cost of making such copies

(c)

Before deciding whether to make the bye-laws and determining their content, consider any observations made to them by the Commissioner or any representations made to them pursuant to paragraph (b) (iii)

 On completion of the public consultation phase of this process a full report is presented to each of the Area Committees prior to adoption by the Council. A substantial duration should be considered for completion of this process.  

The Bye Laws set out the following information with regard to the provision and control of on street parking in relation to areas within the villages mentioned above: 

(a)                the payment of fees, including the manner and proof of payment in respect of the parking of vehicles; 

(b)               the specifying of the amount of any fees payable pursuant to bye-laws under paragraph (c); 

(c)               the specifying of the maximum periods for which vehicles may be parked in specified parking places; 

(d)               the prohibition of the parking of vehicles in a parking place for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified; 

(e)               the prohibition of the parking of vehicles in a parking place for a longer period than that in respect of which a fee was paid; 

(f)                the specifying of the classes of vehicles which may use a parking place in respect of which a fee is payable; 

(g)               the exemption of specified classes of vehicles from the payment of fees in respect of parking, the conditions under which specified classes of vehicles may be so exempted and the identification of exempted vehicles; 

(h)               that indications given by parking meters shall be treated as evidence until the contrary is shown of such facts and for such purposes as may be specified in the bye-laws.