ROAD TRAFFIC ACT, 1994

36.—(1) A road authority may make bye-laws for the control and regulation of the parking of vehicles in places specified in the bye-laws (in this section referred to as parking places) on public roads within their functional area and shall in the bye-laws provide for the payment of fees in respect of such parking.

 

(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

 

(a) the specification of parking places;

 

(b) the payment of fees, including the manner and proof of payment (whether by means of a parking meter, the purchase and exhibition of a document, or otherwise) in respect of the parking of vehicles;

 

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

 

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

 

(e) 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;

 

(f) 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;

 

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

 

(h) 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;

 

(i) 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.

 

(3) 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—

 

(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), and

 

(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; and

 

(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).

 

(4) Different bye-laws may be made under this section—

 

(a) in respect of different areas within the functional area of a road authority,

 

(b) in respect of different classes of vehicles,

 

(c) for different circumstances, and

 

(d) in respect of different periods of time.

 

(5) The making of bye-laws under this section and the consideration of observations or representations under subsection (3)(c) shall be reserved functions.

 

(6) As soon as may be after the making of bye-laws under this section notice of their making and of the place where copies thereof may be purchased or inspected shall be published in Iris Oifigiúil and in one or more newspapers circulating in the area to which the bye-laws relate.

 

(7) The Minister may issue general guidelines to road authorities relating to the content of bye-laws under this section and may amend or cancel any guidelines under this subsection and, where any such guidelines are in force for the time being, bye-laws under this section shall be made by road authorities in accordance with the guidelines.

 

(8) (a) A person who contravenes a bye-law under this section shall be guilty of an offence.

 

(b) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under this section, each of the following persons shall be guilty of an offence—

 

(i) the registered owner of the vehicle,

 

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

 

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

 

(9) (a) Where a person charged with an offence under subsection (8) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

 

(i) such use was unauthorised, or

 

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

 

(b) Where a person charged with an offence under subsection (8) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

 

(10) In this section 'parking meter' means an apparatus for collecting fees at a parking place and for indicating payment of such fees and the periods that have elapsed since they were paid.

 

(11) (a) Subject to paragraph (b), any fees under this section shall be disposed of in such manner as the road authority concerned may by resolution determine.

 

(b) The Minister may issue general guidelines to road authorities relating to the disposal of fees under this section and may amend or cancel any such guidelines and, where any such guidelines are in force for the time being, fees under this section shall be disposed of by road authorities in accordance with the guidelines.

 

(c) The making of a resolution pursuant to paragraph (a) shall be a reserved function.

 

(12) In any prosecution for an offence under this section, a parking meter at a parking place shall be presumed, until the contrary is shown by the defendant, to have been duly placed there under this section and to have been accurate and in good working order.

 

(13) The performance by a road authority of their functions under this section or under any bye-law thereunder shall not render the authority subject to any liability in respect of loss of or damage to any vehicle in a parking place or the contents of such vehicle.