Use of public highway from kerb to kerb

Just The One

If I pay my car tax does that mean that I have the right to use the public highway or are there restrictions as to the use.

Can someone tell me that I can't park in a specific spot/place or that I can't drive in a certain place?

Calina

Well,

are you arguing against double and single yellow lines or what? Or pedestrian only streets? Or buslanes?

Skyhater

Just The One wrote:

If I pay my car tax does that mean that I have the right to use the public highway or are there restrictions as to the use.

Can someone tell me that I can't park in a specific spot/place or that I can't drive in a certain place?

Ofcourse there are restrictions.... It's called the law.
You can't drive on Motorways if you are a L driver; you can't park on double yellow line, etc, etc, etc!!!!

Stark

Just_The_One wrote:

If I pay my car tax does that mean that I have the right to use the public highway or are there restrictions as to the use.

I'm not sure if I understand the question.

What do you mean by public highway? Public motorways? If you have a full licence, and your car is taxed, insured and NCTed if applicable then yes, you can use any road you wish (subject to tolls on some roads). We don't have extra road tax for using motorways like some countries do.

Just_The_One wrote:

Can someone tell me that I can't park in a specific spot/place or that I can't drive in a certain place?

You have to obey the rules of the road.

robfitz

Just The One wrote:

Can someone tell me that I can't park in a specific spot/place or that I can't drive in a certain place?

Yes, that person is the Minister for Transport with powers conferred by Road Traffic Act and Roads Act, etc.

Some of the most relevant regulation text is:

Road Traffic (Traffic and Parking) Regulations, 1997, Article 36

Prohibitions on Parking

36. (1) Save as otherwise provided for in these Regulations and subject to article 5, a vehicle shall not be parked on a public road at a location, in a manner or for a purpose referred to in this article.
(2) A vehicle shall not be parked—
( a ) on that side of a section of roadway along the edge of which traffic sign number RRM 008 [double yellow lines] has been provided;
( b ) on a section of roadway where traffic sign number RUS 019 [No Parking sign] has been provided, during the period indicated on the information plate accompanying such traffic sign;
( c ) within 5 metres of a road junction;
( d ) on a section of roadway with less than 3 traffic lanes and where traffic sign number RRM 001 [continuous white line] has been provided;
( e ) on a section of roadway where traffic sign number RUS 020, in association with RRM 029 [appointed stand], has been placed to indicate that an appointed stand has been provided;
( f ) in any place, position or manner that will result in the vehicle obstructing, delaying or interfering with the entrance to or exit from a fire brigade station, an ambulance station or a Garda station;
( g ) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;
( h ) within 15 metres (on the approach side) or 5 metres (on the side other than the approach side) of a section of roadway where any of the following traffic signs have been provided—
(i) traffic sign number RPC 001 [Pedestrian Crossing];
(ii) traffic sign number RPC 002 [Pedestrian Crossing Complex]; or
(iii) traffic sign numbers RTS 00I, RTS 002, RTS 003 or RTS 004 [traffic lights];
( i ) on a footway, a grass margin or a median strip;
( j ) on a part of a roadway which is a casual trading area, during hours of trading, unless the vehicle is for the time being in use for the purposes of casual trading;
( k ) in a manner in which it will interfere with the normal flow of traffic or which obstructs or endangers other traffic;
( l ) where traffic sign RUS 031 stop; or RRM 030 [stopping place or stand] has been provided unless the vehicle is an omnibus.

Road Traffic (Traffic and Parking) Regulations, 1998, disallows parking on a cycle track.
Road Traffic (Traffic and Parking) Regulations, 2003, disallows parking on a tram lane.

OTK

There are no stupid questions

Ste.phen

Could the OP be referring to a 3rd party (neighbour?) saying that he can't park in front of their house, use an access lane, etc?

CiaranC

Igy wrote:

Could the OP be referring to a 3rd party (neighbour?) saying that he can't park in front of their house, use an access lane, etc?

Thats obviously what he is referring to.

As far as I know, you have as much right to park anywhere as anyone else, except for resident parking permit areas and suchlike.

cyclopath2001

Just The One wrote:

If I pay my car tax does that mean that I have the right to use the public highway or are there restrictions as to the use.

You don't get any 'rights'. You are merely fulfilling a fiscal obligation.

Rights are defined by the constitution. At present, there are no specific rigthts for motorists. If you are a qualifed driver, the law grants you some privileges & imposes many obligations on you.

Can someone tell me that I can't park in a specific spot/place or that I can't drive in a certain place?

Yes.

Stark

CiaranC wrote:

Thats obviously what he is referring to.

There's nothing obvious about his post!

Victor

CiaranC wrote:

Igy wrote:

Could the OP be referring to a 3rd party (neighbour?) saying that he can't park in front of their house, use an access lane, etc?

Thats obviously what he is referring to.

Well your telepathy is working much better than mine.

OTK wrote:

There are no stupid questions

I like the implication.

Bards

Point G from above:

( g ) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;

I would say this is what the OP is on about, that he wants to park accross a neighbours entrance... only guessing though as the OP has not been too clear.

corktina

theres a minefield for you if ever i saw one....can parking outside someones premises be said to be interefering with there access to it? possibly if they need to load and unload ...... I dont think many Gards etc will want to go there will they?

cyclopath2001

corktina wrote:

theres a minefield for you if ever i saw one....can parking outside someones premises be said to be interefering with there access to it? possibly if they need to load and unload ...... I dont think many Gards etc will want to go there will they?

The fundamental question of the OP was if there was such a right.

There is not.

corktina

Thats correct...you only have the RIGHT to park in an area designated as a parking area....in undesignated areas without posted restrictions you can park there but equally could be deemed to be causing an obstruction....

cyclopath2001

corktina wrote:

Thats correct...you only have the RIGHT to park in an area designated as a parking area....in undesignated areas without posted restrictions you can park there but equally could be deemed to be causing an obstruction....

That's not a right, that's a privilege.

Rights can only be granted by the constitution.

Zoney

corktina wrote:

theres a minefield for you if ever i saw one....can parking outside someones premises be said to be interefering with there access to it? possibly if they need to load and unload ...... I dont think many Gards etc will want to go there will they?

I don't think anyone would be on your side if the premises owner has put up a sign saying "entrance - no parking" or what have you.

I'm sure too that you can get a vehicle moved if it is causing an obstruction in such a situation.

robfitz

cyclopath2001 wrote:

Rights can only be granted by the constitution.

I would suggest this [thread=2054958299]thread[/thread] for more information on unenumerated rights.

cyclopath2001

That thread is certainly relevant, but I do not think that being permitted to drive a car or leave it unattended in a public place is a right, enumerated or otherwise.

Most of the trouble on our roads is caused by people with a bloody-minded attitude of 'enforcing their rights'.