Settle an argument

Victor

http://www.irishstatutebook.ie/2002/en/act/pub/0009/sec0024.html#partiii-sec24

24.—The Criminal Justice (Public Order) Act, 1994 , is amended by inserting the following after Part II:

“PART IIA

Offences Relating to Entering and Occupying Land Without Consent

...

Entry on and occupation of land or bringing onto or placing an object on land without consent.

...

19C.—(1) A person, without the duly given consent of the owner, shall not—
(a) enter and occupy any land, or
(b) bring onto or place on any land any object,

where such entry or occupation or the bringing onto or placing on the land of such object is likely to—

(i) substantially damage the land,

(ii) substantially and prejudicially affect any amenity in respect of the land,

(iii) prevent persons entitled to use the land or any amenity in respect of the land from making reasonable use of the land or amenity,

(iv) otherwise render the land or any amenity in respect of the land, or the lawful use of the land or any amenity in respect of the land, unsanitary or unsafe,

(v) substantially interfere with the land, any amenity in respect of the land, the lawful use of the land or any amenity in respect of the land.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

...

Penalties and proceedings.

19G.—(1) A person guilty of an offence under this Part shall be liable on summary conviction to a fine not exceeding €3,000 or to a term of imprisonment not exceeding one month or to both.

Can it be considered that someone obstructing a driveway or parking space without the owners consent is committing a criminal trespass by virtue of depriving the owner of the amenity driveway or parking space that such gives? Note "amenity" does not mean "high amenity", wonderful landscapes and fresh air - it has to be construed with what the land is normally used for or the owner is entitled to use it for.

In particular, I am considering the parking of vehicles in private car parks, especially by those who have lesser rights, e.g. visitors.

Carawaystick

I don't see how blocking a driveway could apply, if you park on the public road, but parking in a reserved spot in a flat complex might fall foul of S19C (b) (iii)

McCrack

A pre requisite for S.19(v) is that something must be brought onto land.
Parking a car which happens to block access is not going to satisfy this section. It is illegal under SI Parking Regulations 1997 (I think).

This legislation was specifically aimed at travellers as it gives Gardai power to demand that they move their property off anothers land.

Victor

Sorry, I'm talking about obstructing a driveway by parking on it, not parking on the public road.

S19 doesn't apply to public roads, the Parking Regulations do - http://www.irishstatutebook.ie/1997/en/si/0182.html

McCrack

Potentially Victor, it's certainly within the scope of the legislation but in reality I cant see a Garda prosecuting somebody for this.

The legislation mentions 'substantial' and 'prejudice', a once-off isn't going to satisfy this, something more intentional and continuous would be required if a criminal prosecution were to follow.

happyhappy

Victor wrote: »

Sorry, I'm talking about obstructing a driveway by parking on it, not parking on the public road.

S19 doesn't apply to public roads, the Parking Regulations do - http://www.irishstatutebook.ie/1997/en/si/0182.html

if the car is blocking a driveway but parked in a public place, the offence of obstruction (section 98 of the road traffic act off the top of my head) might be relevant. it would of course depend on the circumstances.

depending on what it is blocking there is the offence of dangerous parking contrary to section 55 of the rta also. again it would also depend on the specific incident to determine the offence

Hooch

happyhappy wrote: »

if the car is blocking a driveway but parked in a public place, the offence of obstruction (section 98 of the road traffic act off the top of my head) might be relevant. it would of course depend on the circumstances.

depending on what it is blocking there is the offence of dangerous parking contrary to section 55 of the rta also. again it would also depend on the specific incident to determine the offence

Above is spot on Victor. I've prosecuted for it several times. it just depends how far into the drive the vehicle is parked, RTA only covers public road for the purposes of the act (not public place as most regular lads say in court!!!).