Garda Parking Fine in Private car park?

stevire

Not sure if this is the place to post or not...

Last night I was collecting my girlfriend from Heuston station. I stopped in the wheelchair zone in the set-down area. I had no intention of leaving the car, and was only there for 2 minutes. In the meantime a Garda came over and informed me I was parked in a Wheelchair zone, I told him I was only going to be 2 minutes and was not going to leave the car.

The Garda then asked for my license and gave me a parking fine. The thing is, the car park is controlled by Euro Car Parks who monitor the area and clamp people for inappropriate parking. Is it within the Garda's rights to give a ticket to a car in a privately run parking area? If so, then a person could get clamped AND pay a Garda fine?? Doesn't sound right to me!

Thanks in advance

nuac

I don't know the layout at Heuston, but it may be deemed a public place for the purposes fo the Road Traffic Acts.

In any case courts do not like to hear of anyone parking in the Disabled spaces - no excuses accepted, so pay whatever on the spot fine you get.

Some judges will disqualify for this.

Stainless_Steel

nuac wrote: »

In any case courts do not like to hear of anyone parking in the Disabled spaces - no excuses accepted, so pay whatever on the spot fine you get.

Surely the judge should leave his personal opinions aside...there is no law against using a disabled space in a private car park.

That said, not familiar with Heuston...could well be deemed a pulic place.

MarkR

Looks like it is a public place according to http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0003.html

"public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;

Stainless_Steel

MarkR wrote: »

Looks like it is a public place according to http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0003.html

Correct. BUT (and correct me if Im wrong) I think the RTA explicity says public roads when outlining road signs and markings. Public car park is not a public road.

Our man in Havana

Also there are bye laws that apply to Irish Rail property.

nuac

From many years in the District COurts I know that there is little sympathy for anybody who is not so entitled parking in a disabled space. Letting it go to court on technical arguments is a high risk strategy.

Hooch

nuac wrote: »

I don't know the layout at Heuston, but it may be deemed a public place for the purposes fo the Road Traffic Acts.

In any case courts do not like to hear of anyone parking in the Disabled spaces - no excuses accepted, so pay whatever on the spot fine you get.

Some judges will disqualify for this.

nuac wrote: »

From many years in the District COurts I know that there is little sympathy for anybody who is not so entitled parking in a disabled space. Letting it go to court on technical arguments is a high risk strategy.

O/P i'd listen to nuac above. Its spot on. Let it go to court at your peril. (it most certainly covered by RTA)

Carawaystick

It doesn't sound like the OP parked, If he was in his car all the time. see what the fine ses and look up the law then.

Hooch

Carawaystick wrote: »

It doesn't sound like the OP parked, If he was in his car all the time. see what the fine ses and look up the law then.

Stopping your car on a restriction is parking......i've fought that one with a double yellow all the way to Circuit court, and won.

PCPhoto

it sounds to me like the garda should have asked(told) you to move on and keep the space open.... but due to your "I'm only here for a few mins" attitude he/she got upset and thought they'd "do you".

personally - I have very little sympathy for you - dont think anyone should park in a space for a disabled person - except those who actually need it !!!


why didnt you just keep driving - park down by the car park ...or if you were too cheap to pay for your couple of minutes parking- keeping driving around until your girlfriend phoned to ask where you are - and you tell her your location.

OP - do you know for a fact that there were no special needs drivers who may have benefitted from using that space in or near the train station at that time ?

Carawaystick

nice guy always wrote: »

Stopping your car on a restriction is parking......i've fought that one with a double yellow all the way to Circuit court, and won.

Why are there Clearways then?

Hooch

Carawaystick wrote: »

Why are there Clearways then?

Clearways are areas that parking is prohibited of limited to certain times. As I said in my post.....stopping on a restriction...ie yellow lines, disabled bay is parking. Your stopping on a site specific restriction.

Stopping on a clearway in traffic......is not. A clearway it to promote the free movement of traffic. You are progressing with the speed of the vehicle in front, in the lane provided (all clearways have lanes to include bus stops etc). As clearways are defined by Bye laws....and they can change by country here is the Dublin one

http://www.irishstatutebook.ie/1971/en/si/0059.html

Irish Statute Book wrote:

S.I. No. 59 of 1971.

DUBLIN TRAFFIC AND PARKING BYE-LAWS, 1971.

I, MICHAEL J. WYMES, Commissioner of the Gárda Síochána, in exercise of the powers conferred on me by sections 89 and 90 of the Road Traffic Act, 1961 (No. 24 of 1961) (as amended by section 6 of the Road Traffic Act, 1968 (No. 25 of 1968)), with the consent of the Minister for Local Government and after consultation with the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin, the council of the county of Dublin, the corporation of Dun Laoghaire and the commissioners of the town of Balbriggan, hereby make the following bye-laws in respect of the area comprising the county borough of Dublin the borough of Dun Laoghaire, the county of Dublin, and the town of Balbriggan:

Short title.

1. These bye-laws may be cited as the Dublin Traffic and Parking Bye-laws, 1971.


Interpretation.

2. (1) In these bye-laws—


"clearway" means a section of roadway at the start of which a clearway sign is erected and at the end of which a clearway sign and an information plate, containing the word' 'End", the word "Deire" or both those words, are erected;


"clearway period" means a period specified on an information plate erected below a clearway sign;


"clearway sign" means traffic sign number 215 authorised by the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ), as amended by the Road Traffic (Signs) (Amendment) Regulations, 1966 ( S.I. No. 233 of 1966 );


"the Dublin area" means the area comprising the county borough of Dublin, the borough of Dun Laoghaire, the county of Dublin and the town of Balbriggan;


"holiday" means any of the following days—


St. Patrick's Day or, if that is a Sunday, the next day,


Good Friday,


Easter Monday,


the first Monday in June,


the first Monday in August,


Christmas Day or, if that is a Sunday, the 27th day of December,


St. Stephen's Day or, if that is a Sunday, the next day,


any day appointed under the Public Holidays Act, 1924 (No. 56 of 1924), to be a bank holiday in addition to or instead of one of the above seven days;


"information plate" means a plate of the type authorised by paragraph 4 of Part VI of the First Schedule to the Road Traffic (Signs) Regulations, 1962;


"street" means a public road;


"vehicle" does not include a pedal cycle.


Area of application.

3. These bye-laws shall apply to the Dublin area.


Prohibition of parking on clearways.

4. The stopping or parking of a vehicle on a part of a roadway in the Dublin area which is a clearway is hereby prohibited during a clearway period.


Non-application of bye-law 4.
5. Bye-law 4 shall not apply

(a) on a holiday;

(b) to a vehicle being used in connection with—

(i) the removal of any obstruction to traffic,

(ii) the maintenance, improvement or reconstruction of a street or part thereof,

or

(iii) the provision, alteration or repair of a sewer, of a main, pipe or apparatus for the supply of gas, water or electricity, or of a telegraphic or telephonic line;

(c) to a fire engine, ambulance or Garda Síochána vehicle being used in pursuance of statutory powers or duties;

(d) to a vehicle stopped or parked because the stopping or parking is necessary in order to avoid an accident;

(e) to an omnibus stopped at a stopping place or stand directed by notice under section 85 of the Road Traffic Act, 1961 (No. 24 of 1961);

(f) to a small public service vehicle while merely picking up or setting down passengers;

(g) to a vehicle stopped when so required under the Road Traffic Act, 1961 , the Road Traffic Act, 1968S.I. No. 294 of 1964 ), or because of the exigencies of traffic. (No. 25 of 1968) or the Road Traffic General Bye-laws, 1964 (

GIVEN under my hand this 14th day of January, 1971.

MICHAEL J. WYMES.


Commissioner of the Garda Síochána.


The Minister for Local Government hereby consents to the making of the foregoing bye-laws.

GIVEN under the Official Seal of the Minister for Local Government this 15th day of February, 1971.

ROBERT MOLLOY.


Aire Rialtais Áitiúil.

Victor

Carawaystick, good vehicles can un/load on DYL, but not in a clearway, so they are different.

nice guy always wrote: »

http://www.irishstatutebook.ie/1971/en/si/0059.html

Are you sure thats current?

Carawaystick

Section 4 of the law quoted mentions about stopping or parking on a clearway.

I assumed you can't stop on a clearway, during it's operation times but you can stop outside these times.
And the law seems to agree that stopping and parking are different things.

I've regularly seen clearway signs with double yellow lines. you can;t park anytime, you can't stop during the clearway times.

Our man in Havana

And the law seems to agree that stopping and parking are different things.

You are correct.

With clearways if you stop except in the normal course of traffic an offence is committed.

With double yellow lines you can stop but not park.