Some legal questions/pondering

Sully

Hey folks..

Two questions for the legal eagles if I may;

1) Who is entitled to ask you on the details of a criminal record? I spotted one a college Club registration form it asked if the applicant had a criminal record, and if so, provide the details. Unusual but legal request, I assume?

2) What road traffic laws require bye-laws in place? Do yellow lines require by-laws or will the Road Traffic act cover this regarldess of local laws? What about pedestrian crossings, clearways, lane use etc. When, in terms of Road Traffic laws, are bye-laws needed?

Thanks

eagle_&_bear

Sully wrote: »

Hey folks..

Two questions for the legal eagles if I may;

1) Who is entitled to ask you on the details of a criminal record? I spotted one a college Club registration form it asked if the applicant had a criminal record, and if so, provide the details. Unusual but legal request, I assume?

2) What road traffic laws require bye-laws in place? Do yellow lines require by-laws or will the Road Traffic act cover this regarldess of local laws? What about pedestrian crossings, clearways, lane use etc. When, in terms of Road Traffic laws, are bye-laws needed?

Thanks

In answering your questions, I'd really need to know the context of the club. Does it have children as members? Do it have members of the public in it? Generally they should not be collating such information unless they are a signed party to the Data Protection System. It is a common request but you usually see it when you are working with the public, with children, with special needs and/or the eldery. It is seen when joining professional bodies also. I'm not sure why a communal sports club (if it is that) would require such information, unless insurance is at issue.

As for the second question. The main legislation in this country is passed and enacted through the Oireachtas and signed into law by the relevant minister of the day. Article 15 of the constitution allows that minister delegate legislation to nominated bodies - in this case: local councils and county councils who can in turn, via Art 15 enact bye-laws for the local governance of the areas within their catchment.

Road markings (speed limit signs, box markings etc) are required to be registered with Oifig an Irriguel which is subsequently published. The Office is set up via Oireachtas lead legislation. So it very much depends where the road markings are? and whether they are registered and published or not? In order for someone to be fined or prosecuted for, example, parking on yellow lines, those lines should be listed in the publication, same with speed limit signs- such signs, if there is a dispute as to the designation of that road, should be published. once published the list is considered conclusive and such burdens rest on the application to reverse that.

dermot_sheehan

Seeking information about prior convictions is permissable, but such data is subject to the data protection act and must be stored by the college for a legitamite purpose.

A person is entitled to state that they have no convictions if the convictions took place while the person was under the age of 18 and three years have passed with no other convictions (s. 258 Children's act 2001). The record of a juvenile convict is automatically wiped after 3 years.

Local Bye laws relate to special speed limits and pay and display parking. A double yellow is a designated sign under the Road Traffic (signs) regulations 1997 and parking on it is an offence under s. 103 or 102 of the road traffic act 1961 as applied by the road traffic (driving and parking) regulations 1997. These regulations are. Made by the minister for environment and have effect. Nationally. The local authority applies it to a street by placing the sign (in case of a double yellow line by painting it on the street)

Sully

eagle_&_bear wrote: »

In answering your questions, I'd really need to know the context of the club. Does it have children as members? Do it have members of the public in it? Generally they should not be collating such information unless they are a signed party to the Data Protection System. It is a common request but you usually see it when you are working with the public, with children, with special needs and/or the eldery. It is seen when joining professional bodies also. I'm not sure why a communal sports club (if it is that) would require such information, unless insurance is at issue.

Aye, I thought as much. It was for a college radio station, so it may have been insurance related.

Local Bye laws relate to special speed limits and pay and display parking. A double yellow is a designated sign under the Road Traffic (signs) regulations 1997 and parking on it is an offence under s. 103 or 102 of the road traffic act 1961 as applied by the road traffic (driving and parking) regulations 1997. These regulations are. Made by the minister for environment and have effect. Nationally. The local authority applies it to a street by placing the sign (in case of a double yellow line by painting it on the street)

What about the likes of pedestrian walks/crossing? Is it just pay and display and special speed limits? There is some debate that the yellow lines in our local town are not legally binding as the council have not passed them as bye-laws but my understanding was that once applied - they are enforcable by the Road Traffic regulations that apply nationally.

nuac

AFAIK yellow no parking lines and similar road markings are laid down by the local authority. They don't require byelaws i.e resolutions of the Councillors, but are decided by "manager's order" on recommmendation of roads engineer. These yellow lines etc are changed from time to time and it would be cumbersome having a Council debate each time.

Pay and Display schemes etc do require Byelaws passed by the elected members.

Haven't heard of any requirement to advertise byelaw in Iris Oifigiúl - the fact that they are made but not full text is advertised in local papers, which have a wider readership than An Iris Oif.