Pay and Display as a Loading Bay

cormie

Hi folks,
Just a question on the laws here. I've just been told by somebody from DLRCC that if there is no loading bay space available, it's ok to use a pay and display spot without having to pay and display a ticket as long as I'm actively loading. He couldn't point me to any legislation for this however so was hoping somebody could help in this regard. He also mentioned that this could be different for each council.

Any feedback would be appreciated

Victor

http://www.dlrcoco.ie/Roads/parking_control_byelaws_2007_July.htm

DÚN LAOGHAIRE RATHDOWN COUNTY COUNCIL PARKING CONTROL BYE-LAWS, 2007

Non-application of Bye-Laws:

38. Bye-Law 8 of these Bye-Laws shall not apply to: -

...

d) where a vehicle being parked in a pay parking place during business hours is a goods vehicle parked while goods are being actively loaded in or on to it or unloaded from it,
Bye-Law 8 shall not apply until the expiration of 20 minutes after the commencement of the parking.

Bye-Law 8 is "Obligation to display a valid parking ticket". You would need to comply with all criteria.

“goods vehicle” means a vehicle used exclusively for the carriage of goods or burden in the course of trade or business and taxed as a goods vehicle;

“pay parking place” means a place, space or bay for the parking of a vehicle in a pay parking area on a public road or car park intended for the parking of mechanically propelled vehicles and where traffic sign number RUS 018 and any one of the following roadway markings RRM 011, RRM 012, RRM 013 or RRM 014 of the Signs Regulations are provided;

"business hours" is undefined.

http://www.dlrcoco.ie/Roads/Roads_Parking.htm

cormie

That's great Victor, thanks very much!

I would meet all criteria in the circumstances. Now I wonder whether this applies to all county councils or just DLRCC

Or would someone have to be aware of each councils regulation before parking in a pay and display without a ticket.

I actually heard that before about 20 minutes for commercial vehicles, but I thought I found out it was untrue, now it appears to be true. Perhaps only for DLRCC though?

Victor

The equivalent bye-laws in the city appear not to have that exemption, see Bye-law 40 "Waiver in respect of specific classes or categories of vehicles".

http://www.dublincity.ie/Documents/Parking_Control_(Amendment)_Bye-Laws_2008[1].pdf

cormie

Thanks again

That's a bit mad that it's allowed in DLRCC but not in Dublin City Council. It would surely improve traffic flow and delivery turn around times if drivers didn't have to worry about having to go find a ticket machine etc just to do a bit of loading!

Victor

Fingal doesn't have the exemption either and South Dublin doesn't seem to have parking bye-laws.

cormie

When you say bye-laws, what do you mean exactly? And would South Dublin cover D4, in particular, Barrow St?

Victor

cormie wrote: »

When you say bye-laws, what do you mean exactly?

Under the Road Traffic Acts (created by the Oireachtas at a national level), councils are allowed create bye-laws, detailed rules that apply only to that council area. What might work in Kenmare may not work in Dublin, so that local discretion is given. Bye-laws typically apply to part or all of a council area. For Dublin City, they apply to the entire city, for Kerry, they might only apply to towns and villages.

When a parking ticket is issued, they are issued in the name of the section of the Road Traffic Acts that allows bye-laws to be created

And would South Dublin cover D4, in particular, Barrow St?

Sorry, by South Dublin I mean South Dublin County - roughly south of the Liffey, west and south of the M50 and west of Ballinteer, but including Walkinstown and Templeogue. http://www.sdublincoco.ie/images/council/maps/map.gif

Barrow Street is most certainly in the city council area.

cormie

Thanks very much again Victor!! You've been more than helpful