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Parking offenses

  • 05-04-2011 8:36pm
    #1
    Tonto86
    Registered Users, Registered Users 2 Posts: 731 ✭✭✭


    Hi Folks,

    Just looking for a bit of help understanding some law.

    I got a parking ticket in Navan. I tried to explain to the council I wasnt parked, but broken down. The clutch had gone in the car and I had to get it towed.

    My understanding was that if the car was broken down I wasnt technically parked. The same way that if I'm in the car it isnt parked, its stopped.

    What I'm trying to find, if ye could help, is the legal backup for this... I.E. the park of the Road Traffic Act 2002 section 12 that would back me up.

    I've been reading it and to be honest.... im confused. Im hoping someone with some clue of how to hell to read this stuff could help me

    Cheers!
    Mark :pac:


Comments

  • #2
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    You need to check the local bye laws to see if there is an exemption for broken down vehicles.


  • #3
    MullerMan
    Closed Accounts Posts: 6 ✭MullerMan


    Our man in Havana wrote: »
    You need to check the local bye laws to see if there is an exemption for broken down vehicles.
    As quoted, it would likely be a local bye law issue which are set by the Local Authority (Council) within their limited jurisdiction.


  • #4
    Tonto86
    Registered Users, Registered Users 2 Posts: 731 ✭✭✭Tonto86


    Cheers lads.

    Did a little digging and found them.... one bit in particular interested me
    Conditions for parking.
    7. (1) Where, on a roadway, there is a restriction on parking imposed by means of paragraph 3 ( a ), 3 ( b )or 3 ( d )of bye-law 6 of these Bye-laws and indicated by means of an authorised traffic sign, a vehicle may be parked only if it complies with the following conditions—

    ( a ) that it is a mechanically propelled vehicle with seating accommodation for not more than 12 people other than the driver,

    Seeing as my vehicle had a broken flywheel and shattered clutch and was no longer able to mechanically propel itself (i.e. it had to be towed) would this mean I am not technically parked?

    I dont really know if im right here, would appreciate the help legal eagles!

    Cheers


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,719 ✭✭✭✭coylemj


    Section 3. RTA 1961

    (2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through accident, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded for the purposes of this Act as not being a mechanically propelled vehicle.

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0003.html#sec3


  • #6
    Tonto86
    Registered Users, Registered Users 2 Posts: 731 ✭✭✭Tonto86


    lads ye are legends.....

    Ya really are!


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