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Road Traffic Liability

  • 23-06-2011 5:12pm
    #1
    Inmyownworld
    Registered Users, Registered Users 2 Posts: 230 ✭✭


    Road Traffic Act 2010
    55.— (1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.
    (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction—
    (a) in the case of—
    (i) a first offence, where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or
    (ii) a second or any subsequent offence, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding one month or to both, and
    (b) in any other case, to a fine not exceeding €2,000.

    Would this section come into play regarding liability in a situation where one person skidded on a wet road and when the car came to a stop then parked on the road, turned off all lights and the engine and had no hazard lights on, on an un-lit street within lighting up hours, when another car skidded in the same place and skidded into the back of the first car?


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    No. That section creates criminal liability. It has no application to a civil case, unless the first driver was prosecuted for the offence and found guilty in advance of the civil case in which it would be a matter of legal fact (barring a successful appeal) that he or she had parked in contravention of the section.

    The court dealing with the civil case will still examine, however, the driving of the second vehicle to establish whether it was negligent or not.

    In the absence of a criminal prosecution the section is more or less irrelevant.


  • #3
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Inmyownworld wrote: »
    Would this section come into play regarding liability in a situation where one person skidded on a wet road and when the car came to a stop then parked on the road, turned off all lights and the engine and had no hazard lights on, on an un-lit street within lighting up hours, when another car skidded in the same place and skidded into the back of the first car?

    Why was the street unlit?
    was the public authority at fault or was there a power cut?


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