Some questions about road traffic laws.

98-00

I just have a few legal queries. I've tried looking on the citizens information website with no luck. I have many more little queries like this.

Where a pedestrian footpath along side a road crosses an entrance to a private property should the pedestrian give way to a motor vehicle entering/exiting or does the the pedestrian have the right?

From what I was told many years ago the only pedestrian crossings where the pedestrian had the right of way were either at traffic lights or the black and white zebra crossings. Is this still the case?
I ask this in relation to these raised cobble-lock/tar ramps that seem to be everywhere nowadays, there at the same level as the footpath and people assume rightly or wrongly that pedestrians have the right of way on them.

Do the road traffic laws extend to private roads?

The definition of a public space is:-
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;
Does this mean if a small gate is open to a field, where motor vehicles can not fit through, it is not a public space?

Procrastastudy

98-00 wrote: »

Where a pedestrian footpath along side a road crosses an entrance to a private property should the pedestrian give way to a motor vehicle entering/exiting or does the the pedestrian have the right?

Look at the pavement. Is the curb dropped, so that the pavement is continuous? If so the pedestrian has right of way.
This is the vast majority of entrances to private houses, a lot of petrol stations and some car parks.

Does the pavement end and then start up again (with or without dropped curbs either side) technically the motorist would have right of way BUT as you are (a) in a car (b) have insurance there will be a "leaning" to award against you if you hit a pedestrian.

As the motorist you should always be the one exercising more care.

Victor

98-00 wrote: »

Where a pedestrian footpath along side a road crosses an entrance to a private property should the pedestrian give way to a motor vehicle entering/exiting or does the the pedestrian have the right?

The vehicle should yield to the pedestrian.

From what I was told many years ago the only pedestrian crossings where the pedestrian had the right of way were either at traffic lights or the black and white zebra crossings. Is this still the case?

Not quite. As soon as a pedestrian starts crossing the roadway, vehicles should yield (although its not a good idea for pedestrians to will-nilly wander across the road). This has always been the case.

I ask this in relation to these raised cobble-lock/tar ramps that seem to be everywhere nowadays, there at the same level as the footpath and people assume rightly or wrongly that pedestrians have the right of way on them.

As an engineering measure they are there to say "Pedestrians here! Slow down in your vehicle". Legally, as above, the vehicle always had to yield to the pedestrian.

Do the road traffic laws extend to private roads?

If the general public has access to the road, then yes.

The definition of a public space is:-
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;

I think that definition has change to include all roads in the charge of councils. Also the definition may vary for different purposes, e.g. starting a mini-riot in your driveway will make it a public place for public order legislation.

Does this mean if a small gate is open to a field, where motor vehicles can not fit through, it is not a public space?

Only for the purposes of the Road Traffic Acts, but note that motorbikes or similar may be able to fit in where other vehicles can't.

98-00

Are these laws written down somewhere? I have tried looking through citizens information website, but can't find anything.

Victor

98-00 wrote: »

Are these laws written down somewhere? I have tried looking through citizens information website, but can't find anything.

The road traffic acts and the associated statutory instruments (orders and regulations). But be aware that there are as dozen acts and hundreds of SIs.

www.irishstatutebook.ie

ResearchWill

98-00 wrote: »

I just have a few legal queries. I've tried looking on the citizens information website with no luck. I have many more little queries like this.

Where a pedestrian footpath along side a road crosses an entrance to a private property should the pedestrian give way to a motor vehicle entering/exiting or does the the pedestrian have the right?

From what I was told many years ago the only pedestrian crossings where the pedestrian had the right of way were either at traffic lights or the black and white zebra crossings. Is this still the case?
I ask this in relation to these raised cobble-lock/tar ramps that seem to be everywhere nowadays, there at the same level as the footpath and people assume rightly or wrongly that pedestrians have the right of way on them.

Do the road traffic laws extend to private roads?

The definition of a public space is:-
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;
Does this mean if a small gate is open to a field, where motor vehicles can not fit through, it is not a public space?

Public place was amended by the 1994 Act



“‘public place’ means—

(a) any public road, and

(b) 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;”;

So it's any public road, that was added to included Grafton Street, orits 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,

So you must have access as of right or by permission, so a car park owned by a private company is a public place, if it is say a pub or hotel, but not if say its a company who only give access to named staff.