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Obstruction of pedestrians

  • 06-05-2013 1:19am
    #1
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭


    There is a row heated argument here: http://www.boards.ie/vbulletin/showthread.php?t=2056939950 which includes the matter of stopped vehicles (primarily taxis at a rank, but also other vehicles) obstructing pedestrians from crossing the road by virtue of parking too close to each other. However, I can't find anything under the Road Traffic Acts relating to obstructing pedestrians (obstructing traffic is an offence, but pedestrians aren't traffic for the purposes of the traffic regulations). Any ideas, other than common law and the Criminal Justice (Public Order) Act 1994?

    http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/public_order_offenses_in_ireland.html
    Wilful obstruction

    Under Section 9 of the Criminal Justice (Public Order) Act 1994 anyone without legal authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place shall be guilty of an offence. The penalty for this offence is a class E fine.

    This section was created in order to protect the constitutional rights of the individual to pass and re-pass on a public highway. While the Gardai have no power of arrest under this Section they can invoke the powers of Section 7 of the Act and direct any person to desist from the obstruction in question. Failure to comply with that direction is an offence.


Comments

  • #2
    Spook_ie
    Registered Users, Registered Users 2 Posts: 10,896 ✭✭✭✭Spook_ie


    I suggest we stick with the taxis and the comment that it's illegal for the taxis to be nose to tail in the designated rank, parking bays are a different issue altogether and have merely been mentioned to highlight the difference between a rank and a parking space, both in designation under various bye laws, traffic laws etc. and how they are marked and delineated.


  • #3
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    How long is this rank that people can't just walk to the end of it?


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    First there is no law saying you must leave x space between cars. Second it's dangerous to cross a road between cars. Third most if not all ranks are in urban settings and all I know of are close to a pedestrian crossing. Fourth road traffic regulations make it an offence for a pedestrian to cross a road within 15 meters of a crossing and not use the crossing. So in my opinion the argument it complete tosh.

    http://www.irishstatutebook.ie/1997/en/si/0182.html#zzsi182y1997a46


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