articulated lorry in residential estate

seanin4711

Homeowner/renter drives his articulated truck through the estate at all hours of the day & night.
Is there a law against it?
thanks
John

Paulw

Contact your local council and they can clarify this for you.

Victor

Victor wrote: »

Generally it is legal for them to park anywhere, unless there is something specificly prohibiting them, be that council bye-laws for road in the charge of a council or the terms of a management company if a private company.

99% of Dublin City is covered by a parking ban on HGVs.

Pollution, noise, etc. are different matter, but may be an angle you can leverage.

There are a few options:

(a) Does the estate / neighbourhood have signs restricting HGVs?
(b) Some councils ban HGV parking (not loading) in large amounts of their urban areas, with this sign http://www.drivingschoolireland.com/image/zonal_restrictions.gif e.g. for Dublin City Council, it is the entire city, less a short list of streets.http://www.dsps.ie/?page_id=149
(c) Is there a nuisance factor?

Carawaystick

Victor wrote: »

There are a few options:

(a) Does the estate / neighbourhood have signs restricting HGVs?

How would your bins get collected?

Victor

Carawaystick wrote: »

How would your bins get collected?

Hmm. The restrictions exclude deliveries / access.

I presume this is why the introduced the option of the parking ban.

L1011

Carawaystick wrote: »

How would your bins get collected?

Generally the ban is for parking and nothing else.

My parents estate had this ban brought in after a Tayto (when it was C&C, this is how long ago it was) driver would occasionally store multiple trucks outside his house. The resident who operates a business from his premises that uses a HGV that is fully parked on his property and not the road is not affected.

Shannon757

seanin4711 wrote: »

Homeowner/renter drives his articulated truck through the estate at all hours of the day & night.
Is there a law against it?
thanks
John

Is it parked or is he just driving through?

seanin4711

for a period of time can vary 1hr-2hrs.
health and safety issue and a concern as estate not taken in charge by council.
kids playing, blind corners etc
articulated musgrave delivery truck for supermarkets, the big one!

seanin4711

Victor wrote: »

There are a few options:

(a) Does the estate / neighbourhood have signs restricting HGVs?
(b) Some councils ban HGV parking (not loading) in large amounts of their urban areas, with this sign http://www.drivingschoolireland.com/image/zonal_restrictions.gif e.g. for Dublin City Council, it is the entire city, less a short list of streets.http://www.dsps.ie/?page_id=149
(c) Is there a nuisance factor?

(a) not as yet
(b) not taken in charge
(c) health & safety grounds

coylemj

seanin4711 wrote: »

(c) health & safety grounds

Trucks drive in and out of shopping centres all the time doing deliveries where there are children about, ditto furniture and electrical stores sending large trucks to do deliveries in housing estates. So I doubt if the H&S claim will get you anywhere.

seanin4711

coylemj wrote: »

Trucks drive in and out of shopping centres all the time doing deliveries where there are children about, ditto furniture and electrical stores sending large trucks to do deliveries in housing estates. So I doubt if the H&S claim will get you anywhere.

certain times of day for deliveries (night) and purpose built for trucks of that size.
not for a private housing estate plus the damage a fully laden truck makes to the surface within.
wont get me anywhere,eh ?

Deagol

seanin4711 wrote: »

Homeowner/renter drives his articulated truck through the estate at all hours of the day & night.
Is there a law against it?
thanks
John

We had this issue when I was younger and living at the homeplace. Amazing how fast the guy stopped bringing it into the estate when the local 'kids' started letting the air out of the tyres every night.

Shannon757

Deagol wrote: »

We had this issue when I was younger and living at the homeplace. Amazing how fast the guy stopped bringing it into the estate when the local 'kids' started letting the air out of the tyres every night.

But your not condoning that are you:rolleyes:

Uncle Ben

If the estate is not taken in charge the coco have no remit in there .

Deagol

Shannon757 wrote: »

But your not condoning that are you:rolleyes:

Of course not, shocking behaviour.

coylemj

seanin4711 wrote: »

certain times of day for deliveries (night) and purpose built for trucks of that size.
not for a private housing estate...

If the council hasn't taken over the road, who do you expect to enforce your imaginary rules about when that guy can and can't drive his truck into and out of the estate?

seanin4711 wrote: »

... plus the damage a fully laden truck makes to the surface within.

I think you'll find that the truck that collects your refuse probably weighs a lot more than a Musgraves delivery truck

seanin4711 wrote: »

wont get me anywhere,eh ?

If you're so full of confidence that you have a case, why are you resorting to asking anonymous internet posters for advice?

Qualitymark

Carawaystick wrote: »

How would your bins get collected?

Bin trucks are smaller than artics.

Depends where you live. Lorries with five or more axles are banned between the canals of Dublin between 7:00 and 19:00, and are also banned from various other roads:

http://www.dublincity.ie/hgv

If the community is worried about the safety of children and old people, would it be worth sitting down with the artic owner and looking for a compromise - for instance, that she or he could park it near the entrance of the estate? Or is it the speed of driving that's the problem - maybe the driver would compromise on the speed.

It's kind of a tough one, isn't it - if the driver is careful and drives at a moderate speed… And an articulated lorry is a valuable thing - you can see why the owner would want it safely outside the house where the family could keep an eye on it.

Where are these things usually parked?

bucketybuck

Qualitymark wrote: »

Bin trucks are smaller than artics.

Not necessarily. A bin truck with a full load is a lot heavier than most delivery trucks you will see. Unless this is a fully laden 46t artic and trailer I would say the bin truck is heavier.

A question though, if the truck is only there 1 or 2 hours a day is this really a big problem, or is there some personal aspect to this?

Carawaystick

Qualitymark wrote: »

Bin trucks are smaller than artics.

Depends where you live. Lorries with five or more axles are banned

Some BMI bin trucks are artics and taller/as long as, than those with 45 foot containers.

I saw a rigid removals truck today for somebody moving home to get the pyrite in their home fixed.
The back of the truck was the same shape and volume of a 40' container. It took more than the 20/30 minutes allowed for in the loading bay regs to load. Would it be banned?

the_pen_turner

it must be a big estate that you can get an artic in and out without creating a jamb or getting stuck.
if they are parking outside their own house then I would assume that they are not taking up a lot of room. probably all of whats outside their home or maybe a small bit more

I doubt that the noise would be an issue these trucks have to pass loads of tests every year . unless its in the middle of the night then what can you do

I couldn't see the truck getting up enough speed in an estate to break any limits.

I cant see how having an artic in an estate is any worse than large vans or boy racers.

yourpics

If the truck is taxed, tested and insured, the driver has the appropriate licence and is driving safely there is no case

Victor

coylemj wrote: »

If the council hasn't taken over the road, who do you expect to enforce your imaginary rules about when that guy can and can't drive his truck into and out of the estate?

If it hasn't been taken in charge, then a complaint to the owner might be useful.

Carawaystick

Victor wrote: »

If it hasn't been taken in charge, then a complaint to the owner might be useful.

I'd imagine there's a right of way in any case?

Shannon757

Can we get a picture of where it's parked?

copperhead

is it just the tractor unit. or does the truck park there with the trailer.

what is the nature of your objection ? noise, damage to road surface, causing an obstruction ?

i would imagine that the driver leaves very early in the morning / middle of the night so there wouldnt be many children playing

Duvetdays

Are you sure it's not snobbery why you don't want him parked there?
You say he's only there for between 1-2hours at a time, so he's not there all the time? To park a truck where he's not blocking driveways make me think he's found a spot out of the way, where he's not directly affecting anybody. Can you post a link to google maps were he's parking?

seanin4711

Duvetdays wrote: »

Are you sure it's not snobbery why you don't want him parked there?
You say he's only there for between 1-2hours at a time, so he's not there all the time? To park a truck where he's not blocking driveways make me think he's found a spot out of the way, where he's not directly affecting anybody. Can you post a link to google maps were he's parking?

nothing personal or snobbery.
I just don't find it appropriate have an articulated lorry traveling at speed (40-50km/hr) past my door in a private estate.
maybe some on here do.
I have small kids and they do not stand a chance if the inadvertently go out on the road also there are plenty of small children playing in the estate.
I was posting here to see if there has been any legal precedent to pursue in this regard.

Shannon757

Any chance of that picture?

seanin4711

Shannon757 wrote: »

Any chance of that picture?

no truck there at present

pablo128

The driver is probably nipping home for his lunch break. Having said that, a trailer cam off an artic outside my mothers house years ago, stopping just short of my 2 cars which were outside at the time! The grooves from the legs of the trailer are still there on the road.

seanin4711

comes in from main road and way through estate to park up.(end of black line)

red pointer is incorrect.

Qualitymark

Looking at the Street View for this estate, the roads are small and narrow - you can see OP's point.

jimmycrackcorm

seanin4711 wrote:

nothing personal or snobbery. I just don't find it appropriate have an articulated lorry traveling at speed (40-50km/hr) past my door in a private estate. maybe some on here do. I have small kids and they do not stand a chance if the inadvertently go out on the road also there are plenty of small children playing in the estate. I was posting here to see if there has been any legal precedent to pursue in this regard.

If a truck can do that speed there, then u can be sure that cars are more of a risk doing higher speeds. You should ask for speed ramps to be installed.

jacknife

if its creating a disturbance and stopping you enjoying your property, you could have grounds under the tort of nuisance, speak to a solicitor about this and if he thinks you have a case then you can seek an injunction from the court.

Shannon757

And does he bring the trailer?

jimmycrackcorm

jacknife wrote:

if its creating a disturbance and stopping you enjoying your property, you could have grounds under the tort of nuisance, speak to a solicitor about this and if he thinks you have a case then you can seek an injunction from the court.

He would have to be going in and out of the estate like a yoyo for that to work.

btb

I'm sure if you called Musgrave's with the reg of the truck and asked them to ask the driver to kindly refrain from parking in your estate, it would have the desired effect. Just have some details of times, location etc, will help pin down the driver if they double shift their vehicles.
Big companies do not like negative publicity, especially when you could well be a customer of theirs.

copperhead

is he bringing the trailer in the estate aswell ?

seanin4711

the whole kit kaboodle

Shannon757

seanin4711 wrote: »

the whole kit kaboodle

Strange Musgraves would let him take a trailer.

pablo128

Shannon757 wrote: »

Strange Musgraves would let him take a trailer.

He could be a contractor.

Cookie_Monster

Qualitymark wrote: »

Looking at the Street View for this estate, the roads are small and narrow - you can see OP's point.

indeed, how does he park without effectively blocking either the footpath or proper access to driveways?

seagull

A couple of things

Does your estate have a management company in place?
Does the truck driver rent or own the house?

There was a clause in our purchase pack about not allowing commercial vehicles to park in the estate. I don't know if there was anything similar with yours. If there was, then he's in breach of that, and you should contact the management company/agent with a complaint.

If he's renting, then contact the owner with a complaint. Landlords can be held responsible for their tenants' behaviour.

Carawaystick

seagull wrote: »

There was a clause in our purchase pack about not allowing commercial vehicles to park in the estate.

How would someone move into or out of the estate so? Sofa's on top of a mini, mr bean stye?

coylemj

Carawaystick wrote: »

How would someone move into or out of the estate so? Sofa's on top of a mini, mr bean stye?

That clause typically prohibits overnight parking of commercial vehicles. It's common in a lot of older apartment complexes and is pure snobbery.

I suspect as someone else has suggested that the truck driver is a contractor, maybe the OP could take some photos and send them to Musgraves, pointing out that it's completely inappropriate for a residential estate.

seagull

A flat out ban on all commercials, regardless of size, might be considered snobbery. Given the shortage of parking spaces, and the narrow roads in a typical estate, it makes perfect sense to ban large trucks form parking for extended periods.