Is it safe to park here?

Reciprocity

This is a moderately busy by-pass road.
The road markings are:
Double yellow on the left, white 'No Parking' text, single solid yellow, double solid white, single dashed yellow on the right.

Assume it's 2AM, the weather is dry and the streetlights are all working.

1. Is it safe (I don't mean legal) to park where the silver car is on the left?

2. Is it safe for the Gardai to park an unmarked car in the same spot?

3. Is it safe for the Gardai to park an unmarked car in that spot to conduct a checkpoint? Assume that the Garda was signalling cars to stop this side of the silver car and between the single yellow and double white lines.

For context, I'm asking because the Gardai say "all checkpoint locations are risk assessed".

Opinions welcome.

Mr. Incognito

Safe and legal are two different questions

Safe- Who knows- I'm not a road traffic expert

Legal- To park here- no

Legal for the guards to set up a checkpoint. Probably.

seamus

As the man says, "Safe" is a matter of opinion.

In the broadest sense, I would suggest it is safe provided that the checkpoint is clearly illuminated. They usually are. It's a wide road with good visibility.

Effects

Depends on how the checkpoint was set up as well as a number of other factors you've left undisclosed.

source

It should be noted that members of the emergency services are exempt from road traffic legislation (except driving while intoxicated and dangerous driving). So yes it is legal for them to park in an area marked as 'no parking'.

Safety it's as others have pointed out a separate matter, from your picture the sightlines on that road appear to allow for good visibility along the road for some distance. Any checkpoint in that spot (based purely on you image) should be visible to oncoming traffic from both sides.

Victor

The safety of the spot would be a matter of evidence, taking into account sightlines, etc. - photgrpahs can be misleading.

We don't know the road alignment before this spot. The presence of the barrier suggests a curve. Depending on speed limit, this may mean it is less safe than some other locations, but not overtly dangerous.

Being on the wrong side of the road (not stopped) could be more dangerous, given the bend and the solid centre line which means people would be less likely to expect a vehicle on the wrong side.

At 2am, presumably the road is quiet.

source wrote: »

It should be noted that members of the emergency services are exempt from road traffic legislation (except driving while intoxicated and dangerous driving). So yes it is legal for them to park in an area marked as 'no parking'.

Not quite. The matter is dealt with by Section 87 of the Road Traffic Act 2010 (as amended by section 23 of the Road Traffic Act 2014). http://www.irishstatutebook.ie/eli/2014/act/3/section/23/enacted/en/html

23. Section 87 of the Act of 2010 is amended by substituting for subsection (1) the following:

“(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 )) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981 ) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users.”.

There a gap between "safe" and "endanger".

Note that a garda can give a motorist reasonable instruction as to where to stop. Refusing to follow a reasonable instruction is likely an offence. Moving the vehicle to the kerb may place the garda in greater danger than stopping in the traffic lane.

source

Victor wrote: »

The safety of the spot would be a matter of evidence, taking into account sightlines, etc. - photgrpahs can be misleading.

We don't know the road alignment before this spot. The presence of the barrier suggests a curve. Depending on speed limit, this may mean it is less safe than some other locations, but not overtly dangerous.

Being on the wrong side of the road (not stopped) could be more dangerous, given the bend and the solid centre line which means people would be less likely to expect a vehicle on the wrong side.

At 2am, presumably the road is quiet.

Not quite. The matter is dealt with by Section 87 of the Road Traffic Act 2010 (as amended by section 23 of the Road Traffic Act 2014). http://www.irishstatutebook.ie/eli/2014/act/3/section/23/enacted/en/html

There a gap between "safe" and "endanger".

Note that a garda can give a motorist reasonable instruction as to where to stop. Refusing to follow a reasonable instruction is likely an offence. Moving the vehicle to the kerb may place the garda in greater danger than stopping in the traffic lane.

I misread the op, I was discussing the legality, I see now that the op was querying the safety aspect only.

Markcheese

It looks grand, which means about as much as all checkpoint locations are risk assessed...
The speed limit there, (and coming up to it) would count for a lot... As Would flashing blues and/or warning signs signs set up...

GFish

Mr. Incognito wrote: »

Safe and legal are two different questions

Safe- Who knows- I'm not a road traffic expert

Legal- To park here- no

Legal for the guards to set up a checkpoint. Probably.

The OP was explicitly about 'safe' and explicitly not about 'legal'.
Never mind, you answered the 'safe' bit too.

brian_t

GFish wrote: »

The OP was explicitly about 'safe' and explicitly not about 'legal'.

The OP was implicitly about legal because it was posted in the Legal forum.

GFish

brian_t wrote: »

The OP was implicitly about legal because it was posted in the Legal forum.

Explicit trumps implicit.