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Motorcycle Parking Fine Question

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  • 28-05-2019 9:41pm
    #1
    Registered Users Posts: 154 ✭✭


    Hi all

    Just wondering what people’s opinions are on the below.

    I got a ticket for parking on a footpath in Carlow town. The footpath in question is about 20 foot in width. I parked right beside a tree, not obstructing any traffic, pedestrians etc.....

    There are no motorcycle bays in Carlow Town (that I can find) and it’s pay and display.

    I appealed the decision on the basis that I was not obstructing anyone or anything. Other bikes park there with no issue on a regular basis. There are no motorcycle bays.

    I have attached photos of my parking along with a copy of the denied appeal. Any advice would be gratefully appreciated.

    You will note on the bottom it says to park in the parking bays (but does not mention anything about displaying a ticket) so I have wrote back asking to point me in the direction of the motorcycle bay so I can park there in future.

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Comments

  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Crazy decision but doesn't surprise me..... Councils are looking to make as much as possible....

    I was loading on double yellows but as the road was narrow I had to be on the footpath but still enough room to allow a wheelchair and buggies with ease...

    I was of course declined and fine still stood....


    Yet daily I see many park in live bus lanes, bus stops, clearways etc etc etc and no fines.

    Dublin seems to be the only city I know of where someone can dump their car in the city centre in a bus stop and not be touched....



    I would understand op if it were completely blocking the path and a danger but you were actually been very considerate.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    I'm wondering if maybe it were out at the yield sign and chained to it would it be left alone....


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    Crazy decision but doesn't surprise me..... Councils are looking to make as much as possible....

    I was loading on double yellows but as the road was narrow I had to be on the footpath but still enough room to allow a wheelchair and buggies with ease...

    I was of course declined and fine still stood....


    Yet daily I see many park in live bus lanes, bus stops, clearways etc etc etc and no fines.

    Dublin seems to be the only city I know of where someone can dump their car in the city centre in a bus stop and not be touched....



    I would understand op if it were completely blocking the path and a danger but you were actually been very considerate.

    How is it crazy? A vehicle cannot enter a footway except for access/egress. As regards your loading example, you are entitled to stop on double yellows to load/unload and would not have been ticketed if you did (assuming no continuous white line). You are entitled to block an entire traffic lane to load/unload. You are not entitled to park on a footway for any reason.


  • Registered Users Posts: 154 ✭✭dizbo


    I'm wondering if maybe it were out at the yield sign and chained to it would it be left alone....

    I’d say if I parked there I would be obstructing traffic.


  • Registered Users Posts: 50 ✭✭Morini


    I think you have every reason to feel annoyed.

    Given that its pay and display in the town, I wonder how a you're supposed to attach the ticket or defend against theft of a ticket?


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  • Registered Users Posts: 154 ✭✭dizbo


    Crazy decision but doesn't surprise me..... Councils are looking to make as much as possible....

    I would understand op if it were completely blocking the path and a danger but you were actually been very considerate.

    I agree with the money making view.

    And as for my parking. I always try to be considerate of road users and pedestrians. I never block entrances and always ensure there is space either or both sides of the bike for wheelchairs, buggies etc...


  • Registered Users Posts: 154 ✭✭dizbo


    Morini wrote: »
    I think you have every reason to feel annoyed.

    Given that its pay and display in the town, I wonder how a you're supposed to attach the ticket or defend against theft of a ticket?

    My point exactly. But of course, if I put a ticket on the bike and it does get stolen or blown away. The onus is on my to prove I bought a ticket in the first place. It’s a loose loose for me and a win win for the CoCo.

    If there where motorcycle bays available. Why wouldn’t I park in them?


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    dizbo wrote: »
    I’d say if I parked there I would be obstructing traffic.

    Sorry I meant off the road section so the same side but just right up to the road....

    I always parked as such and always took into consideration people with visual impairment or just not make it in any way difficult for anyone to get by.


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    I'm wondering if maybe it were out at the yield sign and chained to it would it be left alone....

    You mean at the double yellows?


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Marcusm wrote: »
    How is it crazy? A vehicle cannot enter a footway except for access/egress. As regards your loading example, you are entitled to stop on double yellows to load/unload and would not have been ticketed if you did (assuming no continuous white line). You are entitled to block an entire traffic lane to load/unload. You are not entitled to park on a footway for any reason.

    If I had done as you said I then would have blocked legally parked vehicles from leaving their spaces....

    Not everything is as straight forward at times.

    I wouldn't mind the funny thing is in this estate people use the road more then the footpath as it's extremely quiet and also the footpath ends and you have no choice but to walk on the road....


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  • Registered Users Posts: 154 ✭✭dizbo


    Sorry I meant off the road section so the same side but just right up to the road....

    I always parked as such and always took into consideration people with visual impairment or just not make it in any way difficult for anyone to get by.

    Yes I understood you still meant on the footpath. But I would consider that an obstruction as It’s a small roundabout and if parked there I could be blocking the view for people entering the roundabout.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Marcusm wrote: »
    You mean at the double yellows?

    No in right up to or with front or rear wheel against the pole....

    In Dublin this is allowed and no issues once not parked right across obstructing.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    dizbo wrote: »
    Yes I understood you still meant on the footpath. But I would consider that an obstruction as It’s a small roundabout and if parked there I could be blocking the view for people entering the roundabout.

    I wouldn't see as an issue there but another spot that may work is up close to the parking bays for cars but maybe clarification off the council will explain better but honestly don't be holding your breath...


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    If I had done as you said I then would have blocked legally parked vehicles from leaving their spaces....

    Not everything is as straight forward at times.

    I wouldn't mind the funny thing is in this estate people use the road more then the footpath as it's extremely quiet and also the footpath ends and you have no choice but to walk on the road....

    You can’t double park if that is what you mean. How else would you block them in? Clearly you cannot obstruct the flow; of other vehicles cannot get around you then you cannot stop there. That means you need to haul your goods from further up the street or your customer needs to make different arrangements. I have to deal with delivery drivers doing this every day. If it’s not legal, what makes you think you can do what suits you?


  • Registered Users Posts: 10,061 ✭✭✭✭Caranica


    If a child running along the footpath ran into the bike and it fell on them you would be looking at a whole lot more than a parking ticket. As another poster said, it's illegal to park on a public footway.

    I'm not sure that I've ever seen a motorbike parking bay, what's wrong with parking in a regular space or on a suitable road?


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    No in right up to or with front or rear wheel against the pole....

    In Dublin this is allowed and no issues once not parked right across obstructing.

    This is not allowed in Dublin either. The point in Dublin is that enforcement is by clamping and they don’t have suitable clamps for motorbikes. Then they get away with murder. Under the law, no one can park with wheels on the footway. Enforcement might not be consistent across the country but the fact is you knew it was against the law.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Marcusm wrote: »
    You can’t double park if that is what you mean. How else would you block them in? Clearly you cannot obstruct the flow; of other vehicles cannot get around you then you cannot stop there. That means you need to haul your goods from further up the street or your customer needs to make different arrangements. I have to deal with delivery drivers doing this every day. If it’s not legal, what makes you think you can do what suits you?


    I never said double park as I wouldn't be parking on the same side as the cars...
    Another issue is leaving safe room for emergency vehicles....

    I find it actually quite funny where different estates, different areas even not far apart, and different counties all have totally different enforcement....

    As there is pay and display your chance of been done are huge compared to anywhere else....


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Caranica wrote: »
    If a child running along the footpath ran into the bike and it fell on them you would be looking at a whole lot more than a parking ticket. As another poster said, it's illegal to park on a public footway.

    I'm not sure that I've ever seen a motorbike parking bay, what's wrong with parking in a regular space or on a suitable road?

    Want to be a big child.


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    I never said double park as I wouldn't be parking on the same side as the cars...
    Another issue is leaving safe room for emergency vehicles....

    I find it actually quite funny where different estates, different areas even not far apart, and different counties all have totally different enforcement....

    As there is pay and display your chance of been done are huge compared to anywhere else....

    If there in insufficient space for traffic to pass then you cannot stop not to mind park. If you can’t appreciate that then you should resist the test. You seem to believe that you should be “entitled” to do whatever suits you. That’s a very Maria Bailey approach!


  • Registered Users Posts: 154 ✭✭dizbo


    Caranica wrote: »
    what's wrong with parking in a regular space or on a suitable road?

    Nothing is wrong with parking in a regular car space and I’ve no issue doing that. But by doing so I need to display a ticket or be fined.

    Motorcycle bays are parking for motorcyclists which is free to do so.


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  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    dizbo wrote: »
    Nothing is wrong with parking in a regular car space and I’ve no issue doing that. But by doing so I need to display a ticket or be fined.

    Motorcycle bays are parking for motorcyclists which is free to do so.

    Then park in an on street bay, purchase a ticket, stick it on the bike and take a photo. If it’s taken and you are fined, appeal based on the photo. This is not difficult. By contrast parking on the footway smacks of individualism, mé Féin, bugger the rest, i’ll Do what I want!


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Marcusm wrote: »
    If there in insufficient space for traffic to pass then you cannot stop not to mind park. If you can’t appreciate that then you should resist the test. You seem to believe that you should be “entitled” to do whatever suits you. That’s a very Maria Bailey approach!

    What are you on about????

    Where did I say or do any of what you said I'm sick to death of inconsiderate parkers.....

    There are plenty of places though that are in no way blocking or obstructing and yet they're the ones done....

    Go into Dublin city and look at any bus stop you will see anything from private car, taxi to delivery trucks etc etc....


  • Registered Users Posts: 154 ✭✭dizbo


    I have had other people point it out to me that if you look at the log book. It states that it’s a cycle/rothar. as they recall
    it's taxed under bicycle law's and as long as you don't drive on the footpath and clearly by your pictures you are not causing a hiderence, you should not be getting a ticket.are there motorcycle bay's provided,clearly the tree is more of a hiderence


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    What are you on about????

    Where did I say or do any of what you said I'm sick to death of inconsiderate parkers.....

    There are plenty of places though that are in no way blocking or obstructing and yet they're the ones done....

    Go into Dublin city and look at any bus stop you will see anything from private car, taxi to delivery trucks etc etc....


    You said:


    I was loading on double yellows but as the road was narrow I had to be on the footpath but still enough room to allow a wheelchair and buggies with ease...

    You defended it by saying the alternative was to block the road.

    Funnily enough the appropriate alternative was not to park illegally. You’re cribbing about getting a fine for parking illegally. That’s your inconsiderate parking!


  • Registered Users Posts: 154 ✭✭dizbo


    Marcusm wrote: »
    Then park in an on street bay, purchase a ticket, stick it on the bike and take a photo. If it’s taken and you are fined, appeal based on the photo. This is not difficult. By contrast parking on the footway smacks of individualism, mé Féin, bugger the rest, i’ll Do what I want!

    If you actually read the general bye laws. It states that the parking ticket should be placed inside the vehicle. I can’t put a ticket inside the vehicle.


  • Registered Users Posts: 154 ✭✭dizbo


    I can’t find the specific Carlow bye laws but have come this bye law for Meath county council

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  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Marcusm wrote: »
    You said:


    I was loading on double yellows but as the road was narrow I had to be on the footpath but still enough room to allow a wheelchair and buggies with ease...

    You defended it by saying the alternative was to block the road.

    Funnily enough the appropriate alternative was not to park illegally. You’re cribbing about getting a fine for parking illegally. That’s your inconsiderate parking!

    Ok great well done you..... So doing a house move alone and only available place to park is at least 500 metres away.... All parking bays taken, not obstructing the road or the footpath....

    Yes of course I had 2 wheels on the path but I'm not in any way saying it's legal I just stated the fact I was actually thinking of others by not blocking with vehicles or people....

    Everything isn't black and white and I wasnt leaving there long as I was moving stuff out


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    dizbo wrote: »
    If you actually read the general bye laws. It states that the parking ticket should be placed inside the vehicle. I can’t put a ticket inside the vehicle.

    Can you show me the current bye laws. The 1986 Carlow ones preclude motor bikes from parking in parking bays which probably screws you altogether!

    See reg 28.

    http://www.irishstatutebook.ie/eli/1986/si/177/made/en/print


  • Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    Ok great well done you..... So doing a house move alone and only available place to park is at least 500 metres away.... All parking bays taken, not obstructing the road or the footpath....

    Yes of course I had 2 wheels on the path but I'm not in any way saying it's legal I just stated the fact I was actually thinking of others by not blocking with vehicles or people....

    Everything isn't black and white and I wasnt leaving there long as I was moving stuff out

    You were still breaking the law. If you are talking about DCC area then there are provisions to allow adjacent parking bays to be blocked for house moves (similar to skip permits). Otherwise decline the job. It’s not your place to decide what is sufficient space. Parking on the footway on a residential street is completely selfish. At least in the OP’s position the footway was approx 20 foot wide. Doesn’t sound like the case where you were. If I had been the Garda you wouldn’t have received a ticket. You’d have been instructed to move under threat of arrest. And before you ask, I live in such a street, have had lots of deliveries and house moves and plan them properly.


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  • Registered Users Posts: 154 ✭✭dizbo


    Marcusm wrote: »
    Can you show me the current bye laws. The 1986 Carlow ones preclude motor bikes from parking in parking bays which probably screws you altogether!

    See reg 28.

    http://www.irishstatutebook.ie/eli/1986/si/177/made/en/print

    Yes I found that one also. But yet in their refusal it specifically says to park in a parking bay. So they are contradicting themselves.


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