Galway Harbour Company has banned Motorhome Parking

The info below is taken from the website of the C.L.C. the translation is a bit off the the message is clear.

It is of course French law but the arguments are sound and would hold up in any court of law.

THE TOWN OF ARCACHON HAS CONDEMNED REPEAL DISCRIMINATORY PROVISIONS AGAINST MOTORHOMES CONTAINED IN ITS BYLAW
The Administrative Court of Bordeaux has sentenced the town of Arcachon to repeal section 33 of the municipal order of 14 September 2006, following the holding of it by decision of the mayor of 18 December 2008.
The Liaison Committee of camping -for kept the file before the Court in the context of the refusal of the municipality and had succeed 5 July 2011.
The measures taken by the mayor were clearly discriminatory and disproportionate, purposive being to impede freedom of movement and prohibit the parking of campers throughout the municipal area (with the exception of two sites on which , moreover, the parking authorization was limited to 24 hours).
" It is not apparent from the evidence that the disadvantages of the campers park had a serious nature telpour security, safety and protection of sites that were likely to legally justify the parking ban and enacted in space and in time (...) restrictions on the freedom to park showed excessive character of generality in relation to the ends sought, that in view of the illegality of those provisions, the Mayor Arcachon was obliged to accede to the request for repeal ... "

The town, which should repeal this section within 15 days after the judgment is also ordered to pay 1,200 euros in the CLC under Article L.761-1 of the Code of Administrative Justice.

THE MAYOR'S POWERS
Responsible for the good order, safety, security and public safety on the territory of the municipality, the mayor has police powers, particularly in terms of parking, the strict legality conditions are defined by case law of the Council State. The mayor may compromise the movement and parking of certain vehicles involving public tranquility, clean air, protection of animal or plant species or protected areas, setting no value landscapes or site under Article L.2213-4 of the Code of local authorities. However, any ban should be based on local circumstances and expressly motivated proven to not be tainted by discrimination and illegality.

THE LEGAL REQUIREMENTS TO LIMIT PARKING IN THE MUNICIPAL AREA
Any such measures must be duly justified with regard to traffic needs and concern all vehicles of the same size, mass and weight. Thus a prohibition does not concern the only campers. Recent case law has often demonstrated insufficient reasoning orders restricting the parking of motor homes on the pretext that they compromised the security or public safety. The Montpellier Administrative Court also repealed a decree in 2007 on the grounds that the municipality "does not produce any evidence proving the existence and extent of pollution in the area concerned or, a fortiori, their link parking of motor homes. "

ANY GENERAL AND ABSOLUTE BAN IS ILLEGAL
Recent case law has advanced considerably on the processing of the proportionality of the measure. Indeed any ban must be established in an acceptable proportionality and not be excessive in relation to the disorder which is considered. The Administrative Court of Appeal of Bordeaux, for example, confirmed the cancellation of an order prohibiting parking on any one municipality in 2008 on the grounds that "it is clear that the inconveniences that may cause the parking of auto-caravans have presented a serious nature as to security, safety and protection of the sites they were likely to legally justify the parking ban and enacted. "

PROHIBIT THE PARKING OF CAMPERS AT NIGHT IS ILLEGAL
The inter-ministerial circular published October 19, 2004 removes any distinction between day and night parking of motor homes, occupied or not. Indeed, the risks are no different day and night, and any specific prohibition of night is illegal. Case law has since condemned the discriminatory arrested, the Administrative Court of Pau has indeed stated in 2008 that it was "in fact a general and absolute ban on camping cars to park with their occupants overnight on the whole town. "

HOW TO WRITE THE BYLAWS?
A bylaw prohibiting parking to a vehicle category must specify the rights and fact justifying the decision (Article L. 2213-2 of the General Code of local authorities). The measure must be based on need (significant disruption due to traffic or parking) to be seriously motivated, it must be proportionate to the disorder which it intends to prevent or she wants to end, finally it must be limited in space (specific geographic area) and time (seasonal, for example).

LIMITING ACCESS TO PARKING CAMPERS BY HEIGHT RODS IS ILLEGAL
The proliferation of high bar the entry of parking is extremely damaging to the practice of the motorhome. If they are not always the main target, the motorhomes are affected primarily by the cumbersome and often illegal devices that do not give a good image host. The Highway Code specifies that the height of bars are pre-signaling of an obstacle and should be strictly limited to this purpose (down trees, bridges, underground parking entrances ... inaccessible to camper vans). The installation height rods is illegal even for the materialization of a parking ban that has been a by-law

The C.L.C. (Le Comité de Liaison du Camping-Car) are still active in the courts perusing municipalities who attempt to ban the parking of motorhomes. La Rochelle is the latest to be ordered by the court to remove parking signs which discriminate against motorhomes.

SEE HERE give it a moment and Google will translate.

We really do need a similar concerted approach here which involves both club and trade interests.
Success against the likes of Galway and others who seek to deny motorhome users their right to park in a manner afforded to other EU Category M1 Vehicles (vehicles with not more than 8 passenger seats - 'cars', 'SUV's', 'MPV's', etc) could only be good for motorhome users, tourism and the trade.

Sadly, won't be seeing campers parked here this summer!
Signs up since February, I think, showing "No Campervan Parking"

Benbecul97 wrote: »

Sadly, won't be seeing campers parked here this summer!
Signs up since February, I think, showing "No Campervan Parking"

Stayed there at Easter. " No Motorhomes" signs along the marina side, although a half dozen did park up and no ill effects.
Opposite side of the road, along a hotel or office block, you can park up, as long as you display a ticket from the machines.
Likewise at the "end" of that street, across from the dock's gates, room for 7 or 8 MH's, again with parking tickets needing display.
We were parked along the hotel, and a guy with a torch checked the ticket on the screen at 11pm.
Didn't know what was going on, so hopped out with a hurley to investigate, but all was good.
4 euro from 7pm till 8 am. 2 euro/hour otherwise.

Day Lewin wrote: »

I can't understand the hostility to campervans.
I've camped on that very spot last winter - nice little van, parking ticket displayed - very convenient for town, pubs restaurants etc - what harm were we doing? None!
My van is a converted Citroen Relay, just like any trade van, not too big for the space or anything, no litter, not a sound.

I'd love to know what their reasoning is on this. Galway is full of little vans parked on streetsides. You see some ducky little hippy VWs.
Why NOT make a proper aire for all the tourists who clearly want one?

A % of opposition always seems to come from owners of camp sites and motorhome parks.
Especially if these people get onto the Council....

I have heard that there are a couple of pending liability claims against the Harbour company taken by Motorhome owners. Compo culture again? There’ll be no leisure industry left