I move:
In page 28, subsection (2), between lines 30 and 31, to insert the following:
"(b) the specification that where parking places are on public roads, vehicles shall park only in those parking places which are on the side of the road on which the vehicle is travelling;".
In this amendment I am requesting that vehicles should be parked only on the side of the road on which they are travelling.
This amendment seeks to ensure that vehicles parking in parking places on public roads should park on the side of the road on which the vehicle is travelling. This is not accepted nor is it necessary as section 35 deals with the regulation of traffic, and, in particular, provides for making regulations for the parking of vehicles in public places. These provisions are adequate and could be used to apply controls on the lines envisaged in the amendment, but this proposal would not be of general help. It may have a place in the city, but would be totally inappropriate in a rural area. For instance, to give one example, I like many of my neighbours and others, tend to park a car, particularly if children are travelling in it, on the side of the road nearest to the destination, to ensure that if anybody gets out they will not have to cross the road. Many other instances could be given. Whatever application this provision might have in a city or built up area, Members will appreciate that it would be totally inappropriate as a requirement in a rural area. Powers to make these regulations are already contained in the Road Traffic Act.
This section deals generally with conflicts of parking regulations and is basically about devolving powers to local authorities in the parking area. One power not included is that for local authorities to spend whatever moneys they raise through parking fines or revenue according to their own priorities and discretion. I would appreciate it if the Minister could consider devolving those regulations to local authorities.
I intend to do that, but I wish to be fully satisfied in this regard. In regard to 95 per cent of the local authorities, I agree with the proposals submitted. Regrettably, in one or two instances, funds dedicated to traffic management find their way into other areas, which means that I could not put that system fully in place. If Deputy Martin can guarantee that all local authorities will use those funds for dedicated traffic management purposes, I am perfectly prepared to put the system fully in place. I have no idea how Deputy Martin will give me that 100 per cent guarantee.
Could it be broadended into the overall roads Estimate?
In 95 per cent of cases when the proposals came in, we agreed with what was sought. In other cases there is some small element of——
If the regulation was made without having to consult with the Department?
I am considering it.
Amendments Nos. 58, 65 and 67 are related and may be discussed together, by agreement.
I move:
In page 28, subsection (2) (b), line 32, after "meter" to insert "on the spot fines,".
The relevant provisions are contained in section 103 of the 1961 Act, and in the Local Authorities (Traffic Wardens) Act, 1975. They are already covered.
Amendment No. 59 is consequential on amendment No. 60. Amendment Nos. 59 and 60 may be discussed together by agreement.
I move:
In page 30, subsection (11) (a), line 36, to delete "Subject to paragraph (b),".
We are talking about the autonomy of local authorities here and I accept what the Minister has already said in relation to this.
There are general guidelines and many other areas where I would be happy to allow local authorities full discretion, except for the Department's experience in a handful of cases. I wish to have some way of being able, through the guidelines, to reverse decisions which most Members would not accept, if they were aware of the much less important areas into which dedicated funds for traffic management purposes find their way.
Is the Minister saying that it will, to a large extent, be open to the local authorities?
Yes, absolutely.
That is acceptable, thank you.
I move amendment No. 61:
In page 30, between lines 44 and 45, to insert the following subsections:
"(12) In any prosecution for an offence under this section, a parking meter at a parking place shall be presumed, until the contrary is shown by the defendant, to have been duly placed there under this section and to have been accurate and in good working order.
(13) The performance by a road authority of their functions under this section or under any by-law thereunder shall not render the authority subject to any liability in respect of loss of or damage to any vehicle in a parking place or the contents of such vehicle.".
The amendment provides for the insertion of two new subsections in section 36. These are a restatement, with minor amendments, or provisions currently provided for in section 90 of the Road Traffic Act, 1961, which is being replaced by section 36 of this Bill. The provisions in the new subsection 12 are necessary to ensure that prosecutions will not be frustrated by challenges to the validity of parking meters. The proposed new subsection 13 is required to protect road authorities against claims for loss or damage to vehicles parked on public roads in areas where paid parking controls apply.
Sections 35 and 36 provide for parking controls and repeat the existing practice of making the registered owner liable for parking offences. This is essential because the driver cannot be identified. Registered owner liability does not apply to parking offences in local authority off-street car parks and this has created problems for local authorities in enforcing their car park bylaws. Because of that I propose to move an amendment on Report Stage and I am required to give notice of my intentions in that regard.
