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24 1961

ROAD TRAFFIC ACT, 1961

PART VIII.

Regulation of Traffic.

Bye-laws for the general control of traffic and pedestrians.

88. —(1) The Commissioner may, with the consent of the Minister, make bye-laws for the general regulation and control of traffic and pedestrians in public places.

(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:

(a) specifying rules for the use of roads by traffic and pedestrians;

(b) requiring traffic to proceed along a specified side of the roadway or, in the case of dual or multiple carriageways, along a specified carriageway;

(c) assigning different parts of the roadway (including cycle tracks) to different traffic;

(d) prohibiting specified traffic from using specified parts of the roadway;

(e) prohibiting traffic from using footways;

(f) specifying rights of priority of passage for traffic proceeding in the same direction or in different directions (whether opposite or crossing);

(g) specifying the courses to be taken by traffic at road junctions;

(h) regulating and controlling the stopping, reversing, turning and overtaking of vehicles;

(i) regulating and controlling the driving of mechanically propelled vehicles and pedal cycles in relation to animals or animal-drawn traffic;

(j) regulating and controlling the driving or leading of animals;

(k) assigning specified parts of the road to pedestrians;

(l) regulating and controlling the conduct of pedestrians on roads (and, in particular, the crossing of roadways by pedestrians) and specifying the respective rights of priority of traffic and pedestrians on roadways;

(m) requiring specified signals to be given by persons in charge of traffic to indicate their intentions;

(n) the control of traffic and pedestrians by members of the Garda Síochána on traffic control duty (and, in particular, specifying the signals to be given by such members and requiring persons in charge of traffic and pedestrians to obey those signals);

(o) the control of traffic and pedestrians by means of signals given mechanically (and, in particular, requiring persons in charge of traffic and pedestrians to obey those signals);

(p) requiring persons in charge of traffic to give audible warning of their approach;

(q) prohibiting or restricting races, trials of speed or other competitions on roads.

(3) Different bye-laws may be made under this section—

(a) in respect of different classes of traffic,

(b) for different circumstances, different areas and different classes of roads.

(4) In this section “traffic” does not include pedestrians.

(5) A person who contravenes a bye-law under this section shall be guilty of an offence.

Bye-laws for the control of traffic and pedestrians in specified area.

89. —(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make in respect of any specified area bye-laws for the regulation and control of traffic and pedestrians and to facilitate the movement of traffic and pedestrians.

(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:

(a) specifying the courses to be taken by traffic proceeding along, crossing or turning into or out of public roads or any specified public road;

(b) prohibiting or restricting traffic from entering or passing along any specified public road;

(c) requiring traffic proceeding along any specified public road to proceed in a specified direction only;

(d) prohibiting the passage through any specified public road of any article exceeding a specified length or a specified breadth;

(e) regulating and controlling the conduct of pedestrians on public roads generally or any specified public road and, in particular, the crossing of the roadway of public roads or any specified public road by pedestrians;

(f) prohibiting or restricting the loading or unloading of goods on, through, or across the footway of any specified public road;

(g) prohibiting the lifting or lowering of goods by means of ropes, chains, tackles or other machinery across or over the footway of any specified public road;

(h) restricting and controlling the driving or leading of animals on public roads or any specified public road;

(i) restricting and controlling the deposit of goods on public roads or any specified public roads;

(j) restricting and controlling the washing of footways of public roads;

(k) controlling the conduct of persons waiting on public roads for transport or for admission to a building or other place or for any other lawful purpose and, in particular, requiring such persons to arrange themselves in queues and regulating the formation of the queues;

(l) prohibiting or restricting the stopping, reversing, turning or overtaking of vehicles on any specified public road.

(3) The Commissioner, with the consent of the Minister, may make, in respect of any specified area temporary rules for all or any of the purposes for which bye-laws may be made under this section.

(4) The following provisions shall have effect in relation to temporary rules under this section in respect of an area:

(a) the rules shall come into operation on a specified day not earlier than one week after the making of the rules;

(b) during that week the Commissioner shall give, in relation to the rules, such notice as may be prescribed;

(c) the rules shall have effect, unless they are sooner revoked, for the period of one year beginning on the day on which they come into operation;

(d) the rules shall operate in lieu of such (if any) corresponding bye-laws under this section as may be in force in respect of the area.

(5) Different bye-laws or rules may be made under this section—

(a) in respect of different classes of traffic,

(b) for different circumstances.

(6) In this section “traffic” does not include pedestrians.

(7) A person who contravenes a bye-law or rule under this section shall be guilty of an offence.

(8) Where a person is charged with having committed an offence under this section, it shall be a good defence to the charge for him to show that the act alleged to constitute the offence was done bona fide and reasonably for the purpose or in the course of saving or endeavouring to save some person or property from death, destruction or injury by fire, flood or other calamity.

Parking of vehicles on public roads.

90. —(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make in respect of any specified area bye-laws for the control and regulation of the parking of vehicles on public roads.

(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:

(a) specifying the places on public roads (in this Act referred to as parking places) in which vehicles may be parked either indefinitely or for any period not exceeding a specified period;

(b) specifying the parking places in which parking is to be subject to the payment of fees by means of parking meters (in this section referred to as meter parking places);

(c) specifying the parking places in which parking is to be subject to the exhibition of a document (in this section referred to as a disc) complying with specified requirements (in this section referred to as disc parking places);

(d) specifying the parking places in which parking is to be subject to the payment of fees to licensed parking attendants (in this section referred to as attended parking places);

(e) specifying the conditions (other than any condition referred to in paragraphs (b), (c) and (d) of this subsection) subject to which vehicles may be parked in parking places or any specified parking place or class of parking places;

(f) specifying the periods during which, and the purposes for which and the conditions subject to which vehicles may be parked, otherwise than in parking places, on public roads or any specified public road or class of public roads;

(g) prohibiting the parking, including parking in parking places, of vehicles on public roads except in accordance with the bye-laws;

(h) prohibiting wholly the parking, otherwise than in parking places, of vehicles on any specified public road;

(i) prohibiting any person from acting, or holding himself out as ready to act, as a parking attendant on a public road (except at a parking place), and prohibiting any person other than a licensed parking attendant from acting or holding himself out as ready to act as a parking attendant at a parking place.

(3) The following provisions shall apply in relation to a meter parking place:

(a) the appropriate local authority shall provide the parking meters and collect the fees;

(b) subject to any provisions made under this section by the Commissioner by bye-laws or rules, the appropriate local authority may by rules (made with the approval of the Minister) make such provisions as they consider necessary for the administration of the meter parking place, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions:

(i) provisions specifying the fees to be paid;

(ii) provisions specifying the maximum periods in respect of which vehicles may be parked in respect of specified fees;

(iii) provisions as to payment of fees, including manner of payment;

(iv) provisions prohibiting the parking of a vehicle for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified;

(v) provisions prohibiting the parking of a vehicle for a greater period than that in respect of which a fee was paid;

(vi) provisions specifying the vehicles which may use the parking place;

(vii) provisions exempting specified classes of vehicles from payment of the fees and provisions for effecting identification of exempted vehicles;

(viii) provisions applying when parking meters are out of order or temporarily suspended from operation;

(ix) provisions that indications given by parking meters shall be treated as evidence of such facts and for such purposes as may be specified in the rules.

(4) The Commissioner may by bye-laws under subsection (1) of this section make such provisions as he considers necessary for the operation of disc parking places, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions:

(a) provisions requiring specified fees to be paid for discs;

(b) provisions specifying the manner in which fees are to be paid;

(c) provisions specifying the persons by whom and the manner in which discs are to be issued;

(d) provisions specifying the duties in relation to discs of persons parking vehicles;

(e) provisions specifying the manner in which discs are to be exhibited.

(5) The Commissioner may by bye-laws under subsection (1) of this section specify the fees to be charged by licensed parking attendants in respect of attended parking places and make such provisions regarding payment of the fees (including manner of payment) as he considers necessary.

(6) The Commissioner may by bye-laws under subsection (1) of this section make such provisions as he considers necessary with regard to the licensing of parking attendants, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions:

(a) provisions for the licensing by the Commissioner of persons to act as parking attendants at parking places;

(b) provisions for the issuing of official badges by the Commissioner to licensed parking attendants and the wearing of the badges by the attendants;

(c) provisions specifying the duties of licensed parking attendants;

(d) provisions specifying the fees to be paid by licensed parking attendants for licences granted and for badges issued to them under the bye-laws;

(e) provisions prohibiting persons from interfering with, obstructing or molesting a licensed parking attendant in the performance of his duties as such attendant.

(7) (a) The Commissioner, with the consent of the Minister, may make, in respect of any specified area, temporary rules for all or any of the purposes for which bye-laws may be made under this section.

(b) The following provisions shall have effect in relation to temporary rules under this subsection in respect of an area:

(i) the rules shall come into operation on a specified day not earlier than one week after the making of the rules;

(ii) during that week the Commissioner shall give, in relation to the rules, such notice as may be prescribed;

(iii) the rules shall have effect, unless they are sooner revoked, for the period of one year beginning on the day on which they come into operation;

(iv) the rules shall operate in lieu of such (if any) corresponding bye-laws under this section as may be in force in respect of the area.

(8) Different bye-laws or rules may be made under this section—

(a) in respect of different classes of vehicles,

(b) for different circumstances.

(9) Where there is a contravention of a bye-law or rule under this section and a mechanically propelled vehicle is involved—

(a) the person parking the vehicle, and

(b) if the person parking it is not its registered owner, such owner, and

(c) if the vehicle is the subject of a hire-drive agreement on the occasion in question and the person parking it is not the hirer under the agreement, such hirer,

shall each be guilty of an offence.

(10) (a) Where a person charged with an offence under subsection (9) of this section is the registered owner of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

(b) Where a person charged with an offence under subsection (9) of this section is the hirer of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(11) Where there is a contravention of a bye-law or rule under this section and a mechanically propelled vehicle is not involved, the person contravening the bye-law or rule shall be guilty of an offence.

(12) In any prosecution for an offence under this section, a parking meter at a meter 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 the Commissioner or a local authority of his or their functions under this section or under any bye-law or rule thereunder shall not render the Commissioner or the local 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.

(14) A licensed parking attendant shall be deemed for the purposes of this Act not to be the person in charge of the vehicles in the parking place at which he is the parking attendant.

(15) (a) In this section—

licensed parking attendant” means a person duly licensed under bye-laws under this section to act as a parking attendant at a parking place;

parking meter”means an apparatus for collecting fees at a parking place and for indicating payment of such fees and the periods that have elapsed since they were paid.

(b) Where a parking place is in the functional area of the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town, such council, corporation or commissioners shall be the appropriate local authority for the purposes of subsection (3) of this section.

(c) Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of the foregoing paragraph, be deemed not to include the borough, urban district or town.

(16) Rules under subsection (3) of this section shall, for the purposes of the Statutory Instruments Act, 1947 , be deemed to be an instrument to which that Act primarily applies.

(17) The Minister may by regulations provide for the disposition of any fees under this section and fees to which any such regulations relate shall be disposed of in accordance with these regulations.

Control of traffic when there is event attracting large assembly, etc.

91. —(1) For the purpose of preserving order in relation to traffic when there is an event attracting a large assembly of persons or when there is traffic congestion or a fire, flood or similar occurrence, a member of the Garda Síochána in uniform may do all or any of the following things: divert, regulate and control traffic and regulate and control the parking of vehicles.

(2) The powers conferred by subsection (1) of this section shall, in particular, include power to do all or any of the following things by oral or manual direction:

(a) prohibit the passage of traffic;

(b) indicate the direction in which traffic is to proceed;

(c) prohibit the parking of vehicles;

(d) indicate places for the parking of vehicles or as standsfor public service vehicles and regulate their use;

(e) make any other prohibitions or indications which he considers necessary for preventing obstruction or disorder in traffic.

(3) A person who contravenes a direction given by a member of the Garda Síochána under this section shall be guilty of an offence.

(4) Notwithstanding any other provision of this Act, a person may, for the purposes of this section, act temporarily as a parking attendant subject to his having been authorised so to do by an officer of the Garda Síochána.

Prevention of obstruction of traffic by fairs and markets.

92. —(1) Where any fair or market is held in any public place within the functional area of the corporation of a county or other borough, the council of a county or an urban district or the commissioners of a town, the corporation, council or commissioners may make such bye-laws as they consider necessary for securing the free passage of vehicular traffic through public roads on the occasion of fairs or markets.

(2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, shall apply to bye-laws under this section in like manner as they apply to bye-laws under that Act, subject to the modification that references therein to a sanitary authority shall be construed as references to the corporation of a county or other borough, the council of a county or an urban district, or the commissioners of a town, as the case may require.

(3) A person who contravenes a bye-law under this section shall be guilty of an offence.

(4) Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.

Protection of bridges from excessive burdens.

93. —(1) (a) A road authority, railway or canal company or other person liable to maintain a bridge carrying a public road may, by notices in the prescribed form placed in the prescribed manner on the approaches to the bridge, prohibit any vehicle, which with the load (if any) thereon exceeds the weight specified in the notices, from passing over the bridge either (as may be specified in the notices) at all, at a speed exceeding a specified speed or subject to specified conditions.

(b) A notice placed on the approaches to a bridge which purports to be a notice under this subsection shall, in any legal proceedings, be presumed, until the contrary is shown, to be a notice placed pursuant to this subsection and to be in the prescribed form and placed in the prescribed manner.

(2) Notices shall not be placed under subsection (1) of this section in respect of a bridge unless some restriction on the use of the bridge is reasonably necessary to ensure that the traffic over the bridge will not impose on the bridge a greater burden than it is capable of bearing, and no such notice shall impose a greater restriction on the use thereof than is reasonably necessary for that purpose.

(3) A person, who claims that notices purporting to have been placed under subsection (1) of this section have been so placed in contravention of subsection (2) of this section, may appeal in the prescribed manner to the Minister and, on the hearing of the appeal, the Minister shall give such directions (whether for the maintenance, removal or alteration of the notices) as he thinks proper.

(4) Where the Minister, in consequence of an appeal to him under this section, gives directions for the removal or alteration of the notices to which the appeal relates, the person by whom the notices were placed shall, within three days after the communication of the directions to him, remove or alter the notices in accordance with the directions.

(5) A person who contravenes subsection (4) of this section shall be guilty of an offence.

(6) A person shall not drive a vehicle over a bridge in contravention of a notice placed under subsection (1) of this section in relation to the bridge (notwithstanding that the notice may have been placed in contravention of subsection (2) of this section).

(7) A person who contravenes subsection (6) of this section shall be guilty of an offence.

(8) Where a vehicle is driven over a bridge in such circumstances as to constitute an offence under subsection (6) of this section, the owner of the vehicle shall be liable in damages to the authority, company or other person liable to maintain the bridge for any injury caused to the bridge by the driving of the vehicle over the bridge, and the damages shall be recoverable by such person from the owner of the vehicle by civil action in any court of competent jurisdiction.

(9) Where notices are placed under this section in respect of a bridge, it shall be lawful, with the consent of the Commissioner, for the authority, company or other person liable to maintain the bridge, and it shall be the duty of such authority, company or other person if required by the Commissioner, to erect and maintain a sign, either in advance of or at the bridge, to give indication to traffic of the prohibition provided for by the notices, being a sign conforming with the prescribed provisions as to size, shape, colour and character.

Closing of particular roads to vehicles.

94. —(1) The Minister may, after holding a public inquiry, by order prohibit, subject to such exceptions or conditions as may be specified in the order, the driving of vehicles or any class of vehicles on any specified public road in respect of which it appears to him, in consequence of the inquiry, to be proved that the driving of vehicles or the class of vehicles on the road would endanger the traffic thereon or that the road is for any other reason unsuitable for use by vehicles or such class of vehicles.

(2) Where an order is made under subsection (1) of this section—

(a) it shall be the duty of the road authority charged with the maintenance of the road to which the order relates to erect and maintain, at such places as are specified in the order, notices in a form approved of by the Minister stating the effect of the order, and

(b) it shall be lawful for such road authority, with the consent of the Commissioner, and shall be their duty if required by the Commissioner, to erect and maintain a sign, either in advance of or at the road, to give indication to traffic of the prohibition provided for by the order, being a sign conforming with the prescribed provisions as to size, shape, colour and character.

(3) Where an order has been made under subsection (1) of this section, the Minister may at any time, after giving notice to the road authority charged with the maintenance of the road to which the order relates and considering any representations made to him by such road authority, by order revoke or amend the first-mentioned order and thereupon it shall be the duty of such road authority to remove or alter the notices erected and maintained by them under subsection (2) of this section in relation to the first-mentioned order.

(4) The making of representations pursuant to subsection (3) of this section shall—

(a) where they are made by the council of a county, the corporation of a borough other than a county borough or the council of an urban district, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and

(b) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.

(5) A person shall not drive a vehicle on a road in contravention of an order under subsection (1) of this section.

(6) Where a person contravenes subsection (5) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence.

(7) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

Traffic signs.

95. —(1) In this section—

road regulation” means an order, regulation, bye-law or rule under an enactment (other than section 86 , 93 , 94 or 96 of this Act) relating to traffic on a road;

traffic sign” means any sign, device, notice or roadway marking, or any instrument for giving signals by mechanical means, which does one or more of the following:

(a) gives information in regard to a public road, including the places to which it leads and the distances to or from such places,

(b) warns persons of danger in relation to a public road, or advises the precautions to be taken against such danger, or both,

(c) indicates the existence of a road regulation in relation to a public road, or implements such a regulation, or both;

provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate and cognate words shall be construed accordingly.

(2) (a) The Minister, if he so thinks fit, may make regulations with respect to specified traffic signs, and where a traffic sign of the same kind as a traffic sign specified in any such regulations is provided by a road authority, it shall be in accordance with the regulations unless otherwise authorised by the Minister.

(b) Regulations under this subsection may specify the significance to be attached to a traffic sign specified in the regulations, but this provision shall not be construed as requiring the regulations to provide that the traffic sign is to comprise any word, words or symbol indicating precisely the significance of the traffic sign.

(3) A road authority shall provide on any public road in their charge such traffic signs as may be requested by the Commissioner in the positions indicated by him and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he may request.

(4) A request by the Commissioner under subsection (3) of this section may be for the provision either of traffic signs for all times or occasions or of traffic signs for a limited period or a particular occasion or particular occasions.

(5) A road authority may, with the consent of the Commissioner, provide for any public road in their charge such traffic signs as they consider desirable.

(6) Where the provision by a road authority of a traffic sign on land adjacent to but not forming part of a public road is reasonably necessary, the road authority may, after at least twenty-one days' notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by such road authority by reasonable enquiries, enter and provide the traffic sign on the land.

(7) Where a traffic sign is provided under subsection (6) of this section on any land by a road authority, any person interested in the land may at any time, on giving notice of his intention so to do to the road authority, apply to the Minister to direct the removal of the traffic sign.

(8) Where an application is made under subsection (7) of this section, in relation to a traffic sign provided on any land, the Minister, after consideration of the application, shall either—

(a) refuse the application,

(b) if he is satisfied that the provision of the traffic sign is not reasonably necessary, direct the removal of the traffic sign from the land, or

(c) if he is satisfied that the provision of the traffic sign in its existing position causes unnecessary or unreasonable hardship, direct the removal of the traffic sign to another position on the land.

(9) Where the Minister gives a direction under subsection (8) of this section in relation to a traffic sign, the road authority who provided the traffic sign shall comply with the direction.

(10) A person other than a road authority shall not provide a traffic sign visible from a public road without the consent of the Commissioner.

(11) The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) of this section shall be guilty of an offence and, in any prosecution for an offence under this subsection and notwithstanding any other provision of this Act, the traffic sign shall be presumed, until the contrary is shown by the defendant, to have been provided by a person other than a road authority without the consent of the Commissioner.

(12) Where a person wilfully obstructs or interferes with the exercise by a road authority of the powers conferred by subsection (6) of this section, or without lawful authority, removes, defaces or otherwise injures a traffic sign provided under this section, he shall be guilty of an offence.

(13) Expenses incurred by a road authority in providing traffic signs for a public road shall be part of the expenses of maintaining the road.

(14) A person shall not provide any such sign, device, notice or light as is not a traffic sign if, on provision thereof, it is visible from a public road and—

(a) it is capable of being confused with a traffic sign,

(b) it makes a traffic sign provided in accordance with this section less visible to road users, or

(c) it obstructs the view of public road users so as to render the road dangerous to them.

(15) The occupier or (in the case of unoccupied land) the owner of land on which a sign, device, notice or light is provided in contravention of subsection (14) of this section shall be guilty of an offence.

(16) Where a traffic sign, not being a traffic sign to which regulations under subsection (2) of this section relate, is provided under this section by a road authority, it shall be in conformity with any general or particular directions that may be given from time to time by the Minister.

(17) A traffic sign standing provided under any subsection of section 69 of the Local Government Act, 1946 , at the commencement of this section shall be deemed to be provided under the corresponding subsection of this section.

(18) A traffic sign on or near a public road shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so placed lawfully and to be in accordance with any regulation, or in conformity with any direction, under this section relating to it.

(19) A request by or consent of the Commissioner under this section may be signed by an officer of the Garda Síochána authorised in that behalf by the Commissioner.

(20) Where a person is charged with an offence under subsection (11) or subsection (15) of this section, it shall be a good defence to the charge for him to show—

(a) that the traffic sign, sign, device, notice or light to which the charge relates was provided neither by him nor with his consent, and

(b) that as soon as was practicable after its provision came to his notice, he had it removed.

Patrol of places where school-children cross public roads.

96. —(1) The council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town may, with the consent of the Commissioner of the Garda Síochána, make arrangements for the patrolling, by persons (in this section referred to as traffic wardens) employed or nominated by them, of places where school-children cross public roads.

(2) A traffic warden may exhibit such sign as may be prescribed requiring traffic to stop and remain stopped so as to enable school-children to cross the road in safety, and traffic shall stop and remain stopped accordingly so long as the sign is exhibited.

(3) A person who fails to stop a vehicle or animal or keep it stopped in accordance with subsection (2) of this section shall be guilty of an offence.

(4) The power conferred on a traffic warden by subsection (2) of this section shall be exercisable only if the warden is wearing such uniform as may be prescribed.

(5) Where a county includes any borough, urban district or

town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.

(6) A person acting as a traffic warden shall, in any legal proceedings, be presumed, until the contrary is shown, to have been so acting in accordance with arrangements duly made under this section and with the regulations for the purposes of this section.

(7) In this section—

traffic” does not include pedestrians;

uniform” includes any garment, armlet or cap.

Vehicle left or abandoned on public road.

97. —(1) Where a vehicle is left on a public road in such a position as to cause or to be likely to cause danger or obstruction to traffic or is abandoned on a public road, a member of the Garda Síochána may himself remove the vehicle or cause any other person to remove it and may arrange for the storage of the vehicle.

(2) Where a vehicle is removed pursuant to this section, such charge in respect of the removal as may be specified by the Minister for Justice by regulations shall be paid to the Commissioner by the owner of the vehicle.

(3) Where a vehicle is stored pursuant to this section, such charge in respect of the storage as may be appropriate in accordance with a scale specified by the Minister for Justice by regulations shall be paid to the Commissioner by the owner of the vehicle.

(4) A charge under this section may, in default of being paid, be recovered as a simple contract debt in any court of competent jurisdiction.

(5) When making regulations under this section, the Minister for Justice shall take account of the reasonable cost of removing and storing vehicles.

Prohibition of obstruction of traffic.

98. —(1) A person shall not do any act (whether of commission or omission) which causes or is likely to cause traffic through any public place to be obstructed.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that there was lawful authority for the act complained of or that it was due to unavoidable accident.

Prohibition of unauthorised holding or getting on to vehicles.

99. —(1) A person shall not hold on to, or get on or in to, a moving vehicle in a public place.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that there was lawful authority for the act complained of or that otherwise there was reasonable cause therefor.

Cyclists holding on to other vehicles.

100. —(1) A person on a bicycle or a tricycle in a public place shall not hold on to any other vehicle (other than a pedal bicycle which no person is driving) which is in motion or hold on to any person or thing on, in or attached to any such vehicle.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Provision of car parks by local authorities.

101. —(1) In this section—

local authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;

car park” means a place (not being part of a public road) for the parking of mechanically propelled vehicles.

(2) A local authority may provide such one or more car parks (and access thereto) as they consider desirable in order to relieve or prevent traffic congestion.

(3) A local authority may, with the consent of the Minister, assist any person providing a car park, and the assistance may consist either of a contribution of money or the execution of works or the grant or lease of land.

(4) For the purposes of subsection (2) or subsection (3) of this section, a local authority may, with the consent of the Minister, purchase or take on lease any land or any easement in, to or over the land or use any land which they have acquired for another purpose.

(5) Sections 203, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government Act, 1925 , shall apply to the acquisition of land by a local authority under this section, but with the modification that the advertisements mentioned in subsection (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in that subsection shall be served in the next succeeding month.

(6) Subsection (2) of this section shall be construed as conferring on a local authority—

(a) power, subject to the consent of the Minister, to erect a building used wholly or mainly for parking mechanically propelled vehicles,

(b) power, subject to the consent of the Minister, to erect waiting rooms, cloak rooms and similar facilities for any car park provided by them,

(c) power to adapt land for use as a car park.

(7) A local authority may make bye-laws as to the use of any car park provided by them under this section, and, in particular, in relation to all or any of the following matters:

(a) restricting the classes of vehicles which may be admitted to the car park;

(b) specifying the charges to be made for the use of the car park;

(c) specifying the periods for which vehicles may remain in the car park.

(8) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, shall apply to bye-laws under this section in like manner as they apply to bye-laws under that Act.

(9) Where a local authority become of opinion that the land used for a car park provided by them under this section should be used for a different purpose for which they may lawfully use land, the local authority may terminate the use of the land for a car park.

(10) A local authority who have provided under this section a car park may, with the consent of the Minister, sell or lease the car park or any part thereof to any person subject to such conditions as they think proper.

(11) The Minister may, with the consent of the Minister for Finance, make grants from the Road Fund towards the expenses incurred under this section by a local authority.