Road Traffic (Traffic and Parking) (Amendment) Regulations, 1998

JurisdictionIreland
CitationIR SI 274/1998

S.I. No. 274 of 1998.

ROAD TRAFFIC (TRAFFIC AND PARKING) (AMENDMENT) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 3 and 35 of the Road Traffic Act, 1994 (No. 7 of 1994), which powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic (Traffic and Parking) (Amendment) Regulations, 1998.

(2) These Regulations and the Road Traffic (Traffic and Parking) Regulations, 1997 may be construed as one and cited together as the Road Traffic (Traffic and Parking) Regulations, 1997 and 1998.

2. These Regulations shall come into operation on the 1st day of September, 1998, save for articles 6, 7, 8 and 9 which shall come into operation on the 1st day of November, 1998.

3. In these Regulations:—

"the Principal Regulations" means the Road Traffic (Traffic and Parking) Regulations, 1997 ( S.I. No. 182 of 1997 ).

4. Sub-article (1) of article 4 of the Principal Regulations is hereby amended—

(a) by the substitution of the following for the definition of "cycle track":—

" 'cycle track' means part of a road, including part of a footway or part of a roadway, which is provided primarily for the use of pedal cycles ;", and

(b) by the substitution of the following for the definition of "parking bay":—

" 'parking bay' means the area contained between lines of the type referred to in article 18 of the Regulations of 1997;".

5. The following shall be substituted for article 5 of the Principal Regulations:—

"5. (1) These Regulations shall apply save where compliance is not possible as a result of an obstruction to traffic or pedestrians or because of an emergency situation confronting a road user which could not reasonably have been expected or anticipated.

(2) A prohibition or restriction imposed by these Regulations shall not apply to the driver of a fire brigade vehicle or an ambulance or to the use by a member of the Garda Siochana of a vehicle in the performance of the duties of that member, where such use does not thereby endanger the safety of road users.

(3) Save where otherwise expressly provided in these Regulations, a prohibition on the entry of a vehicle to a road or main area or the prohibition on the stopping or parking of a vehicle imposed by these Regulations shall not apply to -

(a) a vehicle being used in connection with the removal of an obstruction to traffic;

(b) a vehicle being used in connection with the carrying out of roadworks;

(c) a vehicle being used by a local authority or its agents in connection with the provision of a traffic sign;

(d) a vehicle being used in connection with the removal of a vehicle pursuant to the provisions of regulations made under section 97 of the Principal Act, as amended by section 3 of the Act of 1968, or regulations made under section 41 of the Act of 1994;

(e) a vehicle being used for the purpose of facilitating the immobilisation of a vehicle or the removal of an immobilisation device from a vehicle pursuant to section 101B of the Principal Act, as inserted by section 9 of the Dublin Transport...

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