S.I. No. 247/1998 - Road Traffic (Immobilisation of Vehicles) Regulations, 1998

1. These Regulations may be cited as the Road Traffic (Immobilisation of Vehicles) Regulations, 1998.

2. In these Regulations

"the Principal Act" means the

Road Traffic Act, 1961

;

"traffic warden" means -

(a) a person referred to in sub-section (1) of

section 2

of the

Local Authorities (Traffic Wardens) Act, 1975

(No. 14 of 1975), or

(b) an authorised person under section 103 of the Principal Act, as amended by

section 64

of the

Road Traffic Act, 1968

(No. 25 of 1968).

3. The following are hereby prescribed as authorised persons for the purposes of section 101B of the Principal Act: -

(a) a member of the Garda Síochána;

(b) a person appointed in writing by a local authority for the said purposes;

(c) a traffic warden.

4. The prescribed form of the notice to be affixed to a vehicle to which an immobilisation device has been fitted shall be as set out in the Schedule to these Regulations, or shall be substantially to the like effect.

5. (1) The prescribed charge for the purpose of section 101B(5) of the Principal Act shall be sixty five pounds.

(2) The charge referred to in sub-article (1) of this article shall be paid as may be indicated in the notice affixed to the vehicle in accordance with section 101B(3) of the Principal Act, to the Member-in-Charge of the appropriate Garda Station or to the appropriate road authority as the case may be.

SCHEDULE

Section 101B of the

Road Traffic Act, 1961

(Immobilisation of a vehicle parked in contravention of a prohibition or restriction imposed under

section 35

or

36

of the

Road Traffic Act, 1994

)

Location

Date

Time

The vehicle bearing the identification mark , having been found to be parked [

state nature of parking

] in contravention of a prohibition or restriction under * section 35/*

section 36

of the

Road Traffic Act, 1994

, has been fitted with an immobilisation device by the undersigned *being an authorised person/*acting under the direction of an authorised person for the purposes of section 101B of the

Road Traffic Act, 1961

.

Arrangements will be made for the removal of the immobilisation device following payment by the owner of the vehicle (or person authorised by the owner) of the prescribed charge of£ (insert charge) to

*the Member-in-Charge at __________ Garda Station or to * __________ (insert name of road authority) at the location(s) indicated below.

(insert address(es) where payments may be made to the road authority)

Signed:__________ Date __________

Payment may be made by [cash]/[cheque]/[credit card]/[laser card]

(* delete, whichever does not apply)

Warning

No attempt should be made to drive this vehicle or otherwise to put it in motion until the immobilisation device has been removed.

Dated this 20th day of July, 1998

ROBERT MOLLOY

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE

These regulations give effect to section 101B of the

Road Traffic Act, 1961

(as inserted by

section 9

of the

Dublin Transport Authority (Dissolution) Act, 1987

) which provides for the immobilisation of vehicles which are found to be parked on a public road in contravention of a prohibition or restriction under section 35 or

section 36

of the

Road Traffic Act, 1994

.

S.I. No. 247 of 1998.

ROAD TRAFFIC (IMMOBILISATION OF VEHICLES) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government by

section 5

of the

Road Traffic Act, 1961

(No. 24 of 1961) and by section 101B of that Act (inserted by the

Dublin Transport Authority (Dissolution) Act, 1987

(No. 34 of 1987) (as amended by

section 49

of the

Road Traffic Act, 1994

(No. 7 of 1994))), which powers are 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, having consulted the Minister for Justice, Equality and Law Reform, hereby make the following Regulations:-