Taxis:

COBH TAXIMETER AREA (APPOINTED STANDS)

BYE LAW 2004

WHEREAS:-

Cobh Town Council in exercise of the powers vested in it by Section 84 of the Road Traffic Act, 1961 (No. 24 of 1961) as substituted by Section 15 of the Road Traffic Act 2002 (No. 12 of 2002) and all other enabling powers, and having consulted with An Garda Síochána, and the County Council of the County of Cork desires to make a Bye-Law for the regulation of taxi stands within the Cobh Taximeter Area.

NOW Cobh Town Council in exercise of the powers conferred on it by Section 84 of the Road Traffic Act, 1961 (No. 24 of 1961) as substituted by Section 15 of the Road Traffic Act 2002 and all other Statutory powers in that behalf HEREBY MAKES THE FOLLOWING BYE-LAW: -

1.This Bye-Law shall be cited as the Cobh Taximeter Area (Appointed Stands) Bye-Law 2004 and shall apply to the Cobh Taximeter Area.

2.The Cobh Taximeter Area (Appointed Stands) Bye Laws, 2001 are hereby revoked.

3.In this Bye-Law except where the context otherwise requires, the following words and phrases shall have the following meanings respectively: -

a.The “Act of 1961” means the Road Traffic Act 1961 (No. 24 of 1961)

b.The “Act of 2002” means the Road Traffic Act 2002 (No. 12 of 2002)

c.“The Act of 1993” means the Roads Act 1993 (no. 14 of 1993)

d.The “1997 Sign Regulations” means the Road Traffic (Signs) Regulations 1997 (SI No. 181 of 1997)

e.“Appointed Stand” has the meaning assigned to it by Section 84 of the Act of 1961 as substituted by Section 15 of the Act of 2002.

f.“Authorised Person” means a person authorised in writing by the Council pursuant to Article 51 of this Bye-Law.

g.“Council” means Cobh Town Council.

h.“public road” has the meaning assigned to it by Section 2(1) of the Act of 1993

i.“road” has the meaning assigned to it by Section 2 (1) of the Act of 1993

j.“Taxi” and “Wheelchair Accessible Taxi” have the meanings assigned to them in the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (SI No. 136 of 1995).

k.“Taximeter Area” means the functional area of Cobh Town Council together with those parts of the functional area of the County Council of the County of Cork situate on the Great Island and Fota Island in the County of Cork.

l.“Traffic and Parking Bye Law” means the Cobh (Traffic and Parking) Bye Law 2003.

m.“Traffic Warden” has the meaning assigned to it by Section 2(3) of the Local Authorities (Traffic Warden) Act 1975 (No. 14 of 1975).

n.“vehicle” means a mechanically propelled vehicle (other than a mechanically propelled wheelchair) and a pedal cycle.

4.Reference to any statute, statutory instrument, regulation or enactment shall be deemed to include any modification, substitution or re-enactment thereof for the time being in force.

5.Reference to the masculine gender herein shall be deemed to incorporate the feminine and neuter genders where the context so requires and vice versa.

6.Descriptions given to Traffic Signs in the 1997 Sign Regulations are deemed to be incorporated in this Bye Law.For the avoidance of doubt any number referred to in association with a Traffic Sign in this Bye-Law shall be the number allocated to such sign in the 1997 Sign Regulations

7.Save where otherwise expressly provided in this Bye-Law, a prohibition on parking imposed herein shall not apply to:-

a.a vehicle 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 Fire Brigade, Ambulance or an official vehicle being used by a member of the Garda Siochána in the performance of the duties of that member

d.a vehicle upon which is Displayed a “Doctor on Call” sign [issued by the Council] and which is being used by a registered medical practitioner in the course of providing medical treatment

e.a public service vehicle picking up or setting down passengers in the course of its use.

f.a vehicle being used by an employee of the Council in the performance of the duties of that person as an employee of the Council.

APPOINTED STAND.

8.Each part of Pearse Square identified on the attached map as a Taxi Space shall be designated as an Appointed Stand

9.An Appointed Stand shall consist of the section of roadway where a Traffic Sign No. RUS 020, in association with RRM 029 [appointed stand] has been placed to indicate that an Appointed Stand has been provided.

10.A maximum of Fourteen (14) Taxis or Wheelchair Accessible Taxis may stand for hire at the same time at the Appointed Stands.

11.A Taxi or Wheelchair Accessible Taxi may not stand for hire in any area in the Taximeter Area that is not an Appointed Stand

12.The driver and the registered owner of a Taxi or Wheelchair Accessible Taxi purporting to stand for hire in any area in the Taximeter Area that is not an Appointed Stand shall be guilty of an offence.

13.A Taxi or Wheelchair Accessible Taxi that is standing for hire in an Appointed Stand shall be parked wholly within the Appointed Stand and in a manner that will not

a)interfere with a normal flow of traffic;

b)obstruct or endanger other traffic.

14.A vehicle other than a Taxi or Wheelchair Accessible Taxi shall not park in an Appointed Stand

OFFENCES

15.Any person who contravenes or who attempts to contravene a provision of these Bye-Laws or who prevents, attempts to prevent or encourages or incites any other person to prevent or attempt to prevent the exercise by an Authorised Person and/or Traffic Warden and/or a member of the Garda Siochana of a power conferred by these Bye-Laws shall be guilty of an offence and upon conviction of an offence:-

a.contrary to Article 23 shall be liable to a fine not exceeding €1,500.

b.contrary to any other Article herein shall be liable to a fine not exceeding €500.

16.Where, in relation to a vehicle, there is a contravention of this Bye-Law, each of the following persons shall be guilty of an offence: -

a)The registered owner of the vehicle (including a Taxi or Wheelchair Accessible Taxi)

b)If the vehicle is the subject of a Hire/Drive agreement on the occasion in question, the person to whom the vehicle is hired under the Agreement and

c)If the person standing for hire is not its registered owner or the person to whom it is hired under a Hire/Drive Agreement, the first mentioned person in Article 16 c).

17.Where a person charged with an offence under this Bye-Law is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that: -

a)Such use was unauthorised or

b)The vehicle was on that occasion the subject of a Hire/Drive Agreement

18.Where a person charged with an offence under this Bye-Law is the person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a 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.

19.In any prosecution for an offence under this Bye-Law, a Traffic Sign, Information Plate and/or road markings at an Appointed Stand shall be presumed, until the contrary is shown by the accused, to have been properly placed there, to be visible, to point in the correct direction (where appropriate) and to be in good order.

20.Notwithstanding the remedy provided for in this Bye-Law, an Authorised Person, a Traffic Warden and/or a member of the Garda Siochana may, pursuant to Section 206 of the Local Government Act 2001 serve a fixed payment notice (within the meaning of Section 206 aforesaid) on any person accused of committing an offence by virtue of the contravention of this Bye-Law.Such fixed payment notice shall specify the amount of the fixed payment and the period within which the fixed payment must be paid in order to avoid prosecution and shall be in the general form prescribed by law but subject to such alterations thereto as the Council may consider appropriate in the case of this Bye-Law.The amount of the fixed payment fine applicable to the fixed payment notice shall be €20.

21.Following the successful prosecution of a person accused of committing an offence by virtue of a contravention of this Bye-Law, in addition to any fine imposed by the Court, such person shall become liable to discharge the costs incurred by the Prosecutor in connection with the Prosecution aforesaid, such costs to be fixed by the Court.

22.The Council shall be entitled to appoint persons to enforce this Bye-Law in addition to Traffic Wardens and members of the Garda Siochana.A Certificate signed by the Town Clerk, Acting Town Clerk or other authorized officer of the Council certifying the appointment of such person shall be admissible in Court as evidence of such appointment.

23.Any person who threatens, verbally abuses or causes to be in fear for his/her safety, a Traffic Warden, Authorised Person or a member of the Garda Siochana or who obstructs such person in the performance of his duties herein shall be guilty of an offence.

24.In the prosecution of an offence under this Bye-Law, the prosecutor shall be entitled to prove the contents of this Bye-Law by the production to the Court of a copy of the Bye-Law certified by the Town Clerk, Acting Town Clerk or other authorised officer of the Council or by a Practising Solicitor to be a true copy of the original Bye-Law,

Dated the _____ day of _________________ 2004

Present when the seal of Cobh Town Council was affixed hereto:

__________________________

MAYOR

____________________________

MANAGER

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TOWN CLERK