# Parking my car in front of my own house



## vector (28 Apr 2007)

To give a background I live in private cul-de-sac 1970s era semi-detached house

Like most housing esates at the some stage the local authority (county council) took "charge?" of the road, so they tar it.

My driveway only holds 1 car, and I now have two cars.

1. Do I have any right to park outside my own house (outside my curtlidge) on the road?

2. and if I do can I put two wheels on the footpath? (I don't want to for the sake of my suspension, but on the other hand it seems more considerate in case a truck wanted to pass to allow it plenty of room)

I'd guess that I don't actually have a right to park in front of my own house as the road is owned by the council, indeed, this must the be case with most houses in ireland, and its only a matter of time before a cash hungy local authority decided to clamp suburbia


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## z105 (28 Apr 2007)

> 2. and if I do can I put two wheels on the footpath?


 
No you can't - it's illegal


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## vector (28 Apr 2007)

Havealaugh said:


> No you can't - it's illegal


ok, well thats on down

although it would be an interesting loophole if the footpath in question did not meet some minimum width was thus not a "footpath" within the meaning of the act (which act I don't know, just a thought)


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## z105 (28 Apr 2007)

A footpath is by it's definition "a Footpath" and not for vehicular traffic !


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## Cashstrapped (28 Apr 2007)

Havealaugh said:


> A footpath is by it's definition "a Footpath" and not for vehicular traffic !



You wouldn't want to live where we live then, full of rented accom. with 3 cars to most houses, you wouldn't get a pram past the cars at the best of time, you need to walk out on the road and it's a new estate.  You would think if it was illegal to park at the end of your own drive that the developers would be made to provide adequate parking for at least 2 cars for each house, strange one ....


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## Stifster (28 Apr 2007)

We bought a 4 bed in a new mixed development. 1.8 spaces per house! Don't fancy living here as the families around grow!


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## misterbarlow (29 Apr 2007)

Cars down our street regularly park completely on the pavement with ALL FOUR wheels on it totally blocking the way for peds.


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## TDON (29 Apr 2007)

If you have a front garden, you could always tarmac or pave the grass area to create a bigger driveway.

I did that in January and it cost €2,000 for the whole front to be tarmaced. Ample space now for cars and no more mowing.


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## zag (29 Apr 2007)

A few points :

- you have the right to park outside your house, but everyone else (who has paid their road tax) also has the right to park there too, so if you get there first it's yours, if someone else gets there first it's theirs.
- it's not illegal to park ouside your house, it's illegal to park on a footpath
- it's also inconsiderate to park on a footpath - do you really think it is better to be nice to a truck than to ensure that the footpath is clear for people with buggies, wheelchairs, visually impaired, etc . . . ?

Some people visiting a building between my house and the kids school insist on parking on the footpath in the mornings.  When passing this way on the way to school in the morning I have a choice of making the kids cycle on a busy road or getting them to squeeze through between the wall and the car.  Sometimes (although rarely) the cars get scratched, but I'll go for that *every* time before making my kids cycle against the traffic on the road because someone parked on the footpath.

There's a reason there is an allowance of 1.8 cars (and with a given size per car, not just a space fit for a Smart) per dwelling.  If there are too many spaces people will fill them up and nobody will use public transport.  If there are too few people will spill out onto the neighbouring roads, park on the pavements, etc . . .

There is no magic number for all developments which will result in a perfect balance of supply & demand for spaces, but 1.8 seems to work reasonably well.

z


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## Brendan Burgess (29 Apr 2007)

If there are cars parked on the footpath and they are forcing you to walk or push a pram out into the middle of the road, then call the Gardai or the clampers. The number in Dublin for the clampers is 6022500. They are fairly responsive. I have got a few cars clamped and towed. 

brendan


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## zag (29 Apr 2007)

Brendan, thanks for the number, but it is for Dublin City only as far as I know.  The area I am in is just outside the boundaries and the relevant authority don't clamp.  They have some parking wardens (or whatever they have been rebranded as now) but I think they are based in the built up areas and don't do 'site' visits as such.

I may be wrong, but I understand the Gardai don't come out since it is not a criminal matter.  If someone can correct me on this then I will be happy indeed . . . 

z


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## liteweight (29 Apr 2007)

If you have a driveway you may park outside your house although it is illegal for other cars to do so i.e. block a driveway. It's definitely illegal to park on the footpath and the Gardai will come out if called. If a patrolling garda notices the offence he may/will give a ticket.


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## MandaC (30 Apr 2007)

There is a blind man living in my mam's estate. He is very independent and has worked in the department of social welfare for approx 30 years and he makes his own way to and from work by public transport. He usually gets the arrow home and then walks from the station home (about a five minute walk) with his stick to guide him.

The other day I was coming out of the estate when I saw him coming home. He turned to walk up the footpath he usually goes up only to walk straight into a car with all four wheels up on the footpath displaying a for sale sign. A young polish guy on his way home from work had to run over from the opposite side of the road and stop him from barging into the car, as he did not know how to get around it.

I was absolutely disgusted and knocked into the house of the person with the car, they were living in the estate but on a different road and gave them what for. Needless to say, the car has not been back there since.

Parking wholly or even partly on a footpath is illegal and totally ignorant.


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## Ham Slicer (30 Apr 2007)

zag said:


> Some people visiting a building between my house and the kids school insist on parking on the footpath in the mornings.  When passing this way on the way to school in the morning I have a choice of making the kids cycle on a busy road or getting them to squeeze through between the wall and the car.  Sometimes (although rarely) the cars get scratched, but I'll go for that *every* time before making my kids cycle against the traffic on the road because someone parked on the footpath.



According to the rules of the road it it also illegal to cycle on the footpath.

So would it be OK if I push your kids out of the way if they are blocking the path on their bikes and I can't get past?


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## Bedlam (30 Apr 2007)

How would people deal with  the situation where a friend of a neighbour constantly parks his van outside the front door of a house in the estate and yet he lives 2 miles away. The van can be left there for week on end without being moved. 


Bedlam


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## gipimann (30 Apr 2007)

How about reporting it as an abandoned vehicle...if nobody in the immediate vicinity owns it?!


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## zag (30 Apr 2007)

Ham Slicer said:


> According to the rules of the road it it also illegal to cycle on the footpath.
> 
> So would it be OK if I push your kids out of the way if they are blocking the path on their bikes and I can't get past?



Ham slicer - no it wouldn't be OK.  If you ask them to move and they don't then I would imagine I wouldn't be upset if you pushed through them.  I have asked driver sitting in their car blocking the footpath to move and if they don't I get the kids to pass through.

It's not illegal to cycle on a footpath - it's something you shouldn't do.  However, given the situation where young children need to get to school and there is an N-road along the way then it would be foolhardy to force them out onto the road where the risk of getting killed is very real.

z


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## CCOVICH (30 Apr 2007)

zag said:


> It's not illegal to cycle on a footpath - it's something you shouldn't do.


 

I thought that it was illegal??


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## Towger (30 Apr 2007)

zag said:


> It's not illegal to cycle on a footpath - it's something you shouldn't do.



Lifted from the new rules of the road: 

You must not:

Ride or attempt to ride a bicycle while under the influence of alcohol or drugs, 
Ride on or across a footpath, 
Hold on to a moving vehicle, 
Cycle more than two abreast (in heavy traffic cycle in single file), 
Cycle against the traffic flow on one-way street.

You must:

Cycle in single file when overtaking (when overtaking parked vehicles beware of doors that may open sudden), 
Give your name and address if requested, to a Garda, 
Obey signals given by a Garda or School Warden, 
Obey the rules applying at traffic lights, pedestrian crossings, pelican crossing and zebra crossings, 
Know the meaning of hand signals for cyclists and give them when cycling on the road.

You should not:

Hold on to or lean against stationary vehicles, 
Weave in and out of moving traffic, 
Carry a passenger.

You should:

Keep well back when cycling behind a motor vehicle in slow moving traffic, 
Take extra care on wet or icy roads or when the wind is blowing strongly, 
Use your bell as a warning only, 
Cycle on cycle tracks where such facilities are provided.


AFAIK: If provided, a Cycle Track MUST be used.  I even know of people who were fined £50 for NOT using the Cycle Track on the Stillorgan Dual Carriageway. Can they now look for their money back as it is now classed as a 'You should' offence!!

Towger


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## Megan (30 Apr 2007)

zag said:


> Ham slicer - no it wouldn't be OK.  If you ask them to move and they don't then I would imagine I wouldn't be upset if you pushed through them.  I have asked driver sitting in their car blocking the footpath to move and if they don't I get the kids to pass through.
> 
> It's not illegal to cycle on a footpath - it's something you shouldn't do.  However, given the situation where young children need to get to school and there is an N-road along the way then it would be foolhardy to force them out onto the road where the risk of getting killed is very real.
> 
> z



The rules of the road reads:
You must not:
Ride on or across a footpath.


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## zag (30 Apr 2007)

Grand - when my kids are old enough to read and comprehend a document of that complexity I will advise them of their responsibilities.  Until then I will continue to keep them on the path.

Maybe some of the legal eagles out there can clarify - I understood the rules of the road was an explanation and interpretation of the relevant legislation and best principles, but unless something significant has changed the contents of the document are not enshrined in law.  Don't get me wrong - I'm not saying it has no value, but I am saying that it is the legislation that is the driving force and the rules of the road is only a representation for the lay user of the legislation.  To give an example of the interpretation issue - you shouldn't cycle more than one abreast in 'heavy traffic' - how and where is 'heavy traffic' defined ?  Can you get busted for cycling two abreast - no.  Can you get busted for driving without due consideration for this - possibly, depending on the definition of 'driving' since you don't drive a bike.

z


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## gonk (30 Apr 2007)

zag said:


> Maybe some of the legal eagles out there can clarify - I understood the rules of the road was an explanation and interpretation of the relevant legislation and best principles, but unless something significant has changed the contents of the document are not enshrined in law.


 
I'm no legal eagle, but as the introduction to the "Rules of the Road" explains (http://www.rsa.ie/PUBLICATIONS/upload/File/ROTR_2007.pdf), 


"It uses *must *and *must not *to draw attention to behaviour the law clearly demands or forbids."
"It uses terms such as *should *and *should not *to tell you how best to act in a situation where no legal rule is in place."



Cycling on footpaths is therefore so far as the authors of the Rules of the Road are concerned, illegal. Personally, I'd take their word for it . . . 


​


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## Purple (30 Apr 2007)

Back on topic, you can only park outside your own home if doing so does not cause an obstruction. You have the right to enter, pass along and exit the public highway. You do not have any explicit right to park on it. While it might be rude to do so you are just as entitled to park outside someone else’s home as they are.


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## Vanilla (30 Apr 2007)

'Failure to observe the rules of the road does not of itself render that person liable to criminal prosecution and courts have refused to convict of careless driving for mere breaches of the Highway Code.'

So says Woods, an expert on Road Traffic Offences.

I looked up whether cycling on footpaths was an offence out of curiousity. I can't find any specific offence, the only rules I can see for cyclists are in Article 47 as amended by SI 274 of 1998 and s.100 of RTA 1961 if anyone cares to have a look at them. But I see nothing about footpaths.

If it were my children, offence or no offence, they'd be on the footpath.


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## Ham Slicer (30 Apr 2007)

zag said:


> Grand - when my kids are old enough to read and comprehend a document of that complexity I will advise them of their responsibilities.  Until then I will continue to keep them on the path.




They don't need to read or comprehend. You can read it and tell them.


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## Ralphie (30 Apr 2007)

Article by Pat Igoe Irish Times 8/02/07 re Parking Outside your house

[broken link removed]


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## TDON (1 May 2007)

gipimann said:


> How about reporting it as an abandoned vehicle...if nobody in the immediate vicinity owns it?!


 

I believe the only way you can do this is if there are no number plates on the car. My mother-in-law has this problem the whole time as she is on a bus route into Dublin city centre and her street has not yet started disc parking.Her own daughter, who could leave her car there and walk the further 1.5 miles to work, isn't even able to get parking outside her own house and theres nothing she can do about it.


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## Ralphie (2 May 2007)

*From Dublin City Council Website*



*Abandoned Vehicle Service*


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[broken link removed]
*There are two types of vehicles that Dublin City Council can remove from the public highway.*


End-Of-Life Vehicles
Abandoned Vehicles
Dublin City Council will remove end-of-life vehicles with the owners consent for a fee of €30. The removal of vehicles with the owners consent is subject to certain conditions. please click on the links below to download the Owners Consent Form for vehicle removal and to view the conditions that apply.
Dublin City Council will also remove vehicles which are clearly abandoned. 
Under section 71 of the Waste management Act 1996, the term 'abandoned' may be defined as:
"Abandoned, in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly"
The circumstances referred to in the definition refers to vehicles left with no identification and no means of contacting the registered owner.
What this means is that a vehicle shall be deemed abandoned if it is left for a period of time with no identification and no means of contacting the registered owner.

[broken link removed]
*Important Note*

Please note that the Abandoned Vehicle Service provided by Dublin City Council is not a means for reporting parking irregularities. 
The Parking Enforcement Section of Dublin City Council will deal with parking irregularities and can be contacted at 01 222 2222.


Owner Consent Form (112 KB)
Owner Consent Form (22.5 KB)
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*What happens when an abandoned vehicle is reported to Dublin City Council.*


The vehicle must be inspected by a Dublin City Council officer, Photographed and all available details taken.
The officer will Contact local Motor tax office to try obtain registered owners details.
A letter will then be sent to the registered owner stating that the vehicle will be removed by Dublin City Council within a certain time period. If no contact is returned from the registered owner the vehicle will be removed and a Litter fine of €125 will be issued under the Litter Pollution Act 1997 following the removal of the vehicle.
If the officer deems the vehicle to be in good enough condition not to be scrapped then the officer will place the vehicle in storage and write again to the registered owner and state that the vehicle must be collected within 28 days. A €125 charge will apply for the removal  and a further €30 per day or part there of for storage.
If no contact is made by the registered owner the vehicle will be sent to Hammond Lane Metal Company (Permit No. WP98067) where it will then be de-polluted and scrapped under section 71 of the Waste Management Acts 1996 –2003.


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