Does the law on parking apply to estates?

Smashbox said:

Found the law about this..

Road Traffic (Traffic and Parking) Regulations 1997

36. (1) Save as otherwise provided for in these Regulations and subject to article 5, a vehicle shall not be parked on a public road at a location, in a manner or for a purpose referred to in this article.

(2) A vehicle shall not be parked—

( i ) on a footway, a grass margin or a median strip;

Click to expand...

Sorry to reopen this touchy subject but I'm trying to get my facts straight in a dispute with my management company. I notice in the above law that it mentions "public road". My estate is run by a management company and therefore the road is privately owned by all residents. It has not been taken over by the council. Does this mean the above law does not count? What exactly is a "public road"?

Public Road definition depends on where you are talking about, access to and signage declaring it as private property. I'm sure a lot of people will come on and say anywhere the public have access to by way of right or access is a public place. But apartments complex carparks are a different kettle of fish. Public dont necessarily have automatic access. I went to court over the definition of a public place/road and won on the basis that the RTA act doesn't apply to apartment carparks!

What do your development rules say? While your estate may not be a public road, development rules may prohibit parking apart from official spaces, as ours do. Our rules say you can only park in spaces, even though we don't have allocated spaces. Anyone parking on a path, at a gable end, along the planted areas gets clamped.

I'm surprised the RTA does not apply to apartment car parks. It's a private estate so I'd imagine it will be the same here. It's astonishing to think management company rules supercede the law! That's Ireland for you I suppose. Can we all get together and legalise spamspamspam and prostitution or its it just the RTA that doesn't apply?

We do not have any rules governing parking. Not even any yellow lines. Cars park where they like, literally. Up on the paths and on grass verges. Most people are considerate enough to leave enough room for a person to squeeze by but forget about pushing a buggy or wheel chair, you have to walk down the middle of the road if you want to do that.

I'm on the side of the pedestrians btw. I'm trying to put a stop to the parking madness. My approach has been to point out that its illegal, which should be end of story. I was going to report it to the gardai but now it seems I could be wrong as its private property.

I might ask the guards about it anyway. If the RTA doesn't cover it then maybe there's some other law.

Hi Contractor,

You must be new in town - usually its the 4WD boyos [and gurlies] who are the worst for parking illegally on paths, verges, bus stops, etc.

Your posts appear contradictory:

#4 "It's astonishing to think management company rules supercede the law"

#5 "We do not have any rules governing parking."

Which is it?

Regardless of the above apparent confusuon, the estate is covered by several regulations, including planning, building and fire regulations.

The Planning Permission will specify places for parking to avoid congestion and reduce amenity - there are no other "legal" places to park in the estate in terms of the permission except roadways and parking spaces.

The building control regulations may speficy distances between buildings to prevent spread of flame - its possible that unauthorised parking will increase the risk.

The Fire Services Act may require access to be kept clear for emergency vehicles.

The estate as a whole may be defined as a working area for those people engaged in sweeping, gardening, cleaning and maintenance.

It may be that improper parking may place such persons at risk during their working hours - its a long shot but H&S may play a part.

HTH



ONQ.