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Double yellow lines for taxi pick-up

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  • Registered Users Posts: 1,632 ✭✭✭the.red.baron




  • Registered Users Posts: 1,262 ✭✭✭Schorpio


    Exactly. This isn't the case closed/gotcha moment some seem to think it is. Stopping at a red light, or in traffic etc. is clearly not parking, but it is according to that definition.

    As I said earlier, we've ended up here by half-copying the UK all those years ago. If double-reds were a thing here, this wouldn't be an issue.



  • Registered Users Posts: 10,632 ✭✭✭✭28064212


    Whether you call it stopping or parking doesn't matter - there is no offence against parking in the middle of the lane. There's a separate offence of obstructing traffic, but it obviously doesn't apply in the case of a red light (since traffic can't proceed anyway). There is specifically an offence for parking on double yellow lines

    It's also illegal to park on a single yellow line outside of specified time periods. However, even during those banned time periods, there is a specific exclusion for parking to allow a passenger to enter or exit the vehicle:

    (3) A restriction on the parking of a vehicle imposed by article 37 shall not apply to

    ...

    ( b ) a vehicle parked at the edge of a roadway while a passenger is entering or leaving it

    Article 37 prohibits parking on a single yellow line. So the legislation includes a specific allowance for exiting/entering passengers for single yellow lines, but has no such allowance for double yellow lines. The clear interpretation is that stopping to pick up a passenger on double yellow lines is not permitted

    Source: https://www.irishstatutebook.ie/eli/1997/si/182/made/en/print

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  • Registered Users Posts: 1,632 ✭✭✭the.red.baron


    It's parking on the side of a roadway with double yellow lines, which if you are stopped in traffic on a road with a double yellow by the words in the act you are breaking the law



  • Registered Users Posts: 10,632 ✭✭✭✭28064212


    You're ignoring the part of the legislation that specifically says side of a roadway. If you are stopped in traffic, you are not at the side, you are in lane.

    Additionally, there is a specific exclusion in the legislation for stopping due to traffic:

     5. (1) These Regulations shall apply save where compliance is not possible as a result of an obstruction to traffic...

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  • Registered Users Posts: 1,632 ✭✭✭the.red.baron


    There are 2 sides to the road way

    The above is not for yellow lines



  • Registered Users Posts: 10,632 ✭✭✭✭28064212


    What does there being two sides have to do with anything? If I'm stopped in traffic, I am not at either side of the roadway.

    And the exclusion in 5(1) absolutely does apply to double yellow lines. "These Regulations" refer to the entire SI, and the prohibition on parking on double yellows is contained within them in 36(2)(a)

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  • Registered Users Posts: 1,632 ✭✭✭the.red.baron


    You are in the side of the road with the double yellow lines


    There are 2 sides to the road



  • Registered Users Posts: 1,632 ✭✭✭the.red.baron




  • Registered Users Posts: 10,632 ✭✭✭✭28064212


    Please quote directly from the legislation what part of article 5(1) restricts it to applying to article 37

    I don't even know what point you're attempting to make here. There is no offence for being stopped/parked in your lane, regardless of whether there are double yellow lines. There is an offence for being stopped/parked at the side of a roadway with double yellow lines


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  • Registered Users Posts: 1,262 ✭✭✭Schorpio


    So, provided I'm not obstructing traffic, it would be perfectly legal for me to park in the center of the lane? Of course it wouldn't, but that's what your posts are showing.

    The only point I'm trying to make, is that we didn't follow the UK in creating a distinction between 'no parking' and 'no stopping', and this leads to some room for interpretation/grey areas. You said it yourself -

    Article 37 prohibits parking on a single yellow line. So the legislation includes a specific allowance for exiting/entering passengers for single yellow lines, but has no such allowance for double yellow lines. The clear interpretation is that stopping to pick up a passenger on double yellow lines is not permitted

    This not being clearly defined in law leads to interpretation, and 50/50 situations. This is a pandora's box of opinions on what is or isn't permitted, and there isn't a clear right/wrong.



  • Registered Users Posts: 10,632 ✭✭✭✭28064212


    So, provided I'm not obstructing traffic, it would be perfectly legal for me to park in the center of the lane? Of course it wouldn't, but that's what your posts are showing.

    Of course it would be legal. Point me to the legislation that says it would be illegal. There are two scenarios I can think of where it would lead to an offence: obstruction of traffic, or causing a danger to other road users (e.g. it would be illegal to stop on a motorway or national road, even if there was no other traffic around, due to the potential of causing an accident). Both of these are clearly defined offences.

    You are "parked" (by the legal definition) if you stop at a red light, but that, by itself, is not an offence. It is only an offence if you are also on double yellow lines and at the edge of the roadway.

    The reason for including the single yellow line exception for passengers entering/exiting was to show that, if the legislators wanted to include an exception for double yellows, they would have. They didn't.

    There is no ambiguity here, the legislation is clear.

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  • Registered Users Posts: 34,885 ✭✭✭✭Hotblack Desiato


    We can't pick and choose the laws we obey, but when we have people on here openly admitting to consistently breaking the laws that they don't find suitable for their situation, what hope have we in general...

    Does this just apply to the Road Traffic Acts, or, say, the Misuse of Drugs Act as well? Asking for a friend 😉

    The Dublin Airport cap is damaging the economy of Ireland as a whole, and must be scrapped forthwith.



  • Registered Users Posts: 1,262 ✭✭✭Schorpio


    You're missing my point. All I'm saying is that our UK counterparts created road markings to distinguish between stopping and parking. We only half copied what they did. This has led to some grey areas.

    As to your point about being "parked" at a red light - of course you're not parked in traffic or at a red light. That's a nonsensical perspective to take. The 1961 Act does not define 'stop' in relation to a vehicle, but the Act does not have to define every English term contained within it, particularly when a generic dictionary definition would suffice.

    Even the definition of park in the 61 Act is woolly -

    “park”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly

    There's zero reference to any times. You're interpretation suggests that parking happens the moment a vehicle is stationary. I disagree. The Act doesn't specify, so we would argue the point forever.

    Also, most court cases rely on the actions and/or interpretation of a 'reasonable person'. I would strongly argue that no reasonable person would conclude that a car stopped at a red light was 'parked'.



  • Registered Users Posts: 167 ✭✭mode1990


    You'll get no sympathy here , mega anti taxi bias , fight it , any reasonable judge would find this a complete waste of the courts time & probably chastise the gard for complete pettiness, not forgetting when the **** hits the fan it's taxi dash cam footage that has helped in numerous prosecutions , best of luck !



  • Registered Users Posts: 5,769 ✭✭✭The J Stands for Jay


    Jaysus, if I could ignore the law in my job I'd be rich



  • Registered Users Posts: 5,769 ✭✭✭The J Stands for Jay


    No

    Yesterday, customer stopped me to pick them up



  • Registered Users Posts: 167 ✭✭mode1990


    Are you a drug dealer ? Or just another Jerk , as a delivery driver I rely on common sense, and stopping to accept a passenger is what taxi drivers do , Jesus wept !



  • Registered Users Posts: 5,769 ✭✭✭The J Stands for Jay


    Bring it to court and settle it once and for all. How many extra points will it be?



  • Registered Users Posts: 167 ✭✭mode1990


    Mod

    Warned for this post.

    Post edited by Sephiroth_dude on


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  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    Why do we have laws that specify clearways so when by a lot of logic here they amount to the same thing as single yellow lines with hours shown?

    The law for a clearway specifies no parking or stopping, and the laws for yellow lines just mention parking. If parking and stopping are the same thing then why mention stopping in the context of clearways?

    https://www.irishstatutebook.ie/eli/1997/si/182/made/en/print#article40

    36 Prohibitions on Parking

    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—

    ( a ) on that side of a section of roadway along the edge of which traffic sign number RRM 008 [double yellow lines] has been provided;

    ...

    37 Restrictions on Parking

    37. (1) A vehicle shall not be parked during a period which may be indicated on an information plate, on that side of a section of roadway along the edge of which traffic sign number RRM 007 [single yellow line] has been provided.

    ...

    40 Clearways

    40. (1) A clearway means a part of a roadway at the start of which traffic sign number RUS 010 [Clearway], accompanied by an information plate, is provided and at the end of which traffic sign number RUS 010 [Clearway], accompanied by an information plate containing the words "End/Críoch", is provided.

    (2) A vehicle may not be stopped or parked in a clearway during the period indicated on the information plate.

    



  • Registered Users Posts: 34,885 ✭✭✭✭Hotblack Desiato


    Exactly, it's nonsense.

    There's no way a vehicle stopped due to traffic, lights, etc. but which has the intention to proceed immediately once conditions allow could be regarded as 'parked'. Nonsense on a stick.

    The Dublin Airport cap is damaging the economy of Ireland as a whole, and must be scrapped forthwith.



  • Registered Users Posts: 14,017 ✭✭✭✭Potential-Monke


    Some of ye are getting too hung up on stop and park. Park is defined in the RTA:

    “park”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly;

    Keep or leave stationary, ie: you're still in it but not moving when you can, or you're not in it. Stopping at lights and remaining stopped when the lights go green is considered parked. Stopping on double yellow lines and remaining stopped is parking, whether you leave the vehicle or not (in this case, I believe he did so he was 100% parked). Doesn't matter if the vehicle is still running (leaving a running vehicle at any time is a separate offence).

    As I said previously, we don't know all the facts. While yes, stopping to pick up a fare is nothing major, the law is still the law and we can't, nor should we encourage, picking and choosing which ones to obey and then give out about the consequences. It really doesn't bother me if they do or not, but it does bother me if it causes me a delay, regardless of how short it may be. It's ignorant of other peoples time, who those people consider less worthy than their own. If taxi drivers weren't getting caught and fined for this, it would be bedlam with them all at it all the time.

    And before someone starts on at how hard would I find it, etc, etc, I'll reply to that with something that gets said quite a lot when someone else complains about their job: get a different one if it's that bad.



  • Registered Users Posts: 34,885 ✭✭✭✭Hotblack Desiato


    If taxi drivers weren't getting caught and fined for this, it would be bedlam with them all at it all the time.

    🤣 Taxi drivers do it all the time, legal or not.

    The Dublin Airport cap is damaging the economy of Ireland as a whole, and must be scrapped forthwith.



  • Registered Users Posts: 1,262 ✭✭✭Schorpio


    "Keep or leave stationary, ie: you're still in it but not moving when you can" - I feel like a broken record at this stage, but the bit I've put in bold is you adding context to the definition that doesn't exist in the Act.

    I'm not saying I disagree with you. I'm just pointing out that you are adding context as you interpret it. The Act says absolutely nothing at all about moving off if you have the ability to do so (in relation to parking). That's why the definition in the Act is ambiguous.

    Also, you say the taxi parked to pick up a customer. Fair enough. But what if we take the similar example of a bus - would you describe a bus at a bus stop as 'parked'? I wouldn't. I would say the bus stopped, people got on, and the bus moved off. I would never used the word parked in that situation.



  • Registered Users Posts: 28,994 ✭✭✭✭AndrewJRenko


    It's easy to rile him up to fight it when you're not on the hook for the extra fine and more importantly, the penalty points.

    I'm not sure that the judge will be influenced by the apparent 'numerous prosecutions' where taxi dash cam footage has helped. Have any of these been reported in the public domain?



  • Registered Users Posts: 3,873 ✭✭✭hoodie6029


    OP’s details are so scant on this and they are so focused on the parking aspect, it’s safe to assume they’ve left a lot out. It was probably close to a junction, stopped at the last second and caused a traffic jam behind them causing cars to be stuck in the junction or some other calamity.

    @asaptaxi show us on Google maps where you stopped

    The road to Hell is paved with good intentions.



  • Registered Users Posts: 14,949 ✭✭✭✭Witcher


    OP hasn't been online since the 12th, I think it's safe to say he's moved on with his life.



  • Registered Users Posts: 1,424 ✭✭✭AlanG


    I would be amazed if there is not more to this than the OP is saying. For those who are asking for clear definitions in the legislation they should consider that the Irish legal system is based on a combination of leglisation and precedent. Just because someting is not clear in the leglisation does not mean you will be successful in court. If a judge previously made a judgement on a similar situation then that is a strong as the law.



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  • Registered Users Posts: 3,873 ✭✭✭hoodie6029


    Just spotted this thread today.New account too. Probably completely made up.

    Reminds me of the Boards threads of old - ‘everyone is wrong but me and don’t dare disagree with me!’ 😂

    The road to Hell is paved with good intentions.



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