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Parking A Commercial vehicle beside a loading bay

  • 23-10-2009 09:46PM
    #1
    Evo
    Registered Users, Registered Users 2 Posts: 147 ✭✭


    I was in the middle of the town I work in with my commercial (car derived van) and the loading bay outside the business I was delivery to was full with vans, but there was a space right behind the loading bay free so I parked there. I was 10 minutes in the business, came out and the warden was writing a ticket. She asked had I a pay and display I said no as I'm driving a commerical and the bay was full. She said this is not a commerical!! I pointed to the tax disc (which she didn't look at) and started looking in the back windows.

    Anyway, I was under the impression a commercial can park in a space if a loading bay is full during business hours? Am I in the wrong?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,653 ✭✭✭✭Victor


    It will depend on the local bye-laws. I imagine you can park in a parking bay, but you may have to pay.


  • #3
    davemck
    Registered Users, Registered Users 2 Posts: 11 ✭davemck


    PART III PARKING METER PROVISIONS

    S.I. No. 170 of 1969.
    DUBLIN PARKING BYE-LAWS, 1969.


    Definition of buffer area
    13.     In this Part—
    " buffer area " has the meaning assigned to it by Article 2 of the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 ).
    Parking in meter parking places
    14. (1) The following provisions shall apply during business hours to the parking of a vehicle in a meter parking place :
    (a) subject to paragraph (2), a vehicle shall be parked only in a parking bay and in the position specified by the traffic sign relating to the parking bay;
    (b) a vehicle shall not (unless exempted) be parked for a period longer than 2 hours, unless the parking meter for the parking bay is out of order;
    (c) a vehicle which had been parked in a meter parking place shall not be parked again in the street containing that meter parking place until at least an hour after the vehicle had last vacated that meter parking place;
    (d) a vehicle shall not be parked in a buffer area;
    (e) a vehicle parked at a time not during business hours shall be removed when a period of business hours commences, unless the appropriate fee in respect of the appropriate parking bay is paid at such commencement;
    (f) a person parking a goods vehicle for the purpose of loading or unloading goods may do so for a period not exceeding 30 minutes without paying the appropriate fee in respect of the meter parking place.
    (2) Notwithstanding paragraph (1) (a), a vehicle parked at a parking bay during business hours may project into an adjoining buffer area if the length of the vehicle prevents its being parked wholly in accordance with paragraph (1) (a).
    (3) This bye-law shall not apply to a parking bay when the parking meter for that bay is temporarily suspended from operation under section 90 (3) (b) (viii) of the Road Traffic Act, 1961 .

    You are 100% Correct


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Not necessarily - If the tax for the vehicle is not commercial a ticket can validly issue for parking in a loading bay at any period.

    Strictly speaking parking in a space which is not a loading bay will attract a ticket, you are only authorised to park in the/a loading bay for the or a defined period of time.

    Tom


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    http://www.dublincity.ie/RoadsandTraffic/Parking/Pages/WhereToPark.aspx#loading


  • #6
    emanresu
    Registered Users, Registered Users 2 Posts: 373 ✭✭emanresu


    Tom Young wrote: »
    Not necessarily - If the tax for the vehicle is not commercial a ticket can validly issue for parking in a loading bay at any period. ...
    But it was taxed as a commercial vehicle according to the OP,
    and byelaw "f" mentioned a "goods vehicle" so that would imply commercial motor tax.

    But, anyway we don't know if the quoted Dublin parking bye-laws are relevant:
    Evo wrote: »
    I was in the middle of the town I work in with my commercial (car derived van) and ...


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  • #7
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    emanresu wrote: »
    But it was taxed as a commercial vehicle according to the OP,
    and byelaw "f" mentioned a "goods vehicle" so that would imply commercial motor tax.

    But, anyway we don't know if the quoted Dublin parking bye-laws are relevant:

    No, doesn't say anywhere above taxed Commercial, says is a Commercial. The tax disc is what actually dictates that.

    Believe it or not some companies tax commercial vehicles as personal use.

    Tom


  • #8
    emanresu
    Registered Users, Registered Users 2 Posts: 373 ✭✭emanresu


    OK, you could be right,
    but when the OP mentioned pointing to the tax disc I assumed that they meant they knew it was taxed commercial.

    I didn't realise that anyone would decide to pay more motor tax than they had to.


  • #9
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    emanresu wrote: »
    OK, you could be right,
    but when the OP mentioned pointing to the tax disc I assumed that they meant they knew it was taxed commercial.

    I didn't realise that anyone would decide to pay more motor tax than they had to.

    Couple of things, yes, the OP didn't mention whether the vehicle was actually taxed commercial or not. Assuming it is, he was incorrectly parked while the loading bay was occupied, thereby allowing the warden to ticket.

    The warden may have been able to tell from the colour of the disc that the motor taxation might not have been commercial, again we weren't there and do not know.

    I assume there are some BIK - Benefit In Kind, or other unrelated reasons for apply for tax discs on assigned commercial vehicles which may not actually be commercial discs!

    Heaven knows! :rolleyes:


  • #10
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Some companies tax their vehicles private as it exempts them from having to do an annual DOE test.


  • #11
    TJJP
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭TJJP


    davemck wrote: »
    PART III PARKING METER PROVISIONS
    S.I. No. 170 of 1969.
    DUBLIN PARKING BYE-LAWS, 1969.

    <Snip>

    You are 100% Correct

    If this was in Dublin, then just for the record, the act has been superseded (2008):

    http://www.dublincity.ie/Documents/Parking_Control_(Amendment)_Bye-Laws_2008[1].pdf

    7. (4) a goods vehicle, other than a vehicle described in paragraph (2) of this Bye-Law, which is parked while goods are being actively loaded in or on to it or unloaded from it, for a period not exceeding 30 minutes from the commencement of parking.

    8. (1) A valid pay and display parking ticket or a valid pay and display parking tag shall be displayed as specified in this Bye-Law in the interior of a vehicle lawfully parked in a pay and display ticket parking place in a ticket parking area during operational hours.

    While the principle of 7.4 remains the same, 8.1 would seem to infer that a ticket must be displayed (a goods vehicle can lawfully park for up to 30 mins while loading 7.4 , but must display a ticket 8.1)?

    I think I'd check this out fully before I went too far with it.


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  • #12
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    How do you know this happened in Dublin?

    Bye laws down the country may differ significantly from the above.


  • #13
    Victor
    Registered Users, Registered Users 2 Posts: 78,653 ✭✭✭✭Victor


    davemck wrote: »
    PART III PARKING METER PROVISIONS

    S.I. No. 170 of 1969.
    DUBLIN PARKING BYE-LAWS, 1969.


    Definition of buffer area
    13.     In this Part—
    " buffer area " has the meaning assigned to it by Article 2 of the Road Traffic (Signs) (Amendment) Regulations, 1964 ( S.I. No. 56 of 1964 ).
    Parking in meter parking places
    14. (1) The following provisions shall apply during business hours to the parking of a vehicle in a meter parking place :
    (a) subject to paragraph (2), a vehicle shall be parked only in a parking bay and in the position specified by the traffic sign relating to the parking bay;
    (b) a vehicle shall not (unless exempted) be parked for a period longer than 2 hours, unless the parking meter for the parking bay is out of order;
    (c) a vehicle which had been parked in a meter parking place shall not be parked again in the street containing that meter parking place until at least an hour after the vehicle had last vacated that meter parking place;
    (d) a vehicle shall not be parked in a buffer area;
    (e) a vehicle parked at a time not during business hours shall be removed when a period of business hours commences, unless the appropriate fee in respect of the appropriate parking bay is paid at such commencement;
    (f) a person parking a goods vehicle for the purpose of loading or unloading goods may do so for a period not exceeding 30 minutes without paying the appropriate fee in respect of the meter parking place.
    (2) Notwithstanding paragraph (1) (a), a vehicle parked at a parking bay during business hours may project into an adjoining buffer area if the length of the vehicle prevents its being parked wholly in accordance with paragraph (1) (a).
    (3) This bye-law shall not apply to a parking bay when the parking meter for that bay is temporarily suspended from operation under section 90 (3) (b) (viii) of the Road Traffic Act, 1961 .

    You are 100% Correct
    Superseded many years ago.

    If it is Dublin - unfortunately the OP hasn't commented - he could have actively loaded/unloaded for 30 minutes, but as he was parked, he had to pay.


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