Kildare County Council quizzed over parking regulations within Taken In Charge housing estates
Kildare County Council issued an in-depth answer to the question
A local councillor asked Kildare County Council (KCC) to outline parking regulations within housing estates that have been Taken In Charge (TIC) by KCC.
The query was submitted by Independent Cllr Pat Balfe at the latest Kildare-Newbridge Municipal District (MD) meeting, which took place on Wednesday, May 20 last.
His question was specifically in relation to TIC estates within the MD.
Cllr Balfe also requested:
- “Clarification on the legal status of parking control within TIC estates, including the council’s powers of enforcement”
- “The extent to which parking restrictions (for example, double yellow lines, disabled bays, permit systems) can be introduced and enforced”
- “The role of residents’ associations, if any, in requesting or managing parking controls”
LENGTHY RESPONSE
In response to his question, KCC issued a lengthy response via the report it presented at the meeting.
The report read as follows: “Parking regulations can be enforced and regulated on any public road or residential area where the road is in charge of KCC.
“Any road or residential area where the road is TIC of KCC and where the road is within a Parking Bye-Law is regulated by KCC’s appointed contractor during the Parking Bye-Law times as adopted by the elected members.
“Outside these times, illegal parking is a matter for An Garda Síochána.”
KCC continued: “Any road or residential area taken in charge by KCC but is outside the Parking Bye-Law as adopted by the elected members, is regulated by KCC’s own Community / Traffic Wardens.
“However, it is not possible for KCC’s Community / Traffic Warden to regulate these areas on a daily basis, due to the large areas within the county that they regulate.”
KCC also revealed that the roads and residential areas TIC by KCC which are outside the Parking Bye-Law areas, as adopted, can be regulated for all road traffic offences under the Road Traffic Regulations 1997, including but not limited to:
- Double / single yellow lines
- Blocking entrances
- Causing obstruction
- Parking in an accessible bay without a valid blue badge, non-display of current road tax etc (excluding pay and display if the area is outside a pay parking bye-law area or the bye-law is a maximum stay parking bye-law only, such as Clane, Sallins and Kilcock)
KCC further said that its Community / Traffic Wardens can only regulate illegal parking within a Parking Bye-Law time or from 9am to 5pm Monday to Friday.
“Outside these times is a matter for An Garda Síochána,” KCC added.
KCC continued: “A permit system can only be regulated under a Parking Bye-Law as it does not fall under the Road Traffic Regulations.
“For clarification, if a residential area wants to have the facility of purchasing a residential permit, the area must be included in a parking bye-law and a residential permit does not guarantee a parking space, i.e. a parking space is not designated or dedicated to any resident as a parking space cannot be reserved or classed as “residential only” on a public road.
“For the Road Traffic Regulations and Parking Bye-Laws to be regulated, the road must have the correct road markings and road sign (where applicable) under the Traffic Signs Manual issued by the Department of Transport.
“For road markings to be put in place outside of a Parking Bye-Law area, any member of the public can request their request to the Transportation Department.”
KCC concluded by emphasising: “Road markings cannot be added in an area where a parking byelaw currently exists, as a Parking Bye-Law cannot be amended without a full statutory public consultation.”
EXTRA QUESTIONS
Following on from the report, Cllr Balfe asked KCC two follow-up questions.
He asked KCC if there was a list of TIC estates within the MD to be included in the Parking Bye-Laws, and he also asked if there is a process in place for residents living in these estates to request parking controls in their estates?
A representative for KCC, who was also present at the meeting, replied: “Yes, for the first question.
“For the second question, they can issue submissions under the Bye-Laws,” they added.
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