parking in housing estate

[onq]

I think that Jane and shesells may both be right.

The law in this case should apply because it is a public road - why wouldn't a cul-de-sac be a public road?

However in this case unless the law is being broken there seems to be nothing anyone can do.

ONQ

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

 

[Jane Doe]

For road traffic act a housing estate is a public road asthe public, or some of them i.e residents and say anyone doing adelivery have access to it

i know of a case where ticket was issued by garda on a car with no insurance parked in a cul de sac in an estate

 

[shesells]

I think that Jane and shesells may both be right.

The law in this case should apply because it is a public road - why wouldn't a cul-de-sac be a public road?

it is a council estate but is not taken over by council yet and is ownd by developer as far as i know. Where they park is also blocking a fire hydrant, can the fire department put a sign or bollard there?

It's not a public road until the council take it in charge. In my estate roads are the responsibility of our management company as we have not been taken in charge.

 

[Jane Doe]

It's not a public road until the council take it in charge. In my estate roads are the responsibility of our management company as we have not been taken in charge.

incorrect the place i am talk ing has not been taken in charge by council either. the road traffic act applies anywhere the public, or a % of them, have access

 

[onq]

It's not a public road until the council take it in charge. In my estate roads are the responsibility of our management company as we have not been taken in charge.

I think you may be confusing the role of the Council with the operational remit of the Gardaí.
"Taking in charge" is a process that follows on from the successful completion of a development and means inter alia that the Council now maintains the roads.

This occurs around the same time as the paying back of developers bonds, providing that the development has been carried out to the satisfaction of the local authority.
This process can take up to seven years or more from the grant of permission, depending on the completion of the scheme and the financial health or otherwise of the Council.

During this time the roads on the estate come under the jurisdiction of the Gardaí as far as I know, or else we've have lawless estates all over the country waiting to be taken in charge.
To the best of my knowledge, this is not the case.

Again, and notwithstanding the above, unless the people who are parking the cars there can be shown to have acted unlawfully, there is little that can be done legally or by the Gardaí.
I find that a personal approach works best in such cases, particularly if it occurs before someone tries to involve the Gardaí - note what is said by all parties at the time for later reference.

ONQ.

 

[Guns N Roses]

For road traffic act a housing estate is a public road asthe public, or some of them i.e residents and say anyone doing adelivery have access to it

This is wrong. The Road Traffic Act 1961 defines a public road as a

" road the responsibility for the maintenance of which lies on a road authority;"

It has nothing got to do with access.

 

[Guns N Roses]

For road traffic act a housing estate is a public road asthe public, or some of them i.e residents and say anyone doing adelivery have access to it

However it defines a public place as "any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;"

As onq said, people are confusing Public Roads with Public Place.

 

[Jane Doe]

you seem to be contradicting yourself. public road or place the garda can enforce rta in an estate

 

[Guns N Roses]

you seem to be contradicting yourself. public road or place the garda can enforce rta in an estate

I'm not contradicting myself.

I'm just trying to make it clear that the Act makes a clear distinction between "Public Road" & "Public Place" and it would appear to that different parts of the Act apply to one or the other.

 

[onq]

Hey Guns N Roses,

Thanks for that comment - I hadn't known where to find it!

ONQ.

 

[Jane Doe]

I'm not contradicting myself.

I'm just trying to make it clear that the Act makes a clear distinction between "Public Road" & "Public Place" and it would appear to that different parts of the Act apply to one or the other.

either way a council estate that is not taken in charge by council is subject to the road traffic act