Laws on overnight parking

 
 
 
 
 
 
Spailpin Fanach
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Laws on overnight parking

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Posted: 30.09.2020  ·  #1
Hi

Just wondering exactly how the laws are on parking overnight in a campervan in Ireland. I thought that a vehicle is able to park anywhere so long as the paperwork is in order.

What would my rights be if I parked in a car park in, say Donegal, and some officious official, or even Garda officer, told me it was illegal to park. What might happen if I refused to leave.

It's not my nature to be contrary, most of the time, but its useful to have the proper information

Thanks


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Re: Laws on overnight parking

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Posted: 30.09.2020  ·  #2
Well you’re right to ask. I expect @baguette will be along soon to furnish you with the answer.

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Re: Laws on overnight parking

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Posted: 30.09.2020  ·  #3
It's not illegal to park unless it's illegal to park.

If the space you are in allows parking then you can park, however there may be by-laws in place that do not allow "over night parking" or "over night camping" - as you are not camping the latter doesn't apply to you. That then opens the question from the official "but you were sleeping therefore camping", untrue, you were parked and resting and how did he know you were sleeping if you answered the door? Also, what constitutes camping? There is no legislation in Ireland or Northern Ireland that covers that criteria, Colin (Baguette) will correct me if I am wrong about Ireland.

All a bit of confusion on officials side, if you're parked legally and obeying all rules of that particular area then that's good enough, no matter what said official might say.

I do not believe that anyone has ever been prosecuted in a motorhome for parking legally, or for that matter, I know of no one that has been prosecuted for parking in an area that has stipulated "no overnight parking".

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Re: Laws on overnight parking

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Posted: 30.09.2020  ·  #4
Quote by The Rambler

Well you’re right to ask. I expect @baguette will be along soon to furnish you with the answer.



Many thanks


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Re: Laws on overnight parking

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Posted: 30.09.2020  ·  #5
Quote by Ally

It's not illegal to park unless it's illegal to park.

If the space you are in allows parking then you can park, however there may be by-laws in place that do not allow "over night parking" or "over night camping" - as you are not camping the latter doesn't apply to you. That then opens the question from the official "but you were sleeping therefore camping", untrue, you were parked and resting and how did he know you were sleeping if you answered the door? Also, what constitutes camping? There is no legislation in Ireland or Northern Ireland that covers that criteria, Colin (Baguette) will correct me if I am wrong about Ireland.

All a bit of confusion on officials side, if you're parked legally and obeying all rules of that particular area then that's good enough, no matter what said official might say.

I do not believe that anyone has ever been prosecuted in a motorhome for parking legally, or for that matter, I know of no one that has been prosecuted for parking in an area that has stipulated "no overnight parking".




Many thanks. That's useful to know

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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #6
For reference, in Spain you can park where legal. If you put out chairs etc., you are camping.


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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #7
I dont agree, it is not illegal at all


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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #8
Quote by locuschird

I dont agree, it is not illegal at all


No one said it was? :/


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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #9
Parking in Ireland is governed by the Road Traffic Acts (1961-2019), as well as bye-laws enacted by local authorities.
The underpinning of any parking legislation must be a requirement to regulate parking activity which might interfere with the normal flow of traffic, or that obstructs or endangers others. It can also be used to restrict vehicle parking by reference to maximum weight (GVW).

The parking of a motorhome at a place where it is legal to park a vehicle is legal.
As with all law, parking law can only be enacted when it has been demonstrated it is required to control activity which can be detrimental to the local environment and or the public good/safety. This requirement protects people from those who govern who might be tempted to enact whimsical or malicious laws (unless one lives under a dictatorship regime)

Finally, The D.T.T.S Traffic Signs Manual says in paragraph 5.1.3
The following sections of this Chapter deal with the various types of regulatory sign and describe where they should be used. Detailed designs for the signs are provided on the Department of Transport, Tourism and Sport’s websites www.dttas.gov.ie and www.trafficsigns.ie. These signs are the only regulatory signs which shall be used. No other sizes, colours, symbols or text shall be used.
The Manual does not contain any sign or reference to a sign relating to motorhomes as a vehicle category or 'overnight' as a restricted time period.

For anyone interested in reading the actual manual CLICK HERE


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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #10
That's really clear, Baguette. Many thanks.


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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #11
So what’s the deal with parking on commonage? We spent the night parked on a well known beauty spot in connamara a while back. Ordinarily I would never have given much thought to what lands might comprise commonage and what that entails. But I did after that experience.

The following day, I was told in abrupt terms to move off and that I was trespassing, by a bloke wielding a stick and his sidekick. I and about 16 other vans, all parked peacefully. We were told we were on private property. There were no gates, fences or signs, just acres of grazing lands. Many of the other van owners had no intentions of moving off. The Gardai came and advised us all to leave. Many still had no intention of leaving and had the glass of wine in hand. Including one Hymer owner who told me that he has been coming to this spot for 15 years and has no intention of leaving.

I got word that the Gardai were coming back to move people on. Despite all the chat from the other van owners about commonage not being private property, and that the Gardai have no powers to move you, and this is a civil matter not a criminal one etc. etc. we decided to move on.


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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #12
Quote by The Rambler

So what’s the deal with parking on commonage? We spent the night parked on a well known beauty spot in connamara a while back. Ordinarily I would never have given much thought to what lands might comprise commonage and what that entails. But I did after that experience.

The following day, I was told in abrupt terms to move off and that I was trespassing, by a bloke wielding a stick and his sidekick. I and about 16 other vans, all parked peacefully. We were told we were on private property. There were no gates, fences or signs, just acres of grazing lands. Many of the other van owners had no intentions of moving off. The Gardai came and advised us all to leave. Many still had no intention of leaving and had the glass of wine in hand. Including one Hymer owner who told me that he has been coming to this spot for 15 years and has no intention of leaving.

I got word that the Gardai were coming back to move people on. Despite all the chat from the other van owners about commonage not being private property, and that the Gardai have no powers to move you, and this is a civil matter not a criminal one etc. etc. we decided to move on.


In Ireland, ALL land is in private ownership or is owned by The State.
Commonage is land which is in jointly owned by a number of people with specific shares in it, so it is not 'public' land.
Access to all land be it 'commonage' or otherwise in on the basis of permission, as are all private rights of way and this includes lands in State ownership like Coilte forest lands and trails.

There are two very different 'rights of way' in Ireland, public and private and they have very different meanings.
Of interest to us here, in relation to motorhome parking, is public rights of way, land on which the public have a right to travel on and not surprisingly these are generally our roads, which incidentally include such areas as public car parks.

So, to the issue experienced by The Rambler.
Given that the use of 'commonage' is permissive, those who have an ownership interest in the lands in question ultimately have the right to refuse that permission of access and ultimately can request law enforcement to enforce that right.

It all goes to reinforce that when we avail of permissive access to private lands to which we have no legal right of access we must be respectful of that access and the land we are using and not engage in any activity which the owner(s) may consider inappropriate.


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Re: Laws on overnight parking

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Posted: 01.10.2020  ·  #13
Thanks for the detailed response Colin. I think I might be left with more questions than answers. I might come back on this. 🤔


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Re: Laws on overnight parking

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Posted: 10.10.2020  ·  #14
From What i can see online most parking restrictions for campervans and motorhomes are restricted by local council bye laws (as mentioned above)

For example we park along the Shannon /Lough Derg mostly on the Tipperary side which is governed by Tipperary county council Nenagh municipal district amenity area bye-laws 2019.

Within this it outlines what constitutes 'Camping'
“Camping” – a vehicle is deemed to be camped when any of the following are
taking place:
 Stabilisers are deployed
 Awning/sunshade is deployed
 Cooking equipment is deployed (fires, barbecues, stoves, etc.
 Furniture (tables, chairs, etc) are deployed
 Washing is hung out
 Waste (solid or liquid) receptacles are deployed.

I carry a copy if ever challenged as there are some basic signage with just pictures that can be misconstrued by locals.
So in short parking at the likes of Garrykennedy, Terryglass and Balllina etc is allowed.

 

https://www.tipperarycoco.ie/s…dopted.pdf


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Re: Laws on overnight parking

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Posted: 11.10.2020  ·  #15
Quote by Welcome_28

From What i can see online most parking restrictions for campervans and motorhomes are restricted by local council bye laws (as mentioned above)

For example we park along the Shannon /Lough Derg mostly on the Tipperary side which is governed by Tipperary county council Nenagh municipal district amenity area bye-laws 2019.

Within this it outlines what constitutes 'Camping'
“Camping” – a vehicle is deemed to be camped when any of the following are
taking place:
 Stabilisers are deployed
 Awning/sunshade is deployed
 Cooking equipment is deployed (fires, barbecues, stoves, etc.
 Furniture (tables, chairs, etc) are deployed
 Washing is hung out
 Waste (solid or liquid) receptacles are deployed.

I carry a copy if ever challenged as there are some basic signage with just pictures that can be misconstrued by locals.
So in short parking at the likes of Garrykennedy, Terryglass and Balllina etc is allowed.

 

https://www.tipperarycoco.ie/s…dopted.pdf


Tipperary County Council seem to have cut and pasted straight from HERE :-) :-)
Hopefully, other councils will follow, Galway are you listening !!


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Re: Laws on overnight parking

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Posted: 02.12.2022  ·  #16
 


This is not to do with overnight parking but is still on topic. So what do you all make of this picture I took in Salthill yesterday? Now I am not referring to the dubious attempt to dissuade motorhome parking. I am taking about the upper sign which indicates a bus-only parking zone. I don't see such a sign in the manual. The only legal restrictions on parking by vehicle type that I can see in the manual, are to do with vehicle weight, or restrictions on vehicles not being taxis, or for disabled.

I first notice these signs going up a couple of months back. They are routinely ignored and I myself paid about as much concern for them as I did the fanciful motorhome signs below. Nonetheless I am now the beneficiary of a Galway City Council parking fine for having parked my car in said 'bus' bay for a short period of time.


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Re: Laws on overnight parking

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Posted: 02.12.2022  ·  #17
Quote by The Rambler

 


This is not to do with overnight parking but is still on topic. So what do you all make of this picture I took in Salthill yesterday? Now I am not referring to the dubious attempt to dissuade motorhome parking. I am taking about the upper sign which indicates a bus-only parking zone. I don't see such a sign in the manual. The only legal restrictions on parking by vehicle type that I can see in the manual, are to do with vehicle weight, or restrictions on vehicles not being taxis, or for disabled.

I first notice these signs going up a couple of months back. They are routinely ignored and I myself paid about as much concern for them as I did the fanciful motorhome signs below. Nonetheless I am now the beneficiary of a Galway City Council parking fine for having parked my car in said 'bus' bay for a short period of time.


The top sign is simply an information sign about where parking is available for busses, just like this sign, in Midleton, which similarly indicates where parking is available for motorhomes.
 


As regards the bottom sign, well, it's just BS


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Re: Laws on overnight parking

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Posted: 02.12.2022  ·  #18
At the bus parking,is there any signs indicating buses only or similar?
I'd ignore the ticket and see what happens, I suspect nothing will come of it


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Re: Laws on overnight parking

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Posted: 02.12.2022  ·  #19
Not advisable to ignore Council fines. Private ones yes.


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Re: Laws on overnight parking

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Posted: 02.12.2022  ·  #20
There is also a sign restricting vehicles over 3,5000 kg which seems to fly in the face of bus parking, but that is not my concern here.

So the fine states:

"Parking a vehicle wholly or partly within roadway markings at an omnibus stopping place/stand contrary Article 36(2)(l) of the Road Traffic (Traffic and Parking) Regulations, 1997"


The act:

(2) A vehicle shall not be parked—

( l ) where traffic sign RUS 031 [bus stop] or RRM 030 [stopping place or stand] has been provided unless the vehicle is an omnibus.


And referring to the regulatory signs handbook, sign RUS 031 is:

 


Yes I did see those signs there. So I guess they're covered. Those signs are spread down the entire road opposite Leisure Land side entrance. I don't think I can contest this one unfortunately.

You won't see them ticketing the cousins when they turn up eh.

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Re: Laws on overnight parking

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Posted: 02.12.2022  ·  #21
Quote by eirebus

At the bus parking,is there any signs indicating buses only or similar?
I'd ignore the ticket and see what happens, I suspect nothing will come of it


I see there were proper signs, so ignore this advice, I got a ticket before for parking on a single yellow line but the sign had no restricted times on it so I ignored the ticket and never heard another word, so it's all in the signs and how legal they are

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Re: Laws on overnight parking

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Posted: 02.12.2022  ·  #22
You're goosed all right, can't park in designed bus stop.
'those signs are spread down the entire road', I wonder is that a new ploy to stop us from parking there as the previous attempts were without any enforceable law behind them.
It will be interesting to see how the area designated for bus parking relates to the demand by bus operators.

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Re: Laws on overnight parking

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Posted: 04.12.2022  ·  #23
Motorways often have signs like “Tiredness kills…stop for a rest”.
So how long can you pull into a lay-by (they can have signs for no overnight parking)
or if weather is really bad.
,


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Re: Laws on overnight parking

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Posted: 04.12.2022  ·  #24
Quote by R&N

Motorways often have signs like “Tiredness kills…stop for a rest”.
So how long can you pull into a lay-by (they can have signs for no overnight parking)
or if weather is really bad.
,


UK services are 2hrs then they charge, unsure on Ireland services


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Re: Laws on overnight parking

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Posted: 04.12.2022  ·  #25
The title of this thread is a bit of a misnomer.
There are no laws regarding 'overnight' parking.
Time bound parking or no parking periods shall only be expressed using the twenty four hour clock. And that's the law.

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