SEE HERE
So we can't park overnight in Galway because The placing, erection or retention of a temporary dwelling on the roads proscribed under the bye-laws is prohibited
All legislation which prohibits the placing, erection bla bla bla of temporary dwellings is there for a reason. The reason is to do with planning controls and the protection of the environment from ill effects of such unauthorised developments.
Example Section 31 of the Local Government (Sanitary Services) Act, 1948 which is often quoted as being behind Bye-laws enacted to prevent motorhomes from parking as for example Galway City Council Parking Control Bye-Laws 2009 is there for PUBLIC HEALTH REASONS.
What has never been asked or explained is what is the reason for the parking ban,what is happening which requires an Act which concerns itself with Sanitary Services to be invoked.
All laws enacted must pass the test of being required to address some Mischief or some Defect in existing legislation.
When one looks at two vehicles parked and one is a motorhome unless the court can be satisfied the motorhome is causing a Mischief, causing to take place something which Section 31 of the Local Government (Sanitary Services) Act, 1948 seeks to address there can be no case to answer.
Lets look at Section 69 of Roads Act, 1993 in which is said "any person who without lawful authority erects, places or retains a temporary dwelling on a national road, motorway, busway or protected road shall be guilty of an offence". If the above is taken to include motor caravans then it illegal to actually use them at all, which is a nonsense. The Act clearly was not written to prevent the parking of motor caravans at the places where vehicle parking is permitted.
As one studies the various pieces of legislation which contain prohibitions on 'Temporary Dwellings' it is clear that they concern themselves with matters of sanitation, unauthorised development or misuse of a public place with detrimental effect on public or traffic safety.
While a motor caravan and for example an HGV with a sleeper cab can both defined as a 'temporary dwelling' they are both also a 'motor vehicle'.
A motor caravan is primarily in law a motor vehicle and is subject to traffic law (try telling a copper it is your dwelling if found drunk in charge)
FWIW, it's my opinion that once a motorhome is parked in a manner as is permitted for other vehicles of the same category (M or M1) the above regulations cannot be applied nor can any bye-laws which draw on them.
And, it is an acceptance of this proposition which was behind the amendment to The Waterford Beach Bye-laws 2015 which took out ban on motor caravan parking.
So, lets put finger to button or pen to paper and start an email or letter writing campaign to all the councillors and officials of Galway city and county asking them to explain in plain language the reason why the bye-laws directed specifically at motor caravans are needed and what Mischief they are addressing.
You might ask 'why Galway'. I say why not, they have put themselves in the firing line.
Remember, "because there are caravanning and camping parks available" is not a valid reason.
So we can't park overnight in Galway because The placing, erection or retention of a temporary dwelling on the roads proscribed under the bye-laws is prohibited
All legislation which prohibits the placing, erection bla bla bla of temporary dwellings is there for a reason. The reason is to do with planning controls and the protection of the environment from ill effects of such unauthorised developments.
Example Section 31 of the Local Government (Sanitary Services) Act, 1948 which is often quoted as being behind Bye-laws enacted to prevent motorhomes from parking as for example Galway City Council Parking Control Bye-Laws 2009 is there for PUBLIC HEALTH REASONS.
What has never been asked or explained is what is the reason for the parking ban,what is happening which requires an Act which concerns itself with Sanitary Services to be invoked.
All laws enacted must pass the test of being required to address some Mischief or some Defect in existing legislation.
When one looks at two vehicles parked and one is a motorhome unless the court can be satisfied the motorhome is causing a Mischief, causing to take place something which Section 31 of the Local Government (Sanitary Services) Act, 1948 seeks to address there can be no case to answer.
Lets look at Section 69 of Roads Act, 1993 in which is said "any person who without lawful authority erects, places or retains a temporary dwelling on a national road, motorway, busway or protected road shall be guilty of an offence". If the above is taken to include motor caravans then it illegal to actually use them at all, which is a nonsense. The Act clearly was not written to prevent the parking of motor caravans at the places where vehicle parking is permitted.
As one studies the various pieces of legislation which contain prohibitions on 'Temporary Dwellings' it is clear that they concern themselves with matters of sanitation, unauthorised development or misuse of a public place with detrimental effect on public or traffic safety.
While a motor caravan and for example an HGV with a sleeper cab can both defined as a 'temporary dwelling' they are both also a 'motor vehicle'.
A motor caravan is primarily in law a motor vehicle and is subject to traffic law (try telling a copper it is your dwelling if found drunk in charge)
FWIW, it's my opinion that once a motorhome is parked in a manner as is permitted for other vehicles of the same category (M or M1) the above regulations cannot be applied nor can any bye-laws which draw on them.
And, it is an acceptance of this proposition which was behind the amendment to The Waterford Beach Bye-laws 2015 which took out ban on motor caravan parking.
So, lets put finger to button or pen to paper and start an email or letter writing campaign to all the councillors and officials of Galway city and county asking them to explain in plain language the reason why the bye-laws directed specifically at motor caravans are needed and what Mischief they are addressing.
You might ask 'why Galway'. I say why not, they have put themselves in the firing line.
Remember, "because there are caravanning and camping parks available" is not a valid reason.
