Breakdown / Mechanical Failure Exemption
Article 5(2)(d) of S.I. 182/1997 exempts a damaged or broken-down vehicle from the parking prohibitions for the period necessary to effect repairs or remove it. Article 5(1) covers obstruction/emergency situations outside the driver's control.
Legal basis
Road Traffic (Traffic and Parking) Regulations 1997 (SI 182/1997), article 5 AS SUBSTITUTED by article 5 of the Road Traffic (Traffic and Parking) (Amendment) Regulations 1998 (S.I. No. 274 of 1998), sub-article (3)(g): the prohibition on the entry, stopping or parking of a vehicle imposed by the Regulations does not apply to "a vehicle which has been damaged or has broken down, during the period necessary to effect repairs to the vehicle or remove it from the location". Article 5(1), also as substituted, provides that the Regulations apply "save where compliance is not possible as a result of an obstruction to traffic or pedestrians or because of an emergency situation confronting a road user which could not reasonably have been expected or anticipated". NOTE ON VERSIONS: in the 1997 text as made, the breakdown exemption was article 5(2)(d). The 1998 Regulations substituted article 5 in full and renumbered it, so the current reference is 5(3)(g); S.I. No. 222 of 2024 later added a further exemption at 5(3)(h). The Irish Statute Book publishes as made and does not consolidate, so the 1997 page alone is not the current law.
How to identify this in your case
Genuine mechanical failure (flat tyre, dead battery, engine fault). Evidence: AA/RAC call-out invoice, photographs, garage receipt.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
To: [Issuing Authority] Re: FCN [NUMBER] The vehicle had broken down at the time of the alleged offence and could not be moved. Details: - Fault: [e.g. flat tyre, alternator failure] - Time of breakdown: [TIME] - Recovery: [AA / RAC / GARAGE], called [TIME], attended [TIME] - Evidence enclosed: breakdown report, repair invoice, photographs Article 5(2)(d) of S.I. 182/1997 expressly disapplies the parking prohibitions in Article 36 to a vehicle that has broken down, for the period necessary to effect repairs or removal. Cancel the FCN. Yours faithfully, [NAME]
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