proceduralIreland · Republic of IrelandDifficulty: easy
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 (S.I. 182/1997) Art. 5(1) and 5(2)(d).
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
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]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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