Long read: Minister Eamon Ryan and his Department will not say what prompted him to grant An Post a wide-ranging and apparently unfettered exemption from parking and other traffic rules.
The new rules give drivers of An Post vans and trucks an exemption previously only afforded to a limited set of vehicles, including those dealing with breakdowns, road maintenance trucks and vans, and vehicles used by the emergency services.
There is a worry that the move will embolden An Post drivers who block footpaths and cycle paths, often to avoid slightly inconveniencing themselves or other motorists.
It is also feared that the situation is worsening as An Post moves away from bicycles to vans on many of its rounds to accommodate more parcels and boxes, linked to the increase in deliveries from online shops.
There are clear examples where people who are posting images online of An Post vans dangerously parked also outline that it does not only include the classic case of a postman hoping in and out of the van but rather them abandoning their van for a longer time frame, including for ten minutes or more.
In most cases, it includes parking on footpaths and cycle paths, but in a small number of examples it also includes driving along footpaths.
A Twitter search of people posting images of footpaths and cycle lanes blocked by An Post vans found that there are recurring issues with An Post drivers parking in ways that block footpaths and cycle lanes, including where such parking forces wheelchair users, children, and elderly people out onto the road.
There are also examples of An Post vans parking on pedestrian crossings, at dropped kerbs and in disabled parking bays.
The legal change made by Minister Ryan was via secondary legislation, the Road Traffic (Traffic and Parking) Regulations 2024, which he signed in May. The regulations also included new e-scooter rules.
The regulation’s explanatory note outlines that this provides “for certain exemptions from the regulations for An Post vehicles in connection with the provision of postal services”. As with most road traffic law, the regulations link back to previous laws which have been amended a number of times.
The Traffic and Parking Regulations are linked back to a version from the 1990s, which outline that the exemption means that “a prohibition on the entry of a vehicle to a road or main area or the prohibition on the stopping or parking of a vehicle imposed by these Regulations shall not apply to” the listed types vehicles.
The Traffic and Parking Regulations cover parking on footpaths, cycle tracks, bus lanes, and a wide range of other manoeuvres and stopping, including stopping in clearways.
Angus Laverty, a spokesperson for An Post, said: “An Post did not seek any such exemption or amendment. However we do welcome clarity around the position of An Post drivers and vehicles in carrying out their regular duties across the country.”
IrishCycle.com asked the Department of Transport to clarify why An Post was given such an exemption if it did not seek it. A Department of Transport said: “We don’t have anything further to add to our previous statement on this.”
The same response was also given to a question asking if the Department consulted with anybody besides the Gardaí on the issue and if consideration was given by the Department or the Minister on how the exemption might impact the Department’s goal of encouraging people, including school children, to walk and cycle.
The question was prefaced with a reminder that a parliamentary question by TD Marc Ó Cathasaigh, a Green Party TD for Waterford, found that “Just five motorists have been fined by gardaí for driving in cycle lanes in a four-year period”, as was reported in The Irish Times.
A spokesperson for the Department of Transport said: “An Post staff are required to stop or briefly park in restricted areas in the course of their duties, in order to provide essential postal services.”
“This regulatory amendment simply provides a firm legal basis for this. In drafting the amendment, the Department sought the views of Garda Síochána, who confirmed that the statutory exemption did not pose a threat to the safety of other road users,” the spokesperson said.”
IrishCycle.com also asked a follow-up question after An Post indicated it has no new guidelines in place for how to operate its drivers’ new legal freedom to park where they want.
This website asked if the Department had looked at providing guidelines similar to those put in place for road construction works after deaths occurred around road works. Some of these guidelines were only put in place after years of deaths and after campaigning by family members of people who died at roadworks sites.
The Department of Transport spokesperson added: “Our previous response on this still stands.”
Laverty, a spokesperson for An Post, said: “In the context of a road fleet of some 3,600 mail delivery and collection vehicles including bikes, trikes and EVs servicing more than 2.8 million address points across the country An Post would reject the phrase ‘a large number’. Yes isolated incidents certainly occur which we both regret and work hard to avoid.”
Asked, in the context of An Post switching to using fewer bicycles and more vans, what is the company going to do to avoid having its drivers unnecessarily block cycle paths and footpaths even if it legally can, Laverty said: “An Post delivery and collection staff are instructed to at all times obey the rules of the road and to take proper cognisance of other road users particularly pedestrians and cyclists. An Post accepts that from time to time incidents will occur and these are regretted and should be avoided.”
He said: “Our regular training for drivers will continue to stress the need for, save driving, full compliance with the road safety acts and due care and attention to fellow road users.”
Peter Collins, a spokesperson for I Bike Dublin, a campaign group which has focused on keeping cycle lanes unblocked, said: “They should not prioritise the convenience of the postal worker over the convenience and safety of vulnerable road users.”
The group said other solutions such as the use of use cargo bikes for parcel delivery should be looked at where vans are unsuitable because they would block footpaths and cycle lanes.
“An Garda Síochána are in no position to declare this not a threat as their record is far from exemplary where they often abuse the same ‘privilege’ for convenience rather than for having a real need park where they often do on pavements and cycle tracks which caused unnecessary danger and obstruction for more vulnerable road and footway users,” he said.
Collins said: “This is disappointing and borderline irresponsible. It shows a clear lack of understanding of the risks faced by people travelling by bike or other micromobility devices. Letters can continue to be delivered by bike. It is the growth in parcel deliveries that forces An Post to use vans. An Post vans should be subject to the same laws as all parcel delivery services.”
He added: “An Post has said that they are now effectively a parcel service rather than letter delivery. As such, this would be An Post an unfair advantage over other parcel services, from DHL to Amazon. If the next step is to formalise this ‘free for all’, this becomes a serious threat to the safety of active travellers. It will only encourage the other courier delivery drivers to follow suite.”
IrishCycle.com asked the Department about any assessment of this under competition law, especially since An Post has said that it sees itself as nearly more of a parcel delivery service, and, in any case, it is competing against other companies that also deliver packages.
A Department spokesperson said: “An Post is a statutory body providing an essential service, and as such is distinct from private delivery services and require access to residences and business on a daily basis.”
A spokesperson said: “The Department does not consider it necessary that this amendment be assessed under competition law. Unlike commercial delivery companies operating in Ireland, An Post is a state-owned body carrying out essential public services, as set out in the Communications Regulation (Postal Services) Act 2001, and encompassing both the collection and the delivery of post. The Department considers it appropriate, therefore, that road traffic legislation be amended to facilitate this body in the performance of its statutory functions.”
Laverty, a spokesperson for An Post said: “An Post’s work is not just about deliveries, uniquely and on a daily basis An Post collects mail from some 5,000 road and kerbside post boxes and more than 900 post offices throughout the country.
I found that the large delivery trikes used by an post blocked cycle lanes more as they would stop every few meters to deliver yes vans should park properly and not on paths or cycle lanes but all the large courier bikes are parking and blocking cycle lanes bike parking facilities and paghs daily its not new and is unregulated