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14 1993

ROADS ACT, 1993

PART I

Preliminary and General

Short title.

1. —This Act may be cited as the Roads Act, 1993.

Interpretation.

2. —(1) In this Act, except where the context otherwise requires—

the Act of 1925” means the Local Government Act, 1925 ;

the Act of 1946” means the Local Government Act, 1946 ;

the Act of 1955” means the Local Government Act, 1955 ;

the Act of 1961” means the Road Traffic Act, 1961 ;

the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ;

the Act of 1974” means the Local Government (Roads and Motorways) Act, 1974 ;

the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ;

the Act of 1979” means the Local Government (Toll Roads) Act, 1979 ;

the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ;

the Act of 1990” means the Local Government (Planning and Development) Act, 1990 ;

the Authority” means the National Roads Authority established under section 16 ;

busway” has the meaning assigned to it by section 44 ;

busway scheme” means a scheme in respect of a busway made by a road authority under section 47 ;

the Commissioner” means the Commissioner of the Garda Síochána;

consent” means consent in writing;

contravention” includes failure to comply;

development” has the meaning assigned to it by the Act of 1963;

development plan” has the same meaning as in the Local Government (Planning and Development) Acts, 1963 to 1990;

footpath” means a road over which there is a public right of way for pedestrians only, not being a footway;

footway” means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;

functions” includes powers and duties and references to the performance of functions includes references to the performance of powers and duties;

land” has the meaning assigned to it by the Act of 1963;

local authority” means—

(a) the council of a county,

(b) the corporation of a county or other borough, or

(c) the council of an urban district;

local road” means a public road other than a national road or a regional road;

maintenance” in relation to public roads includes improvement and management;

the Minister” means the Minister for the Environment;

motorway” has the meaning assigned to it by section 43 ;

motorway scheme” means a scheme in respect of a motorway made by a road authority under section 47 ;

national road” means a public road or a proposed public road which is classified as a national road under section 10 ;

owner” when used in relation to any thing which is the subject of a hire-purchase or leasing agreement includes the person in possession of that thing under the agreement;

pedal cycle” and “pedal cyclist” have the meanings respectively assigned to them by the Act of 1961;

planning authority” has the meaning assigned to it by the Act of 1963;

planning permission” means a permission under Part IV of the Act of 1963;

proposed road development” means any proposed road development in respect of which an environmental impact statement is required to be prepared under section 50 ;

protected road” has the meaning assigned to it by section 45 ;

protected road scheme” means a scheme in respect of a protected road made by a road authority under section 47 ;

public authority” means—

(a) a Minister of the Government,

(b) a board or other body established by or under statute,

(c) a local authority;

public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

regional road” means a public road or a proposed public road which is classified as a regional road under section 10 ;

reserved function” means—

(a) in the case of the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1991, a reserved function for the purposes of those Acts,

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

road” includes—

(a) any street, lane, footpath, square, court, alley or passage,

(b) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, carriageway (whether single or multiple), pavement or footway,

(c) any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gulley, railing, fence, wall, barrier, guardrail, margin, kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and

(d) any other structure or thing forming part of the road and—

(i) necessary for the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or

(ii) prescribed by the Minister;

road authority”, except in Part V , means the council of a county, the corporation of a county or other borough, or the council of an urban district;

roadway” means that portion of a road which is provided primarily for the use of vehicles;

special amenity area order” means an order confirmed by the Minister under section 43 of the Act of 1963;

State authority” means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland;

statutory undertaker” has the meaning assigned to it by the Act of 1963;

structure” has the meaning assigned to it by the Act of 1963;

superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

traffic sign” has the meaning assigned to it by section 95 of the Act of 1961.

(2) Except where the context otherwise requires, a reference in any enactment or instrument to a public road, a road or a road authority shall be deemed to be a reference to a public road, a road or a road authority as defined in this Act.

(3) Nothing in this Act affects any existing rule of law in relation to the liability of a road authority for failure to maintain a public road.

(4) The maintenance of a public road includes the provision and maintenance of public lighting.

(5) In this Act a reference to a Part, section or Schedule is to a Part or section of, or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.

(6) In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(7) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

Commencement.

3. —This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Repeals.

4. —(1) The enactments mentioned in the First Schedule are hereby repealed to the extent mentioned in the third column of that Schedule.

(2) The provisions of this Act shall have effect notwithstanding the provisions of any enactment enacted before the passing of this Act and any such enactment shall stand repealed to the extent that it is inconsistent with any provision of this Act.

Savers.

5. —(1) (a) Notwithstanding section 4 , orders made under section 2 (1) of the Act of 1974 that were in force immediately before the commencement of section 10 , shall continue in force and shall be deemed to have been made under section 10 (1) (a).

(b) Notwithstanding section 4 , orders made under section 2 (2) and (2A) of the Act of 1974 shall continue in force as if motorway or busway schemes in respect of the motorways or busways specified in those orders had been approved by the Minister under section 49 .

(2) (a) Notwithstanding section 4 , any scheme approved (with or without modifications) by the Minister under section 4 of the Act of 1974 shall continue in force and shall be deemed to be a scheme approved under section 49 .

(b) Notwithstanding section 4 , any scheme made by a road authority under section 4 of the Act of 1974 but not approved by the Minister before the repeal of section 4 of the Act of 1974 by section 4 of this Act shall be deemed to be a scheme made under section 47 .

(3) Notwithstanding section 4 , regulations made under the Act of 1974 shall continue in force and shall be deemed to be regulations made under section 7 .

Minor and consequential amendments.

6. —Each enactment mentioned in the Second Schedule is hereby amended in the manner stated in the third column of that Schedule.

Regulations.

7. —(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matters referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.

(2) Every regulation made under this Act, other than a regulation under section 10 or 17 , shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) Where it is proposed to make regulations under section 10 or 17 , a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Revocation and amendment of orders and directions.

8. —(1) The Minister may by order revoke or amend any order made by him under any provision of this Act, other than section 3 .

(2) The Minister or the Authority may by direction revoke or amend any direction given by him or it under this Act.

(3) Orders made under section 12 , 49 , 51 , 58 , 60 , 61 or 73 of this Act shall be exempted from the provisions of section 3 (1) of the Statutory Instruments Act, 1947 .

(4) Where an order referred to in subsection (3) has been made, the road authority concerned shall, as soon as may be, give notice thereof to its members.

References to road classifications in previous enactments.

9. —(1) The Minister may by order adapt any enactment or instrument by deleting any reference to a main road, a county road, an urban road, a trunk road or a link road and substituting therefor a reference to a national road, a regional road or a local road as he sees fit.

(2) A reference in any enactment or instrument to a national road shall be deemed to be a reference to a national road as defined in this Act.