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14 1993

ROADS ACT, 1993

PART II

Classification of Roads and Assignment of Functions

Classification of national, regional and local roads.

10. —(1) (a) The Minister may by order classify any existing public road or any proposed public road as a national road.

(b) The Minister may by order classify any existing public road or any proposed public road as a regional road.

(c) A public road, other than a national road or a regional road, shall be a local road.

(d) Where a public road has been classified as a national road or a regional road under this subsection and where that road has been realigned or a by-pass has been constructed on it, such realignment or by-pass shall, unless otherwise provided by order of the Minister under this subsection, be a national road or a regional road, as the case may be, and that section of the existing road which remains following the realignment or the construction of the by-pass shall be a local road.

(2) (a) The Minister may make regulations—

(i) prescribing classes of public roads in addition to or in substitution for the classes referred to in subsection (1), and

(ii) making provision for the assignment of responsibility for the maintenance and construction of such classes of public roads and for the adaptation for that purpose of any of the provisions of section 13

(b) Regulations under this subsection may provide either generally or in a particular case that a reference in any enactment (including this Act) or instrument to a national road, a regional road or a local road is to be construed as a reference to a public road of a class prescribed in such regulations.

(3) (a) The Minister (in the case of national roads and regional roads) and a road authority (in the case of local roads) may by order—

(i) designate particular roads for particular purposes,

(ii) divide a particular class of roads into subclasses.

(b) Where the Authority stands established under section 16 the Minister shall consult with it before classifying a public road or a proposed public road as a national road under subsection (1) (a) or before making an order under paragraph (a) of this subsection relating to a national road.

(4) (a) The Minister shall assign a number or other identifying mark to each national road and regional road.

(b) A road authority shall assign a number or other identifying mark to each local road in respect of which it has responsibility.

(5) (a) A road authority shall keep a schedule and map of all public roads in respect of which it has responsibility.

(b) A road authority shall prepare the schedule and map as soon as practicable after the commencement of this section and shall take all reasonable measures to keep the schedule and map up to date.

(c) The schedule and map shall be kept at the offices of the road authority and shall be available for inspection during office hours.

(d) The schedule and map may be kept otherwise than in a legible form provided that the information contained therein is capable of being reproduced in a legible form.

(e) Articles 85, 86 and 87 of the Public Bodies Order, 1946 are hereby revoked.

(6) A road authority shall, at the request of the Minister and in such manner as may be specified by him, carry out an inventory of all public roads, or of any class or subclass of public road, in respect of which it has responsibility.

Declaration of public roads.

11. —(1) (a) A road authority may, by order, declare any road over which a public right of way exists to be a public road, and every such road shall be deemed to be a public road and responsibility for its maintenance shall lie on the road authority.

(b) Where a road authority proposes to declare a road to be a public road it shall—

(i) satisfy itself that the road is of general public utility,

(ii) consider the financial implications for the authority of the proposed declaration,

(iii) publish in one or more newspapers circulating in the area where the road which it is proposed to declare to be a public road is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such declaration before a specified date (which shall be not less than two weeks after the end of the period for inspection),

(iv) consider any objections or representations made to it under paragraph (iii) and not withdrawn.

(2) The consideration of objections or representations and the making of an order under subsection (1) shall be reserved functions.

(3) The Minister may prescribe criteria for the declaration of roads to be public roads and a road authority shall comply with any such prescribed criteria when exercising its functions under this section.

(4) Every national road, regional road, motorway, busway and protected road shall be a public road and it shall not be necessary for a road authority to make an order under subsection (1) in relation to any such road.

(5) A certificate of a road authority that a road is a public road shall be prima facie evidence thereof.

(6) Every road which, immediately before the repeal of an enactment by this Act, was a public road shall be a public road.

(7) Any road constructed or otherwise provided by a road authority after the commencement of this section shall, unless otherwise decided by such road authority, be a public road and it shall not be necessary for the authority to make an order under subsection (1) in relation to any such road.

Abandonment of public roads.

12. —(1) Save as is provided for in section 73 , a road authority shall not abandon a public road except in accordance with the provisions of this section.

(2) Where a road authority proposes to abandon a public road it shall—

(a) publish in one or more newspapers circulating in the area where the public road proposed to be abandoned is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such public road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such proposal before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the road authority for that purpose,

(b) affix a copy of such notice in a prominent position at each end of the public road proposed to be abandoned and leave it in place for a period or periods which shall in aggregate be not less than fourteen days,

(c) consider any objections or representations made to it under paragraph (a) and not withdrawn,

(d) if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the road authority and consider the report and any recommendation of the person so appointed.

(3) (a) A road authority may make an order abandoning the public road specified in the notice published under subsection (2) (a), or a part thereof.

(b) A road authority shall not make an order under paragraph (a) until it has complied with subsection (2).

(4) (a) An order made under subsection (3) relating to a national road or a regional road shall have no effect unless and until the Minister approves the order.

(b) The Minister may, by order, approve the order with or without modifications or he may refuse to approve the order.

(c) The Minister shall consult with the Authority before making an order under this subsection relating to a national road.

(5) (a) A road authority shall no longer be responsible for the maintenance—

(i) of a local road — from the date on which the order abandoning it is made by the road authority,

(ii) of a national road or a regional road — from the date on which the Minister approves with or without modifications the order abandoning it.

(b) The abandonment of a public road shall not affect any public right of way over such road and a road authority shall not do anything to interfere with such right of way save as is provided for in law.

(6) A road authority shall as soon as may be after a public road has been abandoned publish notice of such abandonment in the newspaper or newspapers in which notice of the proposed abandonment was published under subsection (2) (a) and shall notify in writing any person who made written objections or representations to it in relation to such abandonment.

(7) The consideration of objections or representations and the report and any recommendations of a person appointed under subsection (2) and the making of an order under subsection (3) shall be reserved functions.

(8) A person who, without lawful authority, removes, or who defaces or damages a notice erected under subsection (2) (b) shall be guilty of an offence.

(9) Where, before the repeal of section 26 of the Act of 1925 by section 4 , an application has been made to the Minister under the said section 26 for an order abandoning a public road and such application has not been determined by the Minister or withdrawn, the application shall continue to be dealt with and determined as if the said section 26 had not been repealed.

(10) (a) The Minister may make regulations for the purposes of this section.

(b) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), specify criteria for the abandonment of public roads and a road authority shall comply with any such specified criteria when exercising its functions under this section.

Responsibility of road authorities for the maintenance and construction of public roads.

13. —(1) Subject to Part III , the maintenance and construction of all national and regional roads in an administrative county shall be a function of the council or county borough corporation of that county.

(2) It shall be a function of the council of a county, the corporation of a county or other borough or the council of an urban district to maintain and construct all local roads—

(a) in the case of the council of a county — in its administrative county, excluding any borough or urban district,

(b) in the case of any other local authority — in its administrative area.

(3) The local authorities referred to in subsections (1) and (2) shall be road authorities for the purposes of the roads referred to in those subsections and shall, subject to Part III and in respect of those roads, perform all the functions assigned to road authorities by or under any enactment (including this Act) or instrument.

(4) The expenses of the council of a county in respect of its functions under subsection (2) shall be charged on the county exclusive of any borough or urban district.

(5) In the performance of their functions under subsections (1) and (2), a road authority shall consider the needs of all road users.

(6) (a) A person or group of persons may, with the consent of a road authority, carry out maintenance works on a local road.

(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions and requirements as it thinks fit.

(c) Where a road authority gives its consent under paragraph (a) and the works have been carried out in a bona fide manner and in accordance with every condition, restriction or requirement specified under paragraph (b)

(i) the works shall be deemed to have been carried out by the road authority, and

(ii) the person or group (and each member thereof) who carried out the works shall be indemnified by the road authority against all actions and claims howsoever arising in respect of the works and the carrying out of works.

(d) A road authority may provide materials, plant, equipment and the services of its staff to a person or group carrying out works under this subsection.

(7) A road authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions under this Act or otherwise in relation to public roads or are ancillary thereto.

(8) Without prejudice to the generality of subsection (7) and save as otherwise provided by law, a road authority may—

(a) provide any amenity, structure or thing for the safety or convenience of road users,

(b) undertake landscaping, planting or any similar activity in the interests of amenity and the environment,

(c) provide artistic features.

(9) Notwithstanding the definition of “road” in section 2 , nothing in this Act shall be construed as imposing on a road authority any liability, duty or obligation to—

(a) construct or maintain fences or retaining walls adjoining a public road which are the responsibility of any other person and which do not form part of the road, or

(b) construct or maintain any bridges, tunnels, railway crossings or any other structure which by virtue of any enactment are the responsibility of a railway company or other person.

(10) (a) A person who, without lawful authority or the consent of a road authority—

(i) defaces a public road by writing or by any other means,

(ii) damages a public road,

(iii) excavates a public road,

(iv) (I) places or deposits any material or thing on a public road,

(II) permits dung or urine from an animal owned by him or any material or thing which falls from a vehicle owned or used by him, to be left on a public road, or

(III) does any other thing,

such that the material, thing, dung or urine or the doing of such other thing is a hazard or potential hazard to persons using a public road or obstructs or interferes with the safe use of a public road or the maintenance of a public road,shall be guilty of an offence.

(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.

(c) Where a person does anything in contravention of paragraph (a), a road authority may remove any defacement, repair any damage, fill in any excavation, remove any material, thing, dung or urine or remove or reduce any hazard, potential hazard, obstruction or interference and may recover from such person, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.

Agreements and arrangements between road authorities.

14. —(1) (a) Whenever it appears to the Authority that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of the functions of those authorities relating to national roads the Authority may request the road authorities to enter into an agreement in accordance with such terms and conditions as the Authority may specify.

(b) Where any road authority concerned refuses or fails to comply with a request under paragraph (a), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into an agreement in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.

(c) An agreement entered into under this subsection shall not be revoked save with the consent of the Authority.

(2) An agreement under section 59 of the Act of 1955 which provides for the exercise or performance of any function by one road authority for another road authority may contain terms as to—

(a) the vesting of the function in the first-named authority to such extent and for such period as may be specified in the agreement, and

(b) the making of payments or the transfer of financial responsibility,

and may provide for an area of charge other than the area of charge specified in section 10 of the Act of 1946.

(3) (a) Two or more road authorities may make arrangements for the joint discharge of any of their functions.

(b) Whenever it appears to the Authority that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to national roads the Authority may request the road authorities to enter into arrangements in accordance with such terms and conditions as the Authority may specify.

(c) Where any road authority concerned refuses or fails to comply with a request under paragraph (b), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into arrangements in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.

(d) An arrangement entered into under paragraph (b) or (c) shall not be revoked save with the consent of the Authority.

(4) An agreement under section 59 of the Act of 1955 or arrangements under subsection (3) may relate to all or part of the area of a road authority.

(5) (a) Whenever it appears to the Minister that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct them to enter into an agreement.

(b) The Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.

(c) An agreement entered into under this subsection shall not be revoked save with the consent of the Minister.

(6) (a) Whenever it appears to the Minister that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct that they make such arrangements as he may specify.

(b) The Minister may direct that any such arrangements shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.

(c) Any arrangements entered into under this subsection shall not be revoked save with the consent of the Minister.

(7) Any existing agreement in relation to public roads made by road authorities under section 59 of the Act of 1955 shall cease to have force or effect following the expiry of the period of one year from the commencement of this section unless within that period it is continued in force by the said road authorities with, in the case of a national road, the approval of the Authority.

(8) (a) Where an agreement under section 59 of the Act of 1955 is made after the commencement of this section or where arrangements are made under this section and where such agreement or arrangements relate to national roads, such agreement or arrangements shall have no force or effect until approved (with or without modifications) by the Authority.

(b) Paragraph (a) shall not apply to an agreement or arrangements made following a direction by the Authority under subsection (1) or (3).

(9) The Authority may, in relation to national roads, enter into an agreement under section 59 of the Act of 1955 or into arrangements under subsection (3) as if it were a road authority and the provisions of subsection (8) (a) shall not apply to such agreement or arrangements.

(10) The Authority and every road authority shall carry out any agreement or arrangements to which this section relates and to which it is a party in accordance with the terms thereof.

(11) It shall be the duty of a road authority which is a party to an agreement under section 59 of the Act of 1955 relating to public roads (including an existing agreement continued in force under subsection (7)) or arrangements under this section to furnish to the Minister a copy of such agreement or arrangements.

Power of Minister to issue directions and guidelines to road authorities.

15. —(1) The Minister may give a direction in writing to a road authority in relation to any of the functions assigned to it by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the road authority shall comply with such direction.

(2) The Minister shall lay a copy of any direction given by him under subsection (1) before each House of the Oireachtas.

(3) The Minister may give policy or other guidelines to road authorities in relation to any of the functions assigned to them by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the authorities shall have regard to the guidelines when performing such functions.

(4) The Minister shall lay a copy of any guidelines given by him under subsection (3) before each House of the Oireachtas.