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14 1993

ROADS ACT, 1993

PART VI

Miscellaneous

Road users' duty of care.

67. —(1) It shall be the duty of a person using a public road to take reasonable care for his own safety and for that of any other person using the public road.

(2) It shall be the duty of a person using a public road to take all reasonable measures to avoid—

(a) injury to himself or to any other person using the public road,

(b) damage to property owned or used by him or by any other person using the public road.

Cycleways.

68. —(1) In this section “cycleway” means a public road or proposed public road reserved for the exclusive use of pedal cyclists or pedal cyclists and pedestrians.

(2) (a) A road authority may construct (or otherwise provide) and maintain a cycleway.

(b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare either—

(i) that the cycleway is for the exclusive use of pedal cyclists, or

(ii) that the cycleway is for the exclusive use of pedal cyclists and pedestrians.

(c) Any person who uses a cycleway in contravention of an order under paragraph (b) shall be guilty of an offence.

Temporary dwellings on national roads, etc.

69. —(1) (a) Any person who without lawful authority erects, places or retains a temporary dwelling on a national road, motorway, busway or protected road shall be guilty of an offence.

(b) Any person who without lawful authority or the consent of a road authority erects, places or retains a temporary dwelling on any other prescribed road or prescribed class, subclass or type of road shall be guilty of an offence.

(c) A consent under paragraph (b) 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.

(2) An authorised person may remove a temporary dwelling from a national road, motorway, busway, protected road or any other prescribed road or prescribed class, subclass or type of road.

(3) An authorised person may store, or procure the storage of, a temporary dwelling removed by him under subsection (2).

(4) Where the name and address of the owner of a temporary dwelling removed and stored under this section can be ascertained by reasonable inquiry, the road authority concerned or the Commissioner shall serve a notice upon the owner informing him of the removal and storage and of the address of the place where the temporary dwelling may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.

(5) A temporary dwelling removed and stored under this section shall be given to a person claiming the temporary dwelling if, but only if, he makes a declaration in writing that he is the owner of the temporary dwelling or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing the temporary dwelling.

(6) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a temporary dwelling removed and stored under this section if—

(a) the owner of the temporary dwelling fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (4) was served on him, or

(b) the name and address of the owner of the temporary dwelling cannot be ascertained by reasonable inquiry.

(7) A temporary dwelling shall not be disposed of under this section within six weeks of the date of its removal under this section.

(8) The provisions of this section are without prejudice to the functions of a public authority under any other enactment.

(9) In this section—

authorised person” means—

(a) a person authorised in writing by a road authority for the purposes of this section;

(b) a member of the Garda Síochána;

temporary dwelling” means any tent, caravan, mobile home, vehicle or other structure or thing (whether on wheels or not) which is capable of being moved from one place to another (whether by towing, transport on a vehicle or trailer, or otherwise), and—

(a) is used for human habitation, either permanently or from time to time, or

(b) was designed, constructed or adapted for such use,

but does not include any such temporary dwelling—

(i) used by a State authority, road authority, local authority or a statutory undertaker during the course of works on, in or under a national road, motorway, busway, protected road, or any other prescribed road or prescribed class, subclass or type of road, or

(ii) used in connection with a fire or other emergency.

Dangerous structures, trees, etc.

70. —(1) (a) The owner or occupier of any structure and the owner or occupier of any land on which a structure is situated shall take all reasonable steps to ensure that the structure or the use of the structure is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.

(b) Where a structure or the use of a structure is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the structure or on the owner or occupier of any land on which the structure is situated to remove, modify or carry out specified works in relation to the structure within the period stated in the notice.

(2) (a) The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.

(b) Where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the land on which such tree, shrub, hedge or other vegetation is situated requiring the preservation, felling, cutting, lopping, trimming or removal of such tree, shrub, hedge or other vegetation within the period stated in the notice.

(3) (a) A person on whom a notice under subsection (1) or (2) has been served may, within fourteen days from the date of service, appeal against the notice to the District Court on any one or more of the following grounds:

(i) that he is not the owner or occupier of the structure,

(ii) that he is not the owner or occupier of the land on which the structure, tree, shrub, hedge or other vegetation is situated,

(iii) that the structure (or the use of such structure), tree, shrub, hedge or other vegetation, as the case may be, is not a hazard or potential hazard to persons using a public road or does not obstruct or interfere with the safe use of a public road or the maintenance of a public road,

(iv) that compliance with the requirements of the notice would involve unreasonable expense,

(v) that the notice specified an unreasonably short time for complying with its requirements or any of them.

(b) Notice of the appeal shall be given to the road authority and that authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(4) (a) On the hearing of the appeal the Court may, as it thinks proper, either—

(i) confirm the notice unconditionally, or

(ii) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

(iii) annul the notice.

(b) Where the Court confirms the notice, subject to modifications, alterations or additions, the notice shall have effect subject to such modifications, alterations or additions.

(5) (a) The jurisdiction conferred on the District Court by this section shall be exercised by the Judge of that Court having jurisdiction in the district in which the structure referred to in subsection (1) or the land referred to in subsection (1) or (2) is situated.

(b) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.

(6) A notice under subsection (1) or (2) shall not have effect until—

(a) the expiration of fourteen days from the date of service of the notice, or

(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced or the date upon which the order of the Court is expressed to take effect, whichever is the later.

(7) An owner or occupier who fails to comply with a notice under this section shall be guilty of an offence.

(8) Where an owner or occupier fails to comply with a notice under this section, the road authority may take the action specified in the notice or such other action as it thinks fit.

(9) Where a road authority considers that a structure (or the use of such structure), tree, shrub, hedge or other vegetation presents an immediate and serious hazard to persons using a public road it may, notwithstanding the provisions of subsections (1) to (8), take immediate action to reduce or remove the hazard.

(10) Where a road authority takes action under subsection (8) or (9) it may recover any reasonable costs incurred by it from the owner or occupier as a simple contract debt in any court of competent jurisdiction.

(11) Where a road authority has entered or proposes to enter on any land under subsection (8) or (9), it shall as soon as may be serve on the owner or the occupier of the land, a notice stating that it has entered or proposes to enter on the land and specifying the action that it has taken or proposes to take thereon.

(12) (a) Where a person takes action—

(i) to remove, modify or carry out specified works in relation to a structure, or

(ii) to preserve, fell, cut, lop, trim or remove any tree, shrub, hedge or other vegetation to which this section relates,

he shall take all reasonable measures to ensure as far as is reasonably practicable the safety of persons using a public road.

(b) A person who contravenes this subsection shall be guilty of an offence.

(13) In this section “structure” means a structure or any apparatus, object or thing, attached, fixed to, or connected with such structure.

Unauthorised signs, caravans, vehicles, etc. on public roads.

71. —(1) (a) Any person who, without lawful authority or the consent of a road authority—

(i) erects, places or retains a sign on a public road, or

(ii) erects, places or retains on a public road any caravan, vehicle or other structure or thing (whether on wheels or not) used for the purposes of advertising, the sale of goods, the provision of services or other similar purpose,

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.

(2) Without prejudice to the liability of any person under subsection (1), where there is a contravention of that subsection in the case of any sign or advertisement, the person on whose behalf the sign or advertisement is exhibited shall be deemed also to have contravened that subsection.

(3) Notwithstanding any other enactment, an authorised person may remove a sign, caravan, vehicle or other structure or thing to which subsection (1) applies.

(4) An authorised person may store, or procure the storage of, a sign, caravan, vehicle or other structure or thing removed by him under subsection (3).

(5) Where the name and address of the owner of a sign, caravan, vehicle or other structure or thing removed and stored under this section can be ascertained by reasonable inquiry, the road authority or the Commissioner shall serve a notice upon the owner informing him of its removal and storage and of the address of the place where it may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.

(6) A sign, caravan, vehicle or other structure or thing removed and stored under this section shall be given to a person claiming it if, but only if, he makes a declaration in writing that he is the owner of the sign, caravan, vehicle or other structure or thing or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing it.

(7) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a sign, caravan, vehicle or other structure or thing removed and stored under this section if—

(a) the owner of the sign, caravan, vehicle or other structure or thing fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (5) was served on him, or

(b) the name and address of the owner of the sign, caravan, vehicle or other structure or thing cannot be ascertained by reasonable inquiry.

(8) A sign, caravan, vehicle or other structure or thing shall not be disposed of under this section within six weeks of the date of its removal under this section.

(9) In this section—

authorised person” means—

(a) a person authorised in writing by a road authority for the purposes of this section,

(b) a member of the Garda Síochána;

sign” includes any sign, hoarding or other structure used for the purposes of advertising.

(10) This section shall not apply to a sign which relates to a presidential election within the meaning of the Presidential Elections Act, 1937 , a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1923 , a local election, a referendum, within the meaning of the Referendum Act, 1942 , or an election of members of the European Parliament, unless the sign has been in position for seven days or longer after the latest day upon which the poll was taken for the election, bye-election or referendum concerned.

Skips.

72. —(1) A road authority may, after consultation with the Commissioner, make bye-laws to regulate and control skips on public roads.

(2) Without prejudice to the generality of subsection (1), bye-laws under this section may—

(a) specify the area or areas to which the bye-laws relate;

(b) specify requirements in relation to—

(i) the siting and removal of skips,

(ii) the dimensions and other characteristics of skips,

(iii) the lighting and marking of skips for the purpose of making them readily visible to road users,

(iv) the care and disposal of the contents of skips,

(v) the period of deposit of skips on public roads,

(vi) the earliest practicable removal of skips once full,

(vii) the clear and indelible marking of skips with the name, address and telephone number of the owner or provider,

(viii) the giving of security or the provision of an indemnity;

(c) provide for the issue by the road authority of licences in respect of the deposit of skips on public roads and for the payment of specified fees in respect of such licences;

(d) provide for the attachment of conditions to licences, including conditions relating to any or all of the matters referred to in paragraph (b).

(3) Before making bye-laws under subsection (1), a road authority shall—

(a) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—

(i) indicating that it is proposed to make bye-laws,

(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the draft bye-laws may be inspected,

(iii) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws 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,

(iv) stating that a copy of the draft bye-laws may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy;

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

(c) 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.

(4) The making of bye-laws under subsection (1) and the consideration of objections or representations under subsection (3) shall be reserved functions.

(5) The bye-laws shall, as soon as may be after they have been made, be published in Iris Oifigiúil and notice of their making and of the place where copies of them may be purchased or inspected shall be published in one or more newspapers circulating in the area to which the bye-laws relate.

(6) Any person who contravenes a bye-law under this section which is deemed to be a penal bye-law shall be guilty of an offence.

(7) An authorised person may—

(a) remove or reposition a skip which contravenes bye-laws made under subsection (1),

(b) notwithstanding the provisions of such bye-laws or of a licence issued under them, remove or reposition a skip which he considers presents an immediate and serious hazard to persons using a public road.

(8) An authorised person may store, or procure the storage of, a skip removed by him under subsection (7).

(9) Where the name and address of the owner of a skip removed and stored under this section can be ascertained by reasonable inquiry, the road authority concerned or the Commissioner shall serve a notice upon the owner informing him of the removal and storage and of the address of the place where the skip may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.

(10) A skip removed and stored under this section shall be given to a person claiming the skip if, but only if, he makes a declaration in writing that he is the owner of the skip or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing the skip.

(11) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a skip removed and stored under this section if—

(a) the owner of the skip fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (9) was served on him, or

(b) the name and address of the owner of the skip cannot be ascertained by reasonable inquiry.

(12) A skip shall not be disposed of under this section within six weeks of the date of its removal under this section.

(13) In this section—

authorised person” means—

(a) a person authorised in writing by a road authority for the purposes of this section;

(b) a member of the Garda Síochána;

skip” means a container used for the storage or removal of builder's materials, rubble, waste, rubbish or other materials and which is designed to be transported by means of a mechanically propelled vehicle (as defined in the Act of 1961).

Extinguishment of public rights of way.

73. —(1) Where a local authority proposes to extinguish a public right of way it shall—

(a) publish in one or more newspapers circulating in the area where the public right of way proposed to be extinguished 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 right of way may be inspected and stating that objections or representations may be made in writing to the local 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 local authority for that purpose,

(b) affix a copy of such notice in a prominent position at each end of the public right of way proposed to be extinguished 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 local authority and consider the report and any recommendation of the person so appointed.

(2) (a) A local authority may make an order extinguishing the right of way specified in the notice published under subsection (1) (a), or part thereof.

(b) A local authority shall not make an order under paragraph (a) until it has complied with subsection (1).

(3) (a) An order under subsection (2) 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 conditions) 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.

(4) (a) An order made under subsection (2) may—

(i) specify a date on which the extinguishment shall come into effect,

(ii) specify conditions (including conditions relating to the recovery of the costs referred to in subsection (12)) which shall be complied with before the extinguishment comes into effect.

(b) Where an order extinguishing a public right of way made by a local authority or an order approved by the Minister with or without modifications or conditions does not specify when the extinguishment shall come into effect, the extinguishment shall come into effect—

(i) in the case of a local road, from the date on which the order is made by the local authority,

(ii) in the case of a national road or a regional road, from the date on which the order approving the extinguishment, with or without modifications or conditions, is made by the Minister.

(5) Notwithstanding any other enactment, where a public right of way over a public road or a part thereof is extinguished under this section, the road authority shall no longer be responsible for the maintenance of such road or part thereof with effect from the date on which the extinguishment of the public right of way comes into effect in accordance with subsection (4).

(6) A local authority shall, without prejudice to any existing private right of way, ensure the carrying out of any works necessary—

(a) to effect the extinguishment of a public right of way under this section,

(b) for the safety of road users arising from the extinguishment of a public right of way,

(c) to ensure as far as reasonably practicable that the land over which a public right of way has been extinguished does not become an eyesore.

(7) A local authority shall, as soon as may be after the date on which a public right of way has been extinguished, publish notice of the extinguishment in the newspaper or newspapers in which notice of the proposed extinguishment was published under subsection (1) (a) and shall notify in writing any person who made written objections or representations to it in relation to such extinguishment.

(8) The consideration of objections or representations and the report and any recommendation of a person appointed under subsection (1) and the making of an order under subsection (2) shall be reserved functions.

(9) A person who, without lawful authority, removes, or damages or defaces a notice erected in accordance with subsection (1) (b) shall be guilty of an offence.

(10) A person who obstructs, impedes or otherwise interferes with a public right of way or who destroys or damages a public right of way save as is provided for in law shall be guilty of an offence.

(11) It shall be a function of a local authority to protect the right of the public to use public rights of way in its administrative area.

(12) Where a local authority extinguishes a public right of way solely or partly to facilitate the development of land, the authority—

(a) shall be entitled to recover from the person developing, or proposing to develop, the land all or a reasonable portion of the costs incurred by it in extinguishing such right of way,

(b) may, by notice in writing, require the person developing, or proposing to develop, the land to carry out such works as it considers necessary to give effect to subsection (6),

(c) may, where a person fails to comply with a notice under paragraph (b), carry out the works specified in the notice or such other works as it considers necessary to give effect to subsection (6) and shall be entitled to recover any reasonable costs incurred by it in carrying out such works from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.

(13) In this section a “local authority” means—

(a) where the public right of way to be extinguished is over a public road, a road authority,

(b) in any other case, a planning authority.

(14) This section shall not apply where the extinguishment of a public right of way is authorised by a scheme under Part IV or under any enactment for which the Minister for the Environment is not the appropriate Minister or under any enactment relating to the compulsory acquisition of land.

(15) Where, before the repeal under section 4 of the enactments referred to hereunder, an application has been made to the Minister—

(a) under section 84 (4) (a) (i) of the Act of 1946, for his consent to the extinguishment of a public right of way over a road, or

(b) under section 76 of the Act of 1963, as amended by section 43 of the Act of 1976, for his approval to an order extinguishing a public right of way,

and such application has not been determined by the Minister or withdrawn, the enactment which applied before such repeal shall continue to so apply.

Road races.

74. —(1) In this section “road race” means a prescribed class of race, time trial or speed trial on a public road involving persons, vehicles or animals.

(2) A person who intends to hold, organise or promote a road race shall give at least one month's notice (or such other period of notice as may be prescribed by the Minister) in writing to the road authority and to the Superintendent of the Garda Síochána within whose district the road race is to be held.

(3) (a) A road authority may by notice in writing served on a person who intends to hold, organise or promote a road race or, where the name of that person cannot be ascertained by reasonable inquiry, by notice published in one or more newspapers circulating in the area in which the road race is to be held—

(i) prohibit the holding of the road race,

(ii) prohibit the holding of the road race unless specified conditions, restrictions or requirements are complied with,

(iii) impose specified conditions, restrictions or requirements in relation to the holding of the road race which must be complied with.

(b) The conditions under paragraph (a) may include the giving of security or the provision of an indemnity.

(4) Any person who contravenes subsection (2) or a notice under subsection (3) shall be guilty of an offence.

(5) A road authority may recover from a person who holds, organises or promotes a road race, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it—

(a) to facilitate the holding of the road race,

(b) to repair damage to or remove defacement from the public road arising from the holding of the road race.

(6) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for—

(a) requirements in relation to the making and consideration of objections,

(b) requirements in relation to the giving of security or the provision of an indemnity.

Temporary closing of roads.

75. —(1) A road authority may by order—

(a) for the purpose of facilitating a road race, within the meaning of section 74 , or any other event,

(b) for the purpose of facilitating the carrying out of works, or

(c) for any other purpose,

close a public road to traffic for such specified period and subject to such specified conditions (including the giving of security or the provision of an indemnity) as it thinks fit.

(2) (a) A person who uses a public road in contravention of an order made under subsection (1) shall, unless he is authorised in writing by the road authority to do so, be guilty of an offence.

(b) A person who obstructs or interferes with the holding of a road race or any other event or with the carrying out of works or any activity in respect of which an order under subsection (1) is in force shall be guilty of an offence.

(c) A person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force and who contravenes any condition specified in that order shall be guilty of an offence.

(d) A person who without lawful authority closes a public road shall be guilty of an offence.

(3) A road authority may recover from a person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it—

(a) to facilitate the holding of the road race or other event or the carrying out of works or any other activity,

(b) to repair damage to or remove defacement from the public road arising from the holding of the road race or other event or the carrying out of works or any other activity.

(4) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for all or any of the following matters—

(a) requirements as to notice,

(b) requirements in relation to the making and consideration of objections,

(c) requirements in relation to the giving of security or the provision of an indemnity.

Drainage, etc.

76. —(1) A road authority may—

(a) construct and maintain drains in, on, under, through or to any land for the purpose of draining water from, or preventing water flowing onto, a public road,

(b) use any land for the temporary storage or the preparation of any gravel, stone, sand, earth or other material required for the construction or maintenance of a public road.

(2) Before entering on any land to perform a function under subsection (1), a road authority shall—

(a) at least one month before the date upon which it proposes to enter on the land, serve a notice on the owner or occupier of the land—

(i) stating that it proposes to enter on the land,

(ii) specifying the function that it proposes to perform thereon,

(iii) stating that objections or representations may be made in writing to the road authority in relation to the proposed performance of the function before a specified date (which shall be not less than two weeks from the date of service of the notice), and

(iv) informing him of his right to apply for compensation under subsection (4),

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

(3) (a) Where as a result of flooding, landslide, subsidence or other emergency there is an immediate and serious hazard to persons using a public road or serious damage has been, is being or will be caused to a public road, a road authority may take immediate action to remove or reduce the hazard or prevent or reduce the damage or any further damage.

(b) In the exercise of its functions under paragraph (a), a road authority may enter on any land and carry out any works or do anything which it considers necessary for the purposes of paragraph (a).

(4) (a) The owner or occupier of any land who suffers damage in consequence of the exercise by a road authority of its functions under subsection (2) or (3) shall be entitled to recover from the road authority compensation in respect of that damage:

Provided that in assessing compensation regard shall not be had to any existing damage caused by water draining into, onto, under, through or to the land from an existing public road but only to any additional damage resulting from the exercise by the road authority of its functions under subsection (1) or (3).

(b) A claim for compensation under paragraph (a) shall be made not later than six months after the date on which the activity, in respect of which the claim is made, was completed and shall, in default of agreement, be determined by arbitration under the Lands Clauses Acts but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.

(5) The owner or occupier of any land adjacent to a public road shall take all reasonable steps to ensure that—

(a) water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,

(b) water, soil or other material is prevented from flowing or falling onto a public road from his land.

(6) A road authority may serve a notice in writing on the owner or occupier of any land adjacent to a public road requiring him to carry out specified works or take specified measures—

(a) to ensure that water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,

(b) to prevent water, soil or other material from flowing or falling onto a public road from his land.

(7) (a) A person on whom a notice under subsection (6) has been served may, within fourteen days from the date of service, appeal against the notice to the District Court on any one or more of the following grounds—

(i) that he is not the owner or occupier of the land,

(ii) that water was not and is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,

(iii) that water, soil or other material was not and is not flowing or falling onto a public road from his land,

(iv) that compliance with the requirements of the notice would involve unreasonable expense,

(v) that the notice specified an unreasonably short time for complying with its requirements or any of them.

(b) Notice of the appeal shall be given to the road authority and that authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(8) (a) On the hearing of the appeal the Court may, as it thinks proper, either—

(i) confirm the notice unconditionally, or

(ii) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

(iii) annul the notice.

(b) Where the Court confirms the notice, subject to modifications, alterations or additions, the notice shall have effect subject to such modifications, alterations or additions.

(9) (a) The jurisdiction conferred on the District Court by this section shall be exercised by the Judge of that Court having jurisdiction in the district in which the public road referred to in subsection (6) is situated.

(b) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.

(10) A notice under subsection (6) shall not have effect until—

(a) the expiration of fourteen days from the date of service of the notice, or

(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced or the date upon which the order of the Court is expressed to take effect, whichever is the later.

(11) An owner or occupier who fails to comply with a notice under this section shall be guilty of an offence.

(12) Where an owner or occupier fails to comply with a notice under this section, the road authority may take the action specified in the notice or such other action as it thinks fit.

(13) Where a road authority considers that—

(a) water prevented, obstructed or impeded from draining into, onto, under, through or to any land from a public road, or

(b) water, soil or other material flowing or falling onto a public road from any land,

presents an immediate and serious hazard to persons using a public road or has caused, is causing or will cause serious damage to a public road it may, notwithstanding the provisions of subsections (6) to (12), take immediate action to remove or reduce the hazard or prevent or reduce the damage or any further damage.

(14) Where a road authority takes action under subsection (12) or (13) it may recover any reasonable costs incurred by it from the owner or occupier as a simple contract debt in any court of competent jurisdiction.

(15) (a) A person who, without the consent of a road authority—

(i) within 15 metres of a public road (measured from its nearest edge) scours, deepens, widens or fills in any existing drain or excavates any new drain,

(ii) interferes with, or carries out any works which interfere with, a bridge, culvert, retaining wall, embankment or other structure providing lateral or other support for 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) (i) Where a road authority considers that the carrying out, with or without its consent, of an activity referred to in paragraph (a) has damaged, is damaging or will damage a public road, it may serve a notice in writing on the person carrying out such activity or on the owner or occupier of the land on which such activity is being carried out requiring that the activity cease forthwith and a person who fails to comply with a notice served on him shall be guilty of an offence.

(ii) A road authority may repair any damage and take measures to prevent or reduce any damage relating to an activity under paragraph (a) and may, where it has not given its consent under that paragraph, recover from the person carrying out the activity or the owner or occupier of the land, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.

(16) Where a road authority—

(a) proposes to enter on any land under subsection (12),

(b) has entered or proposes to enter on any land under subsection (3), (13) or (15),

it shall as soon as may be serve on the owner or occupier of the land, a notice stating that it proposes to enter or has entered on the land and specifying the action that it proposes to take or has taken thereon.

(17) In this section, “drain” includes—

(a) a ditch, channel, gutter, pipe, tunnel, culvert, soakpit, percolation area or percolation trench,

(b) a barrier to divert water into a drain.

Road traffic noise.

77. —(1) The Minister may, after consultation with the Environmental Protection Agency, make regulations requiring road authorities or the Authority to carry out works or take such other measures as are necessary to mitigate the effects of road traffic noise in respect of such types of public road constructed or improved after the commencement of this section as are specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) make different provisions for different classes of cases (which may be defined by reference to classes of areas in which a public road or roads are situate, classes of persons whom the mitigation of the effect of road traffic noise is intended to benefit or such other matters as the Minister thinks appropriate),

(b) specify limits for road traffic noise in respect of a public road above which road authorities or the Authority will be required to carry out works or other measures of the kind referred to in subsection (1),

(c) specify methods of, arrangements for, and any other matters relating to, the measurement of road traffic noise,

(d) specify standards in respect of works and other measures of the kind referred to in subsection (1).

Powers of inspection.

78. —(1) In this section “authorised person” means a person authorised for the purposes of this section by the Minister, the Authority or a road authority.

(2) Any authorised person shall be entitled to enter at all reasonable times (subject to his producing, if so required, his authority in writing as such person) and inspect any land or any thing on, in or under any land for the purposes of any enactment (including this Act) relating to the construction or maintenance of public roads or for any purpose incidental thereto.

(3) An authorised person shall be entitled in the performance of his functions under this section to take with him on to land such persons and equipment as he considers necessary to assist him and to carry out such surveys, investigations, excavations, borings or tests, to take samples or to do any other thing which he considers necessary for the purposes referred to in subsection (2).

(4) Where an authorised person is refused entry to land in the exercise of his functions under this section the Minister, the Authority or the road authority, as the case may be, may apply to the District Court for a warrant authorising such entry.

(5) (a) If, on a claim made to the Minister, the Authority or the road authority, as the case may be, it is shown that, as a result of the exercise of any function under this section, any person has suffered damage, that person shall be entitled to be paid by the Minister, the Authority or the road authority, as the case may be, compensation in respect of the damage and the amount of the damage may, in default of agreement, be determined by any court of competent jurisdiction.

(b) A claim under this section shall be made within (but not after)—

(i) six months after the damage is suffered, or

(ii) such longer period as the court may allow if it appears to the court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

Service of notices.

79. —(1) Whenever the Minister is satisfied in relation to a notice required to be served under this Act that—

(a) reasonable grounds exist for dispensing with the service of the notice, and

(b) the dispensing with the service of the notice will not cause injury or damage to any person,

he may dispense with the service of the notice and every such dispensation shall have effect according to the terms thereof.

(2) Where a notice is required or authorised by or under this Act to be served on a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him,

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice is so required or authorised to be served in respect of any land, premises or structure, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land, premises or structure.

(3) Where a notice is required by or under this Act to be served on an owner or occupier of any land, premises or structure and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him.

(4) A person who, at any time during the period of three months after a notice is affixed under subsection (2) (d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.

(5) For the purposes of this section, a company within the meaning of the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Offence of obstruction.

80. —A person who obstructs or impedes or assists a person to obstruct or impede the Authority or a road authority or an authorised person within the meaning of section 69 , 71 , 72 or 78 in the performance of any of their functions under any enactment (including this Act) relating to the construction or maintenance of public roads shall be guilty of an offence.

Prosecution and penalties.

81. —(1) (a) A person guilty of an offence under section 37 , 38 , 39 , 40 or 46 (6) shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(b) A person guilty of an offence under any other provision of this Act shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

(3) (a) Save as is provided for in paragraphs (b), (c) and (d) of this subsection, a summary offence under any provision of this Act may be prosecuted by a road authority.

(b) An offence under section 64 may be prosecuted by a road authority as defined for the purposes of Part V .

(c) An offence under section 73 may be prosecuted by a local authority as defined for the purposes of that section.

(d) An offence under section 80 may be prosecuted by the Minister, the Authority or a road authority.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which any provision of this Act relates may be instituted within twelve months from the date of the offence.

Grants to road authorities.

82. —The Minister may, subject to such conditions as he sees fit, in each financial year make grants, of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas, to road authorities in respect of any or all of their functions under this Act or otherwise in relation to public roads.

Application of moneys.

83. —Moneys accruing to a road authority under this Act shall be applied in accordance with regulations made by the Minister.

Disposal of proceeds of sale.

84. —Where a road authority or the Commissioner become entitled to dispose or procure the disposal of anything removed from a public road under this Act, then the authority or the Commissioner shall be entitled to sell the thing for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner (where the name and address of such owner can be ascertained by reasonable inquiry) of the thing at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority or the Commissioner in its removal, storage and sale.

Expenses of Minister.

85. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.