Roads Act, 1993

Toll bye-laws.

61.—(1) A road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road.

(2) The Authority shall consult with the appropriate road authority under section 13 before making bye-laws in relation to a national road.

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

(a) specify the amounts of the tolls that shall be charged, or the scales and other provisions by reference to which they shall be charged, in respect of the use of a toll road by vehicles and road users of each class specified in the bye-laws and may specify different such amounts by reference to such circumstances or combinations of circumstances (whether relating to classes of vehicles or road users, seasons of the year, days of the week, times of the day or otherwise) as the road authority may consider appropriate,

(b) provide for the issue, inspection and collection of tickets, tokens, vouchers, permits, receipts and other forms of authorisation or payment for the use of a toll road,

(c) specify the persons who shall be liable to pay a toll,

(d) provide that a person liable under the bye-laws to pay a toll shall not use, or cause or permit, any vehicle of which he is in charge to use the toll road concerned unless the toll has been paid or arrangements, to the satisfaction of the road authority concerned or of a person authorised by it to operate and manage the toll road, for its payment have been made, and

(e) specify the powers of the road authority and of any person authorised by it to operate and manage the toll road concerned in relation to users of a toll road and vehicles and the persons in charge of them.

(4) The making of toll bye-laws in relation to a regional road or a local road shall be a reserved function.

(5) Bye-laws made under subsection (1) shall have no effect unless and until the Minister approves them.

(6) Before submitting bye-laws to the Minister for his approval, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice—

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

(ii) stating that objections or representations may be made in writing to the Minister in relation to such bye-laws before a specified date (which shall be not less than two weeks after the end of the period for inspection), and

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

(7) Before approving the bye-laws the Minister shall consider any objections or representations which have been made to him under subsection (6) and not withdrawn.

(8) (a) The Minister may, by order, approve the bye-laws with or without modifications or he may refuse to approve them.

(b) Bye-laws approved by the Minister shall come into effect—

(i) on the date specified in those bye-laws, or

(ii) where no date is specified in the bye-laws, on the date on which the Minister makes an order approving them.

(9) The bye-laws shall, as soon as may be after they have been approved, be published in Iris Oifigiúil and notice of their making, of the toll road to which they apply 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 where the toll road to which the bye-laws relate is located or is to be located.