Road Traffic and Roads Act 2023

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Amendment of section 95 of Act of 1961

51. Section 95 of the Act of 1961 is amended—

(a) in subsection (1)—

(i) by the insertion of the following definition before the definition of “road regulation”:

“‘national road’ and ‘national managed road’ each has the same meaning as it has in the Roads Act 1993 .”,

(ii) by the substitution of the following definition for the definition of “provide”:

“‘provide’ includes erect or place, maintain and (in the case of a device or an instrument for giving or displaying signals) operate or put into operation and cognate words shall be construed accordingly;”,

and

(iii) by the substitution of the following definition for the definition of “traffic sign”:

“‘traffic sign’ means any sign, device, notice or road marking, or any instrument for giving or displaying signals by mechanical, electronic, electromechanical or other means, which does one or more of the following in relation to a public road or public roads:

(a) gives information (such a sign being referred to in this section as ‘an information sign’),

(b) warns persons of danger or advises persons of the precautions to be taken against such danger, or both (such a sign being referred to in this section as ‘a warning sign’),

(c) indicates the existence of a road regulation or implements such a regulation, or both, or indicates the existence of a provision in an enactment relating to road traffic (such a sign being referred to in this section as ‘a regulatory sign’);”,

(b) in subsection (2)(a), by the deletion of “, if he so thinks fit,”,

(c) in subsection (3), by the insertion of “, other than national managed roads,” after “in their charge” in both places where it occurs,

(d) by the insertion of the following subsection after subsection (3):

“(3A) (a) The National Roads Authority may provide in respect of national managed roads such information signs and warning signs as it considers desirable.

(b) The National Roads Authority may after consultation with the Commissioner, provide in respect of national managed roads such regulatory signs as it considers desirable.”,

(e) in subsection (5)—

(i) in paragraph (a), by the insertion of “, other than national managed roads,” after “in their charge”, and

(ii) in paragraph (b), by the insertion of “from any public road in their charge, other than a national managed road,” after “remove any regulatory sign”,

(f) by the insertion of the following subsection after subsection (5):

“(5A) (a) The National Roads Authority shall provide in respect of national managed roads such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her, and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.

(b) The National Roads Authority shall, at the request of the Commissioner, remove any regulatory sign from a national managed road that the Commissioner considers has been provided in a manner or at a location that might adversely affect the safety of road users.”,

(g) in subsection (6), by the substitution of “land adjacent to a public road, other than a national managed road, but not forming part of such road” for “land adjacent to but not forming part of a public road”,

(h) by the insertion of the following subsection after subsection (6):

“(6A) Where the provision by the National Roads Authority of a traffic sign on land adjacent to but not forming part of a national managed road is reasonably necessary, the National Roads Authority may, after at least twenty-one days’ notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by the National Roads Authority by reasonable enquiries, enter and provide the traffic sign on the land.”,

(i) by the substitution of the following subsection for subsection (7):

“(7) Where a traffic sign is provided by a road authority under subsection (6) or the National Roads Authority under subsection (6A), any person interested in the land may at any time, on giving notice of his or her intention so to do to the road authority or, as the case may be, the National Roads Authority, apply to the Minister to direct the removal of the traffic sign.”,

(j) in subsection (9), by the insertion of “or, as the case may be, the National Roads Authority,”,

(k) in subsection (10), by the insertion of “(other than a national managed road)” after “a public road”,

(l) by the insertion of the following subsection after subsection (10):

“(10A) A person other than the National Roads Authority shall not provide a traffic sign visible from a national managed road without the consent of the National Roads Authority.”,

(m) by the substitution of the following subsection for subsection (11):

“(11) The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) or (10A) shall be guilty of an offence and, in any prosecution for an offence under this subsection and notwithstanding any other provision of this Act, the traffic sign shall be presumed, until the contrary is shown by the defendant, to have been provided by a person other than a road authority or the National Roads Authority and without the consent of the road authority having charge of the road or the National Roads Authority.”,

(n) in subsection (12), by the insertion of “or (6A)” after “subsection (6)”,

(o) in subsection (13), by the insertion of “or the National Roads Authority” after “a road authority”,

(p) by the insertion of the following subsection after subsection (14):

“(14A) A person who provides a sign, device, notice or light in contravention of subsection (14) of this section shall be guilty of an offence.”,

and

(q) in subsection (16), by the insertion of “or by the National Roads Authority” after “by a road authority”.