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Amendment of Act of 2004 in relation to national managed roads
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56. The Act of 2004 is amended by the insertion of the following sections after section 10:
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“Speed limits at road works on national managed roads
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10A. (1) The Chief Executive of the National Roads Authority may, where he or she considers it is in the interests of road safety on a national managed road, or part of a national managed road where road works are being carried out, by order apply to that road or part of it, subject to section 10C, a special limit being a speed limit of not less than 20 kilometres per hour, as the speed limit on the national managed road for mechanically propelled vehicles, in lieu of the speed limit provided or having effect under this Act in respect of the national managed road or part of it.
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(2) An order under subsection (1) is in force for the duration of the road works, subject to no such order having effect for a period of more than 12 months from the date of its making.
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(3) The Chief Executive of the National Roads Authority shall not make an order under subsection (1) in respect of a national managed road without giving, or causing to be given, prior written notification to the county council or city council, within whose administrative area the road works occur in writing of his or her intention to make the order.
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(4) Before making an order under subsection (1) the Chief Executive of the National Roads Authority shall notify the Commissioner in writing of his or her intention to make the order.
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(5) The Chief Executive of the National Roads Authority shall consider any representations made by the Commissioner in writing and in such manner as the Minister may prescribe received by the Chief Executive within 1 month, or such other period as the Minister may prescribe in relation to the type of road and type of road works concerned, of the notification under subsection (4).
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(6) When the Chief Executive of the National Roads Authority makes an order under subsection (1), he or she shall publish a notice—
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(a) in one or more newspapers circulating in the county council or city council to which the order relates, or
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(b) in such other manner as the Minister may prescribe in relation to the type of road and type of road works concerned,
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indicating the location where the order will have effect, the period for which it will have effect and the speed limit being applied through the order.
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(7) The Chief Executive of the National Roads Authority shall have regard to any representations that are made to him or her in relation to the order made under subsection (1) prior to making such an order.
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(8) The Chief Executive of the National Roads Authority may at any time within the period specified in subsection (2) revoke or amend an order made by him or her under subsection (1).
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(9) A document which purports to be a copy of an order made under subsection (1) which has endorsed on it a certificate purporting to be signed by the Chief Executive of the National Roads Authority or an officer of the National Roads Authority designated by the Chief Executive stating that the document is a true copy of the order and that the order was in force on a specified day, shall, without proof of the signature of the Chief Executive, or the officer or that he or she was in fact the Chief Executive of the National Roads Authority, or such officer, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the order and of the fact that it was in force on that date.
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Variable speed limits
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10B. (1) The National Roads Authority may apply, or cause to be applied, by automated means or otherwise, to any national managed road or any part, carriageway or lane thereof, a special limit (referred to in this Act as a ‘variable speed limit’) being a speed limit of—
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(a) not less than 20 kilometres per hour, and
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(b) not more than the speed limit otherwise provided or having effect under this Act,
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as the speed limit for mechanically propelled vehicles on that national managed road, part, carriageway or lane, in lieu of the speed limit provided or having effect under this Act by displaying the speed limit, or causing it to be displayed, electronically on a traffic sign above or to the side of the national managed road, or part, carriageway or lane thereof.
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(2) A variable speed limit is in force for the period during which it is displayed in accordance with subsection (1).
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(3) The speed limits that may be applied under this section are—
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(a) 20 kilometres per hour,
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(b) 30 kilometres per hour,
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(c) 40 kilometres per hour,
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(d) 50 kilometres per hour,
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(e) 60 kilometres per hour,
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(f) 70 kilometres per hour,
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(g) 80 kilometres per hour,
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(h) 90 kilometres per hour,
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(i) 100 kilometres per hour,
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(j) 110 kilometres per hour,
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(k) 120 kilometres per hour,
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and different variable speed limits may be applied to different carriageways and different lanes on different parts of the same national managed road.
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(4) The Chief Executive of the National Roads Authority may authorise persons to carry out the functions referred to in subsection (1).
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(5) In any legal proceedings in which it is shown that a speed limit was displayed electronically on a traffic sign above or to the side of a national managed road, or part, carriageway or lane thereof it shall be presumed until the contrary is shown that that the speed limit was displayed in accordance with subsection (1).
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(6) A document which has endorsed on it a certificate purporting to be signed by the Chief Executive of the National Roads Authority or a person authorised by the Chief Executive of the National Roads Authority under subsection (4) stating that a variable speed limit applied at a specified location on a specified day, at a specified time or during a specified period, shall, without proof of the signature of the Chief Executive or the person or that he or she was in fact the Chief Executive of the National Roads Authority or so authorised, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the fact that the electronic speed limit applied at that location on that day, at that time or during that period.
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(7) Where a speed limit other than a speed limit referred to in subsection (3) is displayed electronically on a traffic sign above or to the side of a national managed road, or part, carriageway or lane thereof such speed limit shall have no effect and the speed limit provided or having effect under this Act shall apply to the road, or part, carriageway or lane thereof.
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(8) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any officer of, or person authorised by, the National Roads Authority for the recovery of damages in respect of loss of life and personal injury in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by the performance of functions referred to in subsection (1).
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Variable speed limit schemes
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10C. (1) The National Roads Authority may prepare a scheme in relation to the application of variable speed limits to a national managed road or any section, carriageway or lane of a national managed road.
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(2) The National Roads Authority shall specify in any scheme prepared under subsection (1)—
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(a) the national managed road or the section, carriageway or lane of the national managed road to which the scheme relates,
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(b) the speed limits that the Authority intends will be applied to the road, section, carriageway or lane to which the scheme relates,
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(c) information regarding the rationale for applying variable speed limits to the road, section, carriageway or lane to which the scheme relates,
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(d) such other information as the National Roads Authority considers relevant to the application of variable speed limits to the road, section, carriageway or lane to which the scheme relates, and
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(e) such other information in relation to the application and operation of variable speed limits as the Minister may prescribe.
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(3) The National Roads Authority shall publish a draft of any scheme prepared under subsection (1) on its website.
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(4) Where the National Roads Authority publishes a draft of a scheme in accordance with subsection (3) it shall give notice of such publication to—
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(a) the council of any county council or city council concerned of any part of the scheme that relates to roads in their respective administrative areas, and
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(b) the Commissioner,
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and shall consider any representations made in writing by such a council or the Commissioner where they are received within the period (not being less than one month after the date of service of the notice) specified in the notice.
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(5) Where the National Roads Authority publishes a draft of a scheme in accordance with subsection (3) the following provisions shall have effect:
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(a) the National Roads Authority shall publish notice of the publication of the draft scheme in at least 2 daily newspapers published in and circulating in the State or the area to which the proposed scheme relates,
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(b) the notice shall state that—
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(i) it is intended to apply variable speed limits on a specified national managed road or a section, carriageway or lane of a national managed road,
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(ii) a copy of the draft scheme in relation to the road, section, carriage or lane is available for public inspection, and
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(iii) any person may make submissions to the National Roads Authority in relation to the draft scheme at any time during the period of 30 days commencing on the date of the first publication of the notice,
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(c) the National Roads Authority shall, during that period of 30 days, keep a copy of the draft scheme open for public inspection during ordinary office hours at the address stated in the notice,
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(d) any person who wishes may make submissions to the National Roads Authority in relation to the draft scheme in writing at any time during that period of 30 days and the National Roads Authority shall consider the submissions.
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(6) Having considered any representations and submissions received in accordance with this section the National Roads Authority may make the scheme with or without amendment and shall publish such scheme on its website.
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Speed limit guidelines
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10D. (1) The Minister may issue guidelines relating to the making of special speed limit bye-laws, road works speed limit orders and variable speed limit schemes and may amend or cancel any such guidelines.
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(2) Where guidelines under subsection (1) are, for the time being in force, a county council, city council or the National Roads Authority, as the case may be, shall ensure when they are making any special speed limit bye-laws, road works speed limit orders or variable speed limit schemes that such bye-laws, order or schemes are in accordance with such guidelines.
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(3) Any guidelines issued by the Minister under section 9(9) that are in force on the day on which this subsection comes into force shall be deemed to have been made under this section.
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Ministerial policy directions in relation to certain speed limits
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10E. (1) The Minister may, from time to time, give policy directions in writing to a county council, city council or the National Roads Authority with regard to any of its functions that relate to the application and operation of special speed limits, road works speed limits, or variable speed limits and a county council, city council and the National Roads Authority shall comply with any such direction.
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(2) Notice of any direction given under subsection (1) and details of it shall be—
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(a) laid before each House of the Oireachtas, as soon as may be, after it has been given, and
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(b) published in Iris Oifigiúil and on a website operated by or on behalf of the Department of Transport not later than 21 days of it being given.”.
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