Local Government Act, 1946

Traffic signs on roads.

69.—(1) In this section—

the expression “the Commissioner” means the Commissioner of the Garda Síochána;

the expression “road regulation” means an order, regulation or bye-law made under an enactment other than an excepted enactment and relating to the use of a road by persons, vehicles or animals;

the expression “excepted enactment” means any of the following enactments, that is to say, section 118, paragraph (b) of section 148, paragraph (c) of section 148 and subsection (1) of section 159 of the Road Traffic Act, 1933 (No. 11 of 1933);

the expression “traffic sign” means a sign, notice or instrument for giving signals by mechanical means indicating to persons using a road any one or more of the following :

(a) the places to which the road leads,

(b) the distances to or from such places,

(c) any dangers to persons using the road,

(d) any precaution to be taken against such dangers,

(e) the existence of a road regulation in force in relation to the road and the course to be adopted to comply therewith;

the word “provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate, and cognate words shall be construed accordingly.

(2) The Minister may make regulations prescribing the size, shape, colour and character of traffic signs and no traffic sign shall be provided by a road authority which is not in accordance with any relevant regulations made under this subsection.

(3) A road authority shall provide on any road in their charge such traffic signs as may be requested by the Commissioner in the positions indicated by him 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 may request.

(4) A request by the Commissioner under subsection (3) of this section may be for the provision either of traffic signs for all times or occasions or of traffic signs for a limited period or a particular occasion or particular occasions.

(5) A road authority may, with the consent of the Commissioner, provide for any road in their charge such traffic signs as they consider desirable.

(6) Where the provision by a road authority of a traffic sign on land adjacent to but not forming part of a road is reasonably necessary, the road 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 such road authority by reasonable enquiries, enter and provide the traffic sign on the land.

(7) Where a traffic sign is provided under subsection (6) of this section on any land by a road authority, any person interested in the land may at any time, on giving notice of his intention so to do to the road authority, apply to the Minister to direct the removal of the traffic sign.

(8) Where an application is made under subsection (7) of this section, in relation to a traffic sign provided on any land, the Minister, after consideration of the application, shall either—

(a) refuse the application, or

(b) if he is satisfied that the provision of the traffic sign is not reasonably necessary, direct the removal of the traffic sign from the land, or

(c) if he is satisfied that the provision of the traffic sign in its existing position causes unnecessary or unreasonable hardship, direct the removal of the traffic sign to another position on the land.

(9) Where the Minister gives a direction under subsection (8) of this section in relation to a traffic sign, the road authority who provided the traffic sign shall comply with the direction.

(10) A person other than a road authority shall not provide a traffic sign visible from a road without the consent of the Commissioner.

(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) of this section shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with an additional fine of one pound for each day on which the offence is continued.

(12) If a person wilfully obstructs or interferes with the exercise by a road authority of the powers conferred by subsection (6) of this section or, without lawful authority, removes, defaces or otherwise injures a traffic sign provided in accordance with this section he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, or at the discretion of the Court, to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(13) Expenses incurred by a road authority in providing traffic signs for a road shall be part of the expenses of maintaining the road.