| |
PART V
Traffic Management
|
|
|
Control of traffic and pedestrians.
|
32.—(1) The powers conferred on the Commissioner of the Garda Síochána by section 89 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area.
|
|
| |
(2) Notwithstanding subsection (1), bye-laws or temporary rules made under section 89 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by the Authority.
|
|
| |
(3) (a) In this subsection—
|
|
| |
“bollard” means a pole, post or other similar device inserted into or affixed in a vertical or near vertical manner to the surface of a roadway or footway;
|
|
| |
“footway” and “roadway” have the same meanings, respectively, as in the Act of 1961;
|
|
| |
“the Minister” means the Minister for the Environment;
|
|
| |
“road ramp” means an artificial hump in or on the surface of a roadway which is designed to control the speed of vehicles.
|
|
| |
(b) The Authority may, with the approval of the Minister, direct a road authority part or all of whose functional area is within the Authority's functional area in the interest of the safety of road users to provide for a specified period or without any limitation as to time.
|
|
| |
(i) bollards on a roadway or footway for the purpose of restricting either wholly or partly the use of a public road by mechanically propelled vehicles;
|
|
| |
(ii) road ramps on a roadway for the purpose of restricting the speed of mechanically propelled vehicles.
|
|
| |
(c) The Authority may at any time, with the approval of the Minister, direct the road authority concerned to remove bollards or road ramps provided in accordance with a direction under paragraph (b).
|
|
| |
(d) The Authority shall send a copy of a direction to the road authority concerned and shall publish notice of the making of a direction in a manner specified in regulations by the Minister and, if there is an objection to the direction and the objection is not withdrawn, the Minister shall cause an oral hearing to be held and shall afford the person making the objection an opportunity of being heard.
|
|
| |
(e) The Minister may, if he thinks fit, approve a direction with or without modifications or refuse to approve it, and where he approves the direction with or without modifications, the direction shall be construed and have effect in accordance with the approval.
|
|
| |
(f) (i) Where a direction has been approved by the Minister, the road authority shall comply forthwith with such direction and in so doing shall comply with any requirement specified by the Minister.
|
|
| |
(ii) Where a direction under paragraph (b) is for a specified period, the road authority concerned shall, at the expiry of such period, remove all bollards or road ramps provided in accordance with that direction.
|
|
| |
(g) (i) The Minister may make regulations for the purpose of giving effect to this section.
|
|
| |
(ii) Regulations under this subsection may in particular make provision for all or any of the following matters—
|
|
| |
(I) specifying the manner in which the Authority shall publish notice of the making of a direction or notice of a decision by the Minister under paragraph (e),
|
|
| |
(II) requiring the Authority to notify specified bodies or persons,
|
|
| |
(III) specifying time limits for the making of objections,
|
|
| |
(IV) specifying the procedure to be followed at oral hearings,
|
|
| |
(V) specifying requirements in relation to the provision of bollards and road ramps, including standards of construction and the provision of warning signs.
|
|
| |
(iii) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
|
|
| |
(h) (i) A bollard or road ramp provided under and in accordance with this section shall be deemed to be a structure necessary for the safety of road users forming part of the public road.
|
|
| |
(ii) A road authority shall not provide a bollard or road ramp save under and in accordance with this section.
|
