Roads Act, 1993

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1925” means the Local Government Act, 1925 ;

“the Act of 1946” means the Local Government Act, 1946 ;

“the Act of 1955” means the Local Government Act, 1955 ;

“the Act of 1961” means the Road Traffic Act, 1961 ;

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ;

“the Act of 1974” means the Local Government (Roads and Motorways) Act, 1974 ;

“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ;

“the Act of 1979” means the Local Government (Toll Roads) Act, 1979 ;

“the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ;

“the Act of 1990” means the Local Government (Planning and Development) Act, 1990 ;

“the Authority” means the National Roads Authority established under section 16 ;

“busway” has the meaning assigned to it by section 44 ;

“busway scheme” means a scheme in respect of a busway made by a road authority under section 47 ;

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

“consent” means consent in writing;

“contravention” includes failure to comply;

“development” has the meaning assigned to it by the Act of 1963;

“development plan” has the same meaning as in the Local Government (Planning and Development) Acts, 1963 to 1990;

“footpath” means a road over which there is a public right of way for pedestrians only, not being a footway;

“footway” means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;

“functions” includes powers and duties and references to the performance of functions includes references to the performance of powers and duties;

“land” has the meaning assigned to it by the Act of 1963;

“local authority” means—

(a) the council of a county,

(b) the corporation of a county or other borough, or

(c) the council of an urban district;

“local road” means a public road other than a national road or a regional road;

“maintenance” in relation to public roads includes improvement and management;

“the Minister” means the Minister for the Environment;

“motorway” has the meaning assigned to it by section 43 ;

“motorway scheme” means a scheme in respect of a motorway made by a road authority under section 47 ;

“national road” means a public road or a proposed public road which is classified as a national road under section 10 ;

“owner” when used in relation to any thing which is the subject of a hire-purchase or leasing agreement includes the person in possession of that thing under the agreement;

“pedal cycle” and “pedal cyclist” have the meanings respectively assigned to them by the Act of 1961;

“planning authority” has the meaning assigned to it by the Act of 1963;

“planning permission” means a permission under Part IV of the Act of 1963;

“proposed road development” means any proposed road development in respect of which an environmental impact statement is required to be prepared under section 50 ;

“protected road” has the meaning assigned to it by section 45 ;

“protected road scheme” means a scheme in respect of a protected road made by a road authority under section 47 ;

“public authority” means—

(a) a Minister of the Government,

(b) a board or other body established by or under statute,

(c) a local authority;

“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

“regional road” means a public road or a proposed public road which is classified as a regional road under section 10 ;

“reserved function” means—

(a) in the case of the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1991, a reserved function for the purposes of those Acts,

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“road” includes—

(a) any street, lane, footpath, square, court, alley or passage,

(b) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, carriageway (whether single or multiple), pavement or footway,

(c) any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gulley, railing, fence, wall, barrier, guardrail, margin, kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and

(d) any other structure or thing forming part of the road and—

(i) necessary for the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or

(ii) prescribed by the Minister;

“road authority”, except in Part V , means the council of a county, the corporation of a county or other borough, or the council of an urban district;

“roadway” means that portion of a road which is provided primarily for the use of vehicles;

“special amenity area order” means an order confirmed by the Minister under section 43 of the Act of 1963;

“State authority” means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland;

“statutory undertaker” has the meaning assigned to it by the Act of 1963;

“structure” has the meaning assigned to it by the Act of 1963;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“traffic sign” has the meaning assigned to it by section 95 of the Act of 1961.

(2) Except where the context otherwise requires, a reference in any enactment or instrument to a public road, a road or a road authority shall be deemed to be a reference to a public road, a road or a road authority as defined in this Act.

(3) Nothing in this Act affects any existing rule of law in relation to the liability of a road authority for failure to maintain a public road.

(4) The maintenance of a public road includes the provision and maintenance of public lighting.

(5) In this Act a reference to a Part, section or Schedule is to a Part or section of, or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.

(6) In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(7) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.