Local Government (Toll Roads) Act, 1979

Toll schemes.

3.—(1) A road authority may make a scheme (referred to in this Act as “a toll scheme”) for the establishment of a system of tolls in respect of the use of a public road.

(2) A copy of any toll scheme made under this section and any map referred to therein, together with a statement explaining the provisions of the scheme and its purpose and effect (in this Act referred to subsequently as “the explanatory statement”) shall, within one month after it is made, be made available at the chief offices of the road authority by which it was made for inspection by the public during business hours for such period, not being less than one month, as may be determined by the authority.

(3) In making a toll scheme, a road authority shall give special consideration to the question of exempting from tolls under the scheme pedestrians, pedal cycles, invalid carriages and vehicles specially adapted for use by physically handicapped persons.

(4) A toll scheme shall—

(a) specify the public road or proposed public road in respect of the use of which the road authority concerned proposes to establish a system of tolls,

(b) indicate the classes of vehicles and other road users for whose use the toll road is intended,

(c) indicate the classes of vehicles which and other road users who will be charged tolls in respect of such use,

(d) include an estimate of the amounts of the tolls that it is proposed to charge in respect of the use of the toll-road by such vehicles and other road users,

(e) specify such other information as the road authority may consider appropriate or the Minister may direct.

(5) (a) A road authority shall submit to the Minister a toll scheme made by it.

(b) A road authority may at any time make and submit to the Minister a toll scheme amending or revoking a toll scheme made by it that is in force.

(c) The Minister may approve of a toll scheme with or without modifications or he may refuse to approve of it.

(d) (i) A toll scheme approved of by the Minister under this section shall come into and be in force with the modifications, if any, therein made by the Minister on such day as may be determined by the road authority.

(ii) Notice of the day on which a toll scheme is to come into operation shall be published by the road authority concerned at least one month before such day in a newspaper circulating in the area in which the toll road to which the scheme relates will be situated.

(6) An explanatory statement relating to a toll scheme shall include—

(a) information in relation to the general arrangements for the construction, maintenance, improvement, management and operation of the toll road to which the scheme relates and for the payment of the cost of such construction, maintenance, improvement, management and operation,

(b) estimates of the capital cost and of the operating costs of the road, and

(c) estimates of the volume and kind of traffic that will use the road and the amounts of the tolls in respect of such traffic.

(7) The making of a toll scheme by a road authority shall be a reserved function within the meaning of the Cork City Management Acts, 1929 to 1971, the Local Government (Dublin) Acts, 1930 to 1971, the Limerick City Management Acts, 1934 to 1971, the Water-ford City Management Acts, 1939 to 1971, and the County Management Acts, 1940 to 1972.