Dublin Transport Authority Act, 1986


40.—(1) Notwithstanding any other enactment, the Authority may direct in respect of any public road in the Authority's functional area the periods during which, the times at which and the manner in which roadworks may be carried out.

(2) In exercising the powers conferred on it by this section the Authority shall have regard to—

(a) the need for co-ordination in relation to the execution of roadworks;

(b) the necessity to minimise disruption to traffic;

(c) the urgency of particular roadworks; and

(d) any expense likely to arise as a result of a direction under this section.

(3) Nothing in this section shall prevent the carrying out of roadworks of an emergency nature, that is to say, roadworks the carrying out of which is essential in order to eliminate or reduce danger or risk to persons or property.

(4) The Authority, with the consent of the Minister for the Environment, may make bye-laws for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such bye-laws may contain provisions relating to all or any of the following matters—

(a) requiring advance notice of proposed roadworks;

(b) requiring specified information to be given regarding proposed roadworks;

(c) notification by the Authority within specified time-limits of decisions regarding proposed roadworks.

(5) A person who contravenes a direction or bye-laws under this section shall be guilty of an offence.

(6) Nothing in this section shall render the Authority liable for any loss or injury caused by roadworks to which this section relates or for any expense arising as a result of a direction under this section.

(7) In this section “roadworks” means the carrying out of repairs, maintenance or any other works to, above or under, a public road but does not include the construction of a new road.