Dublin Transport Authority (Dissolution) Act, 1987

Amendment of Part VIII of Road Traffic Act, 1961.

9.—The Act of 1961 is hereby amended by the insertion in Part VIII of the following sections after section 101:

“Control of vehicles by bollards and ramps.

101A.—(1) In this section—

‘bollard’ means a pole, post or similar device inserted into or affixed vertically or nearly vertically to the surface of a roadway or footway;

‘ramp’ means an artificial hump in or on the surface of a roadway;

‘reserved function’ means—

(a) with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1985, a reserved function for the purposes of those Acts,

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(2) A road authority may, in the interest of the safety of road users, provide in its functional area either permanently or for such period as it considers appropriate—

(a) bollards on a roadway or footway for the purpose of preventing or restricting the use of a public road by mechanically propelled vehicles or animal-drawn vehicles,

(b) ramps on a roadway for the purpose of restricting the speed of mechanically propelled vehicles on a public road.

(3) A road authority may remove bollards or ramps provided by it under this section.

(4) (a) Where a road authority proposes to provide a bollard or ramp under this section or remove a bollard or ramp provided permanently under this section, it shall—

(i) give notice of the proposal in the prescribed manner and the notice shall indicate

(I) in case the proposal relates to the provision of the bollard or ramp, the period for which it will be provided,

(II) that objections may be made to the proposal and any such objections shall be made in writing to the road authority concerned during a specified period, not being less than one month from the date of the giving of the notice, and

(III) that a person making an objection who wishes to state his objection orally, may so request in writing,

(ii) consider any written objection made to it and not withdrawn in relation to the proposal,

(iii) afford to any person making an objection and who so requests in writing an opportunity to state his objection before a person or persons appointed by the road authority who shall consider his objection and report thereon to the authority,

(iv) consult with the Commissioner who shall furnish any observations on the proposal to the road authority within two months of the consultation.

(b) The road authority, having considered any objections to the proposal and any report or observations under paragraphs (iii) and (iv) of paragraph (a) of this section, shall make a decision in relation to the proposal and shall—

(i) give notice of its decision in the prescribed manner, and

(ii) notify any objectors in writing of the decision.

(5) The making of a decision under subsection (4) of this section and the consideration of objections under that subsection shall be reserved functions.

(6) (a) The Minister may make regulations for the purpose of enabling this section to have full effect.

(b) Regulations under this subsection may, in particular but without prejudice to the generality of paragraph (a) of this subsection—

(i) specify the manner in which notice of a proposal under paragraph (a), or a decision under paragraph (b), of subsection (4) of this section shall be given,

(ii) specify requirements in relation to the provision of bollards and ramps under this section and in relation to the bollards and ramps to be so provided, including (without prejudice to the generality of the foregoing) regulations specifying standards of manufacture, construction and installation of bollards and ramps,

(iii) require the provision of lighting and specified traffic signs at and in the vicinity of bollards and ramps so provided, and

(iv) specify classes of public roads on which bollards or ramps may, or shall not, be provided.

(c) A road authority shall comply with any regulation for the time being in force under this section.

(7) Any regulations under section 32 of the Dublin Transport Authority Act, 1986 , that are in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made under this section.

(8) A bollard or ramp provided under this section shall be deemed to be a structure forming part of the public road concerned and necessary for the safety of road users.

(9) (a) A person who, without lawful authority, removes or damages or attemptsto remove or damage a ramp or bollard provided under this section shall be guilty of an offence.

(b) An offence under this subsection may be prosecuted by the road authority in whose functional area the acts constituting the offence were done.

(10) A road authority shall not provide a bollard or ramp save under and in accordance with this section.

Immobilisation, removal etc. of unlawfully parked vehicles.

101B.—(1) In this section—

‘authorised person’ means a person, or a member of a class of persons, prescribed for the purposes of this section;

‘immobilisation device’ means any device or appliance designed or adapted for fixing to a vehicle for the purpose of preventing it from being driven or otherwise put in motion;

‘vehicle’ means a mechanically propelled vehicle.

(2) Where an authorised person finds on a public road a vehicle that is parked in contravention of any prohibition or restriction imposed under section 90 of this Act, he or a person acting under his direction may—

(a) fix an immobilisation device to the vehicle while it remains in the place where he finds it, or

(b) move it from the place where he finds it (whether or not he has fixed an immobilisation device to it) to another place and fix an immobilisation device to it in that other place.

(3) When fixing an immobilisation device to a vehicle, there shall also be affixed to the vehicle a notice in the prescribed form—

(a) indicating that the device has been fixed to the vehicle and warning that an attempt should not be made to drive it or otherwise put it in motion until the device is removed,

(b) specifying the steps to be taken to secure such removal, and

(c) giving such other information (if any) as may be prescribed.

(4) Subject to subsection (5), an immobilisation device that has been fixed to a vehicle under this section may be removed only by an authorised person or a person acting under his direction.

(5) (a) An immobilisation device fixed to a vehicle under this section shall be removed only—

(i) if the person seeking its removal shows to the satisfaction of any authorised person that he is the owner of the vehicle or is authorised by its owner to seek such removal and pays the prescribed charge,

(ii) for the purpose of the removal of the vehicle under section 97 of this Act, or

(iii) for the purpose of moving the vehicle under subsection (2) of this section.

(b) Where the owner of a vehicle that is parked and to which an immobilisation device has been fixed under this section shows to the satisfaction of any authorised person that the vehicle was so parked while being used by a person other than the owner and that such use was not authorised by the owner, the authorised person shall waive the prescribed charge and he or a person acting under his direction shall remove the immobilisation device from the vehicle.

(c) An immobilisation device fixed to a vehicle under this section shall be removed therefrom as soon as is reasonably practicable after the payment of the prescribed charge or after the waiver of such charge, as the case may be.

(6) A notice affixed to a vehicle under this section shall not be removed or interfered with by a person other than the owner of the vehicle or a person authorised by such owner to use the vehicle and a person who contravenes this subsection shall be guilty of an offence.

(7) A person who—

(a) obstructs or impedes an authorised person, or a person acting under his direction, in the performance of his functions under this section, or

(b) without being authorised to do so under this section, removes or attempts to remove from a vehicle an immobilisation device fixed to it under this section,

shall be guilty of an offence.

(8) (a) An immobilisation device shall not be fixed under this section to an ambulance, a fire brigade vehicle or any vehicle used by a member of the Garda Síochána in the performance of his duties as such member.

(b) This section shall not apply to a vehicle on which there is prominently displayed a valid permit for a disabled driver under bye-laws or temporary rules under section 90 of this Act.

(9) The Minister may, after consultation with the Minister for Justice, make regulations for the purpose of enabling full effect to be given to this section and such regulations may, in particular, but without prejudice to the generality of the foregoing, specify requirements in relation to:

(a) the type of immobilisation device to be used,

(b) the form of a notice under subsection (3) of this section,

(c) the amount of the charge under subsection (5) of this section and the manner in which and the person to whom such charge shall be paid.

(10) Any regulations under section 34 of the Dublin Transport Authority Act, 1986 , that are in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made under this section.

Control of access to and egress from construction sites by vehicles.

101C.—(1) A road authority may, after consultation with the Commissioner, make bye-laws providing for the regulation and control of access to and egress from construction sites generally or a specified class of construction site or a specified construction site by vehicles or a specified class of vehicle.

(2) Bye-laws under this section may, in particular but without prejudice to the generality of subsection (1) of this section—

(a) specify the times and days during which such access and egress as aforesaid is permitted,

(b) specify the number of vehicles permitted to have such access and egress during specified periods, and

(c) require vehicles or a specified class of vehicle to be cleaned before leaving a construction site or a specified class of construction site or a specified construction site.

(3) A person who contravenes a bye-law under this section shall be guilty of an offence.

(4) This section shall not apply to construction sites for the purpose of the widening of or other alteration to, or the carrying out of repairs, maintenance or other works to, above or under, a public road or the construction of a public road.

(5) Sections 219 and 221 to 223 of the Public Health (Ireland) Act, 1878 , shall apply to bye-laws under this section as they apply to bye-laws under that Act.

(6) Any bye-laws under section 41 of the Dublin Transport Authority Act, 1986 , and in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made under this section.

Roadworks.

101D.—(1) In this section—

‘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

standing prescribed for the time being for the purposes of this section;

‘roadworks’ means repairs, maintenance, alterations, improvements or installations or any other works to, above or under, a public road;

‘emergency roadworks’ means roadworks the carrying out of which is immediately required in order to prevent, or reduce the risk of, loss, injury or damage to persons or property.

(2) (a) Notwithstanding any other enactment, a local authority may give a direction in writing to any person in relation to the carrying out of roadworks in its functional area.

(b) A local authority may, by a direction in writing given to the person to whom a direction was given under this subsection, revoke or amend the latter direction.

(c) A direction given to a person under this subsection may apply to all roadworks undertaken by the person or to specified roadworks undertaken by him.

(3) A direction under subsection (2) of this section may specify:

(a) the periods during which and the times at which roadworks shall or shall not be carried out,

(b) the period within which roadworks shall be completed,

(c) the manner in which roadworks shall or shall not be carried out,

(d) requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of roadworks.

(e) requirements in relation to the giving of security for satisfactory reinstatement of a public road following the carrying out of roadworks,

(f) requirements in relation to the control of traffic in the vicinity of roadworks.

(4) When giving a direction under this section, a local authority shall have regard to:

(a) the need to co-ordinate, in such manner as to minimise any disruption of traffic by the roadworks concerned, the periods during which and the times at which the roadworks concerned and other roadworks (whether or not they are in the functional area of the local authority) are carried out,

(b) the necessity to minimise the disruption to traffic caused by the roadworks concerned and other roadworks,

(c) the urgency of the need to carry out the roadworks, and

(d) any cost likely to be incurred as a result of the direction.

(5) (a) Subsection (2) of this section does not apply to the carrying out of roadworks (being roadworks the carrying out of which would, but for this subsection, be in contravention of a direction or regulations under this section) at any time when the person carrying them out reasonably believes that the roadworks are emergency roadworks,

(b) Paragraph (a) of this subsection shall not be construed as preventing a local authority from giving a direction under subsection (2) of this section where it is satisfied that the carrying out of the roadworks concerned is not, or is no longer, immediately required in orderto prevent or reduce the risk of loss, injury or damage to persons or property.

(6) (a) The Minister may make regulations for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such regulations may contain provisions:

(i) specifying local authorities and the areas in which they may perform their functions under this section,

(ii) requiring advance notice of proposed roadworks, other than emergency roadworks, to be given to the local authority concerned,

(iii) requiring notice of emergency roadworks to be given to the local authority concerned as soon as may be after their commencement,

(iv) requiring specified information to be given to the local authority concerned regarding—

(I) proposed roadworks, or

(II) emergency roadworks,

(v) specifying time limits for the giving of directions by local authorities,

(vi) specifying requirements and standards for the temporary or permanent reinstatement of roadworks,

(vii) specifying requirements in relation to traffic control in the vicinity of roadworks.

(b) Different regulations may be made under this subsection:

(i) in respect of different local authorities,

(ii) in respect of different areas of the functional area of a local authority,

(iii) in respect of different types of roadworks,

(iv) for different circumstances.

(7) (a) A person who contravenes a direction or regulation under this section shall be guilty of an offence and shall be liable:

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(b) Where an offence under this subsection has been committed by a body corporate and is found to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(c) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which paragraph (a) of this subsection relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in the said paragraph (a) and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(8) (a) Local authorities or the Minister shall not be liable for any loss, injury or damage, or any expenditure incurred by another person by reason of the performance or non-performance of their functions under this section.

(b) Subsection (2) of this section does not apply to the carrying out of roadworks by a local authority.

(9) In performing its functions a local authority shall—

(a) have regard to the need to co-ordinate works carried out by it to, above or under, a public road with the carrying out of roadworks by other persons,

(b) have regard to the need to minimise traffic disruption,

(c) comply with regulations under subsection (6) which are stated therein to apply to local authorities.

(10) Any bye-laws or directions under section 40 of the Dublin Transport Authority Act, 1986 , that are in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if, in the case of bye-laws, they were regulations under this section and, in the case of directions, had been made under this section.”.