Roads Act, 1993

Toll schemes.

57.—(1) A road authority may make a scheme (“a toll scheme”) for the establishment of a system of tolls in respect of the use of a public road.

(2) 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, vehicles specially adapted for use by physically handicapped persons and vehicles providing public passenger transport services.

(3) A toll scheme shall—

(a) specify the public road or proposed public road in respect of the use of which it is proposed to establish a system of tolls,

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

(c) indicate the classes of vehicles which and 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 road users,

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

(4) A toll scheme shall be accompanied by an explanatory statement outlining the provisions of the scheme and its purpose and effect and shall include (as appropriate)—

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

(b) estimates of the capital cost of the road (where appropriate) and of the capital and operating costs of tolling 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.

(5) A road authority may make a toll scheme amending a toll scheme made by it that is in force.

(6) The making of a toll scheme in relation to a regional road or a local road shall be a reserved function.

(7) (a) Before making a toll scheme in relation to a national road, the Authority shall send a copy of the draft scheme to the appropriate road authority under section 13 and serve a notice on the authority stating—

(i) that a draft toll scheme has been prepared and that it is proposed to submit it to the Minister for his approval, and

(ii) that representations may be made in writing to the Authority in relation to the draft scheme before a specified date (which shall be not less than six weeks from the date of the notice).

(b) The Authority shall consider any representations made to it under this subsection and not withdrawn.

(c) The making of representations by a road authority under this subsection shall be a reserved function and shall be without prejudice to the right of that authority to make objections to the Minister under section 58 .