Highway at Common Law A highway at common law is a way over which members of the public may pass and re-pass. The land over which the way runs is a highway. A highway need not be a thoroughfare. A cul-de-sac may be a highway, notwithstanding that it is not a thoroughfare. The fact that it leads to nowhere may be a factor against inferring […]
Duties of Road Users It is the duty of every person using a public road to take reasonable care for his own safety and that of any other person using the public road. It is the duty of a person using a public road to take all reasonable measures to avoid injury to himself or any other person using the public road and damage to […]
NRA & Councils The Roads Act 1993 to 2007 established the National Roads Authority. It modernised the law regarding roads. Many of the key functions in relation to road development are undertaken by the Department of Public Expenditure with the consent of the Department of Finance. The functions of the Minister in relation to the compulsory acquisition of land under Roads legislation were transferred to […]
Overview A motorway means a public road specified to be a motorway in a motorway scheme approved under the legislation or a national road or proposed road development for the construction of a national road declared to be a motorway. A person shall not have or be entitled to have direct access from any land adjoining a motorway to the motorway or from the motorway […]
The NRA The National Roads Authority was established by the Roads Act 1993. Its functions are subject to directions and guidelines as may be given by the Minister. It is the duty of the Authority to secure the provision of a safe and efficient network of national roads. For that purpose, it has overall responsibility for the planning and supervision of works for the construction […]
Drains & Water A road authority may construct and maintain drains under or through land for the purpose of draining water from or preventing water from flowing onto a public road. It may use any land for temporary storage or preparation of gravel, stone, earth and other material required for the construction and maintenance of a public road. Before entering lands to perform the functions […]
Temporary Dwellings A person who without lawful authority erects, places or retains a temporary dwelling on a national road, motorway, busway or protected road is guilty of an offence. Any person who without lawful authority or the consent of the road authority places any temporary dwelling on any other prescribed road or class, subclass or type of road is guilty of an offence. Consent in […]
Toll Schemes The Roads Acts deal with the provision and operation of toll roads. A road authority may prepare a scheme for the establishment of a system of tolls in respect of the use of a public road. A scheme shall specify the public roads concerned, the classes of vehicles and users who must pay the toll, classes of road users who are charged tolls […]
Preserving Rights of Way Planning authorities may include the preservation of rights of way as an objective in their devlopment plan. Notice of the objective when first included is served on owners and occupiers. The the owner or occupier may appeal to the Circuit court. The court make a declaration as to whether a right-of-way exists. The presence of the right-of-way in the development plan […]