Motorways

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 to such land, nor shall a right to such direct access be granted at any time.

Direct access from any land adjoining a motorway to or from the motorway may be granted by a road authority to the Railway Procurement Agency, an applicant or a railway undertaking in respect of a railway authorised under the Transport (Railway Infrastructure) Act.   This may be subject to such conditions as the road authority decides.

Restricted Use

The Minister may prescribe classes of vehicles which may be permitted to use a motorway and different classes of vehicles may be prescribed in relation to motorways generally, particular motorways or particular parts of particular motorways.

Conditions in relation to motorways generally, particular motorways or particular parts of particular motorways by vehicles or classes of vehicles may be prescribed, and different conditions may be prescribed for different classes of vehicles.

Pedestrians and pedal cyclists shall not use a motorway.  Persons in charge of or having control over animals shall not permit them to be on a motorway.  A person who uses a motorway in contravention of the conditions or regulations made above is guilty of an offence.

Busway

A busway is a public road or proposed public road specified to be a busway in a busway scheme.  A person shall not have or be entitled to direct access from land adjoining a busway to and from the busway, nor such access be granted.

The Minister may prescribe classes of vehicles which shall be permitted to use a busway and different classes of vehicles may be prescribed in relation to busways generally, particularly busways or parts of busways.  Conditions in relation to the use generally of busways may be prescribed for different classes of users and different users and different vehicles.

Pedestrians other than for the purposes of access to or from vehicles prescribed above and pedal cyclists shall not use a busway.  Persons in charge of or having control of animals shall not permit them to be on a busway.  A person who uses a busway in contravention of regulations is guilty of an offence.

Protected Road

A protected road means a public road or proposed public road approved under a scheme under the legislation.  A protected road scheme approved by the Minister may provide for a prohibition, closure, stopping up, removal, alteration, diversion, or restriction of all or any means of access to the protected road from specified land or from the specified land used for specified purposes or to such land from the protected road.

A protected road scheme approved by the Minister may prohibit and restrict the use of the protected road or any part thereof by specified types of vehicles and specified classes of vehicles.  It shall not prohibit or restrict such use by ambulances or fire brigade vehicles, vehicles used by members of the Garda Síochána or the Defence Forces in the course of their duties or for the purpose of maintaining the road.  Breach of the prohibition or restrictions above constitutes an offence.

N0 Permission for Opening

An Bord Pleanála or any planning authority shall not grant planning permission for the development of any land which would develop or involve direct access to or from a motorway or busway or would contravene the provisions of a protected roadway scheme.

They may not permit any development of land proposed to be compulsorily acquired under a scheme made by the road authority.  They may not permit the development of land where such development would materially affect the exercise by the road authority of the rights to be compulsorily acquired in relation to land under a scheme.

They may not permit the development of land which would contravene the provisions of a scheme by the road authority above. Where the Minister refuses to approve a scheme, the above provision shall cease to apply with effect from such date.

Compensation under the Planning Act shall not be payable in respect of refusal of permission for development in respect of the imposition, granting of permission for development or any condition relating to the prohibition of direct access to or from a motorway or a busway or the prohibition, closure, stopping up, removal, diversion or restriction of direct access to and from a protected road.

Opening Access Prohibited

No person shall undertake any development of land which would permit or involve direct access to and from a motorway or busway or would contravene the provisions of an approved protected road scheme relating to direct access to and from it.

Where direct access from any land to a motorway or busway has been constructed or otherwise provided, in contravention of the provision, the roads authority may, without giving notice, take all steps necessary to close and remove the means of access and may recover the cost from the owner as a simple contract debt.

There are similar provisions in relation to contravening a protected road scheme authorised by the Minister.  Any person who constructs, provides, or attempts to construct a direct means of access above is guilty of an offence.