Road Management

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 above, the road authority shall give at least one month’s notice to the occupier and/or owner, stating the purpose it proposes to enter the land for, specifying the functions it proposes to perform, requesting objections and representations if any and informing him of a right to apply for compensation.

Flooding Landslide Hazards

Where as a result of flooding, landslide, subsidence or other emergency, there is an immediate and serious hazard to persons using a public road or serious damage has been or will be done to it, a road authority may take immediate action to remove or reduce the hazard or prevent or reduce the damage.  It may enter land and carry out works for this purpose.  An owner who suffers loss and damage as a consequence of the exercise of the function shall be entitled to compensation.

However, in assessing compensation, regard shall be had, not only to any existing damage caused by the water draining from an existing public road but to additional damage resulting from the exercise of the road authority’s function.  The claim for compensation shall be made not later than six months after the date on which the activity, in respect of which the claim was completed, was made.  It shall be determined by arbitration under the Lands Clauses Act.

The owner or occupier of any land adjacent to a public road shall take reasonable steps to ensure that:

• water is not prevented, obstructed or impeded from draining into, onto, under or through his land from a public road,
• water, soil or other material is prevented from flowing or falling onto a public road from his land.

Water & Drainage

A road authority may serve a notice in writing on the owner or occupier of land adjacent to the public road requiring him to do specified works and take specified measures to ensure that water is not prevented, obstructed or impeded from draining to or from the road and to prevent water, soil or other material from flowing onto the road.

A person on whom a notice is served may appeal to the District Court within 14 days on the basis that

• he is not the owner or occupier of land, the circumstances is not recurring,
• compliance with
• the requirements will involve unreasonable expenses or
• an unreasonably short period is given.

The Court may confirm the notice, confirm it with conditions or annul the notice.

Where water obstructs or impedes a public road or water, soil or material flowing or falling onto a public road from any other land, presents an immediate and serious hazard to persons using a public road or has or is causing or will cause serious damage to a public road, the road authority may notwithstanding the above, take immediate action to remove or reduce the hazard.  Where the road authority takes action, it may recover the reasonable costs incurred by it from the owner or occupier as a simple contract debt.

A person who, without the consent of a road authority within 15 meters of a public road measured from its nearest edge, scours, deepens, widens or fills in any existing drain or excavates any new drain or interferes with or carries out any works which interfere with, a bridge, culvert, retaining wall, embankment or other structure providing lateral or other support for a public road, is guilty of an offence.

Consent may be given by the road authority subject to such conditions, restrictions and requirements as it thinks fit.  Non-compliance with the consent is an offence.

Interference with or Damage

A person who obstructs, impedes or otherwise interferes with a public right of way or destroys or damages it shall guilty of an offence. It is the function of a local authority to protect the right of the public to use public rights of way in its administrative area.

Where a road authority considers that the carrying out, with or without consent, of an activity above has damaged or will damage a public road, it may serve a notice in writing on the person carrying out the activity or the owner or occupier of the land, requiring that the activity cease forthwith.  Failure to comply is an offence.

A road authority may repair any damage and take measures to prevent or reduce any damage relating to an activity above and may, where it has not given its consent, recover from the person carrying out the activity or the owner or occupier of the land, as a simple contract debt, any costs reasonably incurred by it.

Authority Powers

Roads authority proposing to enter on land above, must serve a notice on the owner or occupier, stating it proposes to enter. An authorised officer of the Minister, the Authority or a road authority is entitled at all reasonable times to enter and inspect lands or things on the land for the purpose of any legislation, including the Roads Act, relating to the construction and maintenance of public roads or for any purpose incidental to it.

He shall be entitled in the performance of his functions to take with him persons and equipment as he considers necessary to assist in carrying out surveys, examinations, excavations, borings or tests, and take samples as he considers necessary. Where a person or authorised officer is refused entry, the Minister, Authority or road authority may apply to the District Court for an order authorising entry.

If, on a claim made to the Minister or Authority or road authority, it is shown that as a result of the exercise of these functions, a person has suffered damage, that person shall be entitled to compensation in respect of the damage from the relevant authority.  A claim must be made within six months after the damage is suffered, or such longer period as the court considers just where there are reasonable grounds for requiring a longer period and that it will be just and reasonable to extend the period.

When the Minister is satisfied in relation to a notice required to be served under the Act that there are reasonable grounds for dispensing with the service of notice and the dispensing with service of the notice will not cause injury or damage, he may dispense with the service of the notice.

A person who obstructs, impedes, or assists a person in obstructing or impeding the authority in the performance of its function is guilty of an offence. Most offences under the Act are subject to summary conviction to a fine up to €5,000 or, on indictment, a fine up to €250,000.

There is a provision for the commission of offences by corporate bodies.  Directors, managers, and secretaries of such bodies that consent to or connive with  or whose neglect is attributable to the criminal liability may also be convicted themselves.

Extinguishing Right of Way

Where a local authority proposes to extinguish a public right of way, it must follow a procedure in the Roads Act.  It must publish notice of the proposal showing a place where a map may be inspected, stating that objections and representations may be made to the local authority within a period of not less than two weeks.  A copy of the notice must be affixed on a prominent position at each end of the public right of way proposed to be extinguished for a period of at least 14 days.

The authority must consider objections and representations made.  If it is considered appropriate, it must afford persons making objections or representations, if they so request, to state their case at an oral hearing conducted by a person appointed by it.

A local authority having considered the report order may order the right of way to be extinguished.  A right of way relating to a national road or regional road shall not be extinguished without the consent of the Minister. When a public right of way is extinguished, the road authority is no longer responsible for the maintenance of the road.

The local authority, without prejudice to any existing private right of way, shall ensure the carrying out of works necessary to effect the extinguishment of a public right of way, for the safety of road users arising from the extinguishment and to ensure insofar as reasonably practicable that the land over which the public right of way has been extinguished does not become an eyesore.A notice of extinguishment is to be published in a newspaper in which the original notice was published.

The consideration of objections and representations and the report and recommendations of persons appointed and the making of the order are reserved functions.

Where a right of way is extinguished to facilitate the development of land, the authority is entitled to recover from the person developing the land, a reasonable proportion of the costs.  It may, by a notice in writing, require the developer to carry out such works as it considers necessary equivalent to those above in the context of the extinguishment.  Where the works are not done, the local authority may undertake the work and recover the cost.

Road Race

A person who intends to hold, organise or promote a road race shall give at least one month’s notice in writing to the Superintendent of the Garda Síochána for the relevant district. A road authority may by notice served on a person who intends to hold, organise or promote a road race or where the name of that person cannot be ascertained by reasonable inquiry, by notice published in one or more newspapers circulating in the area, may prohibit the holding of the road race, prohibit the holding of the race unless specified conditions, restrictions and requirements are complied with, impose specified conditions, restrictions or requirements in relation to the race which must be complied with.  They may include the giving of security or provision of an indemnity.  A breach of the above obligations is an offence.

The road authority may recover from the person who organises or promotes a road race, as a debt, any costs reasonably incurred in facilitating the holding of the race or repairing damage or removing defacement from the public road arising from the holding of the race.  The Minister may make regulations for these purposes.  In particular, requirements may be made in relation to giving of security and the making in consideration of objections.

A road authority may, by order for the purpose of facilitating a road race or other event, facilitating works or any other purpose, close a public road to traffic for such period and subject to such conditions as may be specified as it thinks fit.  Use of the public road in contravention of an order is an offence unless authorised in writing by the road authority.

A person who obstructs or interferes with the holding of a road race or other event or carrying out of works shall be guilty of an offence.  A person who organises or promotes a road race or other event or who carries out works or other activity in respect of which an order is in force is guilty of an offence if he contravenes any conditions specified in the order.

A road authority may recover from a person who holds, organises a road event or who carries out works or any other activity in respect of which an order above is in force, as a contract debt, costs reasonably incurred by it in facilitating the race or event and repairing damage or removing the defacement from the public arising from the race or event.  The Minister may make conditions in relation to the operation of the above provisions.