{"id":19478,"date":"2022-10-16T15:20:58","date_gmt":"2022-10-16T15:20:58","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19478"},"modified":"2024-04-13T22:29:02","modified_gmt":"2024-04-13T22:29:02","slug":"tolls-and-finance","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/tolls-and-finance\/","title":{"rendered":"Tolls and Finance"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Toll_Schemes\" title=\"Toll Schemes\">Toll Schemes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Exemptions\" title=\"Exemptions\">Exemptions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Making_Scheme\" title=\"Making Scheme\">Making Scheme<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Bye-Laws\" title=\"Bye-Laws\">Bye-Laws<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Agreements_to_Operate\" title=\"Agreements to Operate\">Agreements to Operate<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Payment_of_Toll\" title=\"Payment of Toll\">Payment of Toll<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Notice_of_Charge\" title=\"Notice of Charge\">Notice of Charge<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Enforcement_of_Toll\" title=\"Enforcement of Toll\">Enforcement of Toll<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/#Ministerial_Direction\" title=\"Ministerial Direction\">Ministerial Direction<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#ROADS_ACT\" title=\"ROADS ACT\">ROADS ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Definitions_for_Part_V\" title=\"Definitions for Part V.\">Definitions for Part V.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Toll_schemes\" title=\"Toll schemes.\">Toll schemes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Scheme_prepared_under_section_57_of_Roads_Act_1993_to_be_adopted_by_road_authority\" title=\"Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.\">Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Power_to_charge_tolls\" title=\"Power to charge tolls.\">Power to charge tolls.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Revocation_of_toll_scheme\" title=\"Revocation of toll scheme.\">Revocation of toll scheme.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Toll_bye-laws\" title=\"Toll bye-laws.\">Toll bye-laws.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Exemption_from_tolls\" title=\"Exemption from tolls.\">Exemption from tolls.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Agreements_for_financing_maintenance_construction_and_operation_of_toll_roads\" title=\"Agreements for financing, maintenance, construction and operation of toll roads.\">Agreements for financing, maintenance, construction and operation of toll roads.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Offences_under_Part_V\" title=\"Offences under Part V.\">Offences under Part V.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Access_to_records\" title=\"Access to records.\">Access to records.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Toll_regulations\" title=\"Toll regulations.\">Toll regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Continuance_of_existing_schemes_bye-laws_and_agreements\" title=\"Continuance of existing schemes, bye-laws and agreements.\">Continuance of existing schemes, bye-laws and agreements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Ministerial_policy_directives_on_road_tolling\" title=\"Ministerial policy directives on road tolling.\">Ministerial policy directives on road tolling.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/tolls-and-finance\/2\/#Transitional_provisions_regarding_toll_schemes\" title=\"Transitional provisions regarding toll schemes.\">Transitional provisions regarding toll schemes.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Toll_Schemes\"><\/span>Toll Schemes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Roads Acts deal with the provision and operation of toll roads.\u00a0 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<\/p>\n<ul>\n<li>the public roads concerned,<\/li>\n<li>the classes of vehicles and users who must pay the toll,<\/li>\n<li>classes of \u00a0road users who are charged tolls in relation to such use,<\/li>\n<li>estimates of the amounts of tolls that are proposed to charge in respect of the use of the toll road.<\/li>\n<\/ul>\n<p>The scheme must be accompanied by an explanatory statement setting out its provisions, including<\/p>\n<ul>\n<li>information on the general arrangement for the construction, maintenance and operation of the road,<\/li>\n<li>payment of cost and construction,<\/li>\n<li>maintenance and operation,<\/li>\n<li>estimates of capital cost and<\/li>\n<li>\u00a0estimates of the volume and kind of traffic that will use it.<\/li>\n<\/ul>\n<p>The toll scheme may be amended.\u00a0 The making of the scheme in relation to a regional or local road is a reserved function.<\/p>\n<p>Existing schemes, byelaws and agreements under the prior 1979 legislation are continued and are deemed to apply under the new legislation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exemptions\"><\/span>Exemptions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In doing so, it must give special consideration to the question of exemption from tolls under the scheme for<\/p>\n<ul>\n<li>pedestrians,<\/li>\n<li>pedal bikes,<\/li>\n<li>invalid carriages,<\/li>\n<li>vehicles specially adapted for physically handicapped persons and<\/li>\n<li>vehicles providing public passenger transport services.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Making_Scheme\"><\/span>Making Scheme<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The National Road Authority, before adopting a scheme prepared in relation to a national road, must send a copy of the appropriate authority and seek representations which it must have regard to making the representations as a reserved function.<\/p>\n<p>A proposed road toll scheme must be publicised in a newspaper circulating the area.\u00a0 It must indicate times and places during which the scheme may be inspected.\u00a0 At least two weeks must be allowed to make representations.\u00a0 If there is an objection, the road authority shall cause a hearing to be held into the matters to which the objection relates. \u00a0A report is made based on the recommendations of the persons appointed to make the hearing.<\/p>\n<p>The toll scheme adopted by the road authority shall come into force with modification, if any, made by the road authority as it determines.\u00a0 Notice of the making of the toll scheme is to be published.<\/p>\n<p>There is a provision for the modification and revocation of a toll scheme.\u00a0 The scheme and procedure are broadly similar to that with respect to making the scheme.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Bye-Laws\"><\/span>Bye-Laws<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road authority may charge and collect tolls in such amounts as may be specified in byelaws made under the powers below.\u00a0 It may provide buildings, structures, works and apparatus as it considers necessary in connection with charging and collection of tolls.\u00a0 It may enter agreements in relation to collection of tolls authorising their collection.<\/p>\n<p>The roads authority may make byelaws in relation to the operation and management of a toll road.\u00a0 The National Roads Authority is to consult with the appropriate road authority when making byelaws in relation to a national road.<\/p>\n<p>Byelaws may specify the amount of the toll charges, charges referable to classes, times of the year, days of the year and times.\u00a0 It may provide for issue, inspection and collection of tickets, vouchers, permits, tokens and other forms of authorization.\u00a0 It may specify who is liable for the tolls.\u00a0 It may provide that a person may not use the road without paying the requisite tolls.<\/p>\n<p>The making of toll byelaws is a reserved function in relation to a regional road or local road.\u00a0 Before making byelaws, the road authority is to publish drafts and give an opportunity for persons to make representations.\u00a0 It is to consider objections and representations before confirming the byelaws.\u00a0 Contravention of the byelaws is an offence.<\/p>\n<p>They shall be exempt from payment of tolls the following:<\/p>\n<ul>\n<li>ambulance and fire brigade vehicles,<\/li>\n<li>vehicles used by the members of the Garda Siochana and Defence Forces in the performance of their duties,<\/li>\n<li>such other classes of vehicles or road users as the Minister designates.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Agreements_to_Operate\"><\/span>Agreements to Operate<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a road toll scheme is adopted, the road authority may enter into an agreement with another person or entity upon such terms as may be specified to do one or more of the following functions.<\/p>\n<ul>\n<li>pay some or all of the cost of construction or maintenance, construction, assistance, construction and maintenance<\/li>\n<li>operate, manage including supervision, operation of the system of tolls in respect of the use of the road<\/li>\n<li>such other ancillary things<\/li>\n<\/ul>\n<p>The road authority may enter different agreements with different providers in respect of any of the above services. Entry into an agreement is a reserved function.<\/p>\n<p>Where a toll charge is payable is unpaid for the period specified in the byelaws, a default toll in accordance with the byelaws of not more than the amount specified may be charged and payable.\u00a0 Byelaws may provide that the amount of the default toll which shall be increased by such amount where it is not paid within such period as may be specified.<\/p>\n<p>It may take into account the administrative costs of charging and collecting a default toll.\u00a0 It may specify different amounts in respect of different classes of tolls, roads, and vehicles.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Payment_of_Toll\"><\/span>Payment of Toll<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a toll is payable in relation to a vehicle, the registered owner and the person whom the road undertaken concerned can reasonably ascertain keeps and possesses the vehicle in the State are liable.<\/p>\n<p>Where the vehicle is not registered in the State, persons whom the road undertaking concerned can reasonably ascertain, own or keep or have possession or charge of the vehicle in the state is liable.\u00a0 A person may\u00a0 enter an agreement with the road undertaking in respect of payments of tolls<\/p>\n<p>Each of the above together with the driver of the road whether or not mentioned above is jointly and severally liable to pay the toll.\u00a0 The amount of any toll due and payable is recoverable as a simple contract debt by the road or undertaking in any court of competence jurisdiction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Notice_of_Charge\"><\/span>Notice of Charge<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Notice of charge of a toll may be served by a person on a person by the road undertaking by post where he ordinarily resides or if an address for services has been provided at that address or where arrangements have been made with the road undertaking by such means as may be set out in those arrangements. It is presumed until a contrary is shown that the defendant received the notice and proceedings and that the payment of the toll has not been made.<\/p>\n<p>A document signed by an officer of the road undertaking stating that the mechanically propelled vehicles in relation to which proceedings are taken together with photographs with evidence or other evidence from a camera or apparatus for the identification of the vehicle may be produced and is presumptive evidence until the contrary is shown.\u00a0 It is not necessary to show that the camera or apparatus is in working order.<\/p>\n<p>Where a road authority may approve apparatus or cameras and the location of them to be set up and operated by the road undertaking having charge of the toll roads for the purpose of recording the date and time of vehicles passing.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Enforcement_of_Toll\"><\/span>Enforcement of Toll<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who fails to pay a toll is guilty of an offence.\u00a0 A person who neglects or refuses to pay to obey a lawful instruction or direction of a person authorised by a road or undertaking to provide or operate, manage a toll road or collect or charge a toll road is guilty of an offence.<\/p>\n<p>A person guilty of an offence may be subject to a fine of up to \u20ac5,000 or imprisonment of up to six months or both.<\/p>\n<p>A road undertaking may, for the purpose of charging and collecting payment of tolls, have access to licensing records on payment of such fees to cover the administrative costs thereof.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ministerial_Direction\"><\/span>Ministerial Direction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may make toll regulations for the purpose of the legislation. A toll scheme may provide for the application of monies to the road authority.<\/p>\n<p>The Minister may give policy directives to road authorities regarding the exercise of their functions in relation to toll roads.\u00a0 Copies of the policy directives must be laid before both houses of the Oireachtas.\u00a0 It must be made available by the road authority for inspection by the public.\u00a0 The Minister shall not issue a directive in relation to a particular toll scheme.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROADS ACT<\/h2>\n<p>PART V<\/p>\n<p>Toll Roads<\/p>\n<p>Section 56<\/p>\n<h4>Definitions for Part V.<\/h4>\n<p>F85[56.\u2014 In this Part\u2014<\/p>\n<p>&#8220;consumer-hire agreement&#8221; and &#8220;hire-purchase agreement&#8221; have the meanings assigned to them, respectively, in the Consumer Credit Act 1995;<\/p>\n<p>&#8220;default toll&#8221; means a toll charged and payable in accordance with bye-laws under section 61 in respect of a mechanically propelled vehicle where the toll initially charged and payable in respect of that vehicle for the use of a toll road has not been paid;<\/p>\n<p>&#8220;licensing records&#8221; means records maintained under section 60(2) (inserted by section 86 of the Finance Act 1994 as amended by section 7 of the Motor Vehicle (Duties and Licences) Act 2003) of the Finance Act 1993;<\/p>\n<p>&#8220;mechanically propelled vehicle&#8221; has the meaning assigned to it by the Act of 1961;<\/p>\n<p>&#8220;owner&#8221; means\u2014<\/p>\n<p>(a) in relation to a vehicle (other than a vehicle specified in paragraph (b)), the person by whom the vehicle is kept, or<\/p>\n<p>(b) in relation to a vehicle which is the subject of a hire-purchase or consumer-hire agreement, the person in possession of the vehicle under the agreement;<\/p>\n<p>&#8220;registered in the State&#8221; in relation to a vehicle, means the vehicle is entered in the register established and maintained by the Revenue Commissioners under section 131 of the Finance Act 1992 or in respect of which a licence has been taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952;<\/p>\n<p>&#8220;registered owner&#8221; in relation to a vehicle, means where the vehicle\u2014<\/p>\n<p>(a) is registered in the State, the owner of the vehicle whose name is most recently entered in licensing records, or<\/p>\n<p>(b) is used under a trade licence issued under section 21 of the Finance (No. 2) Act 1992, the holder of the licence;<\/p>\n<p>&#8220;road authority&#8221; means\u2014<\/p>\n<p>(a) in the case of a national road \u2014 the Authority, and<\/p>\n<p>(b) in the case of a regional road or local road \u2014 the local authority in whose functional area the road is situated;<\/p>\n<p>&#8220;road undertaking&#8221; means, in relation to a toll road\u2014<\/p>\n<p>(a) a road authority, or<\/p>\n<p>(b) where the road authority has entered into\u2014<\/p>\n<p>(i) an agreement with another person under section 63 in relation to any of the matters referred to in paragraph (e) of that section, or<\/p>\n<p>(ii) an arrangement with a partner under section 3(1) of the State Authorities (Public Private Partnership Arrangements) Act 2002 in relation to any of the matters referred to in paragraph (a) of that subsection,<\/p>\n<p>that other person or partner;<\/p>\n<p>&#8220;toll&#8221; means a toll (including a default toll) chargeable under this Part;<\/p>\n<p>&#8220;toll road&#8221; means a public road or proposed public road in respect of which a toll scheme is in force;<\/p>\n<p>&#8220;toll scheme&#8221; means a scheme under section 57.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F85<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 2, commenced on enactment.<\/p>\n<p>Section 57<\/p>\n<h4>Toll schemes.<\/h4>\n<p>57.\u2014F86[(1) A road authority may prepare a scheme for the establishment of a system of tolls in respect of the use of a public road.]<\/p>\n<p>(2) F86[In preparing a scheme under subsection (1)], 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.<\/p>\n<p>(3) A F86[scheme prepared under subsection (1)] shall\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) indicate the classes of vehicles and road users for whose use the toll road is intended,<\/p>\n<p>(c) indicate the classes of vehicles which and road users who will be charged tolls in respect of such use,<\/p>\n<p>(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,<\/p>\n<p>F87[(e) specify the manner and method of the charging of and collection of tolls,<\/p>\n<p>(f) specify such other information as the road authority making the scheme considers appropriate or the Minister prescribes by regulations.]<\/p>\n<p>(4) A F86[scheme under subsection (1)] shall be accompanied by an explanatory statement outlining the provisions of the scheme and its purpose and effect and shall include (as appropriate)\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) estimates of the capital cost of the road (where appropriate) and of the capital and operating costs of tolling the road, and<\/p>\n<p>(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.<\/p>\n<p>F86[(5) A road authority may prepare a scheme amending a toll scheme adopted by it under section 58.]<\/p>\n<p>(6) The making of a F86[scheme prepared under subsection (1)] in relation to a regional road or a local road shall be a reserved function.<\/p>\n<p>F88[(7) (a) The Authority shall, before adopting, under section 58, a scheme prepared under subsection (1) in relation to a national road, send a copy of the scheme to the appropriate road authority under section 13 and serve a notice on the road authority stating\u2014<\/p>\n<p>(i) that a scheme under subsection (1) has been prepared, and<\/p>\n<p>(ii) that representations may be made in writing to the Authority in relation to the scheme before such date as is specified in the notice (being not less than 6 weeks from the date of service of the notice).<\/p>\n<p>(b) The Authority shall consider any representations made to it pursuant to a notice under paragraph (a).<\/p>\n<p>(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 Authority under section 58.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F86<br \/>\nSubstituted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 271(a) to (f), S.I. No. 449 of 2000.<\/p>\n<p>F87<br \/>\nSubstituted(11.07.2007) by Roads Act 2007 (34\/2007), s. 3, commenced on enactment.<\/p>\n<p>F88<br \/>\nSubstituted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 271(e), S.I. No. 449 of 2000.<\/p>\n<p>F89<br \/>\nInserted by Road Traffic and Roads Act 2023 (16\/2023), s. 40, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C46<br \/>\nProspective affecting provision: subs. (2) amended by Road Traffic and Roads Act 2023 (16\/2023), s. 40, not commenced as of date of revision.<\/p>\n<p>(2) F86[In preparing a scheme under subsection (1)], a road authority shall give special consideration to the question of exempting from tolls under the scheme pedestrians, F89[powered personal transporters,] pedal cycles, invalid carriages, vehicles specially adapted for use by physically handicapped persons and vehicles providing public passenger transport services.<\/p>\n<p>C47<br \/>\nApplication of section restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15\/2008), s. 74(6), S.I. No. 458 of 2008.<\/p>\n<p>Relationship between Authority and NRA.<\/p>\n<p>74.\u2014&#8230;<\/p>\n<p>(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only\u2014<\/p>\n<p>(a) make a toll scheme under section 57,<\/p>\n<p>&#8230;<\/p>\n<p>of that Act with the consent of the Authority.<\/p>\n<p>&#8230;<\/p>\n<p>Section 58<br \/>\nF90[<\/p>\n<h4>Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.<\/h4>\n<p>58.\u2014(1) A road authority shall publish in one or more newspapers circulating in the area where the proposed toll road is located or is to be located a notice\u2014<\/p>\n<p>(a) stating that a draft toll scheme has been prepared,<\/p>\n<p>(b) indicating the times at which, the period (being a period of not less than one month from the first publication of the notice) during which, and the place at which a copy of the scheme prepared under section 57, any map referred to therein and the explanatory statement relating to the scheme may be inspected, and<\/p>\n<p>(c) stating that objections to the draft toll scheme may be made in writing to the road authority before such date as is specified in the notice (being not less than 2 weeks from the end of the period for inspection referred to in paragraph (b)).<\/p>\n<p>(2) (a) Subject to paragraph (b), a road authority may adopt a scheme prepared by it under subsection (1), with or without modifications and, subject to subsection (3), a scheme so adopted is hereafter in this Act referred to as a \u201ctoll scheme\u201d.<\/p>\n<p>(b) If an objection to a draft toll scheme is made to the road authority and the objection is not withdrawn, the road authority shall, before deciding whether to adopt the draft toll scheme or not, cause an oral hearing to be held into the matters to which the objection relates, by a person appointed by the road authority, and shall consider the report of and any recommendation made by the person so appointed.<\/p>\n<p>(3) (a) A toll scheme adopted by the road authority under this section shall come into force with the modifications, if any, therein made by the road authority on such day as may be determined by the road authority.<\/p>\n<p>(b) Notice of the day on which a toll scheme is to come into force shall be published by the road authority at least one month before such day in one or more newspapers circulating in the area in which the toll road to which the scheme relates is located or will be located.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F90<br \/>\nSubstituted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 272, S.I. No. 449 of 2000.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C48<br \/>\nApplication of section restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15\/2008), s. 74(6), S.I. No. 458 of 2009.<\/p>\n<p>Relationship between Authority and NRA.<\/p>\n<p>74.\u2014&#8230;<\/p>\n<p>(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only\u2014 &#8230;<\/p>\n<p>(b) adopt a toll scheme under section 58,<\/p>\n<p>&#8230;<\/p>\n<p>of that Act with the consent of the Authority.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E95<br \/>\nThe side note to the previous version of the section read \u201cApproval by Minister of toll schemes\u201d. As this no longer reflects the content of the section, the side note to the amending section is substituted.<\/p>\n<p>Section 59<\/p>\n<h4>Power to charge tolls.<\/h4>\n<p>59.\u2014(1) Subject to the provisions of this Part, a road authority may charge and collect tolls of such amounts as may be specified for the time being in bye-laws made by it under section 61 in respect of the use of a toll road.<\/p>\n<p>(2) A road authority may provide and maintain such buildings, structures, works and apparatus as it considers necessary or expedient for or in connection with the charging and collection of tolls and the operation of toll roads.<\/p>\n<p>(3) Where an agreement under section 63 provides for the collection of tolls by a person specified in the agreement, that person and his servants and agents may collect the tolls to which the agreement relates.<\/p>\n<p>Section 60<\/p>\n<h4>Revocation of toll scheme.<\/h4>\n<p>F91[60.\u2014(1) A road authority may by order revoke a toll scheme adopted by it under section 58.<\/p>\n<p>(2) Where a road authority proposes to make an order under subsection (1) it shall, before so making the order, publish in one or more newspapers circulating in the area where the toll road is located a notice\u2014<\/p>\n<p>(a) stating that it proposes to revoke the scheme,<\/p>\n<p>(b) indicating the times at which, the period (being not less than one month from the first publication of the notice) during which, and the place at which, a copy of the proposal may be inspected,<\/p>\n<p>(c) stating that objections or representations may be made in writing to the road authority in relation to the proposal before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the proposal).<\/p>\n<p>(3) Before making an order under subsection (1), the road authority shall consider any objections or representations made to it in accordance with a notice under subsection (2).<\/p>\n<p>(4) A road authority may at its discretion cause an oral hearing to be held into any matter to which objections or representations, made in accordance with a notice under subsection (2) and not withdrawn, relate, by a person appointed by the road authority, and where a road authority causes an oral hearing to be so held it shall, before revoking the toll scheme under subsection (3), consider the report of and any recommendation made by that person.<\/p>\n<p>(5) The road authority shall publish in one or more newspapers circulating in the area where the toll road is located notice of the making of any order under subsection (1).<\/p>\n<p>(6) The making of an order under this section in relation to a regional road or a local road shall be a reserved function.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F91<br \/>\nSubstituted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 273, S.I. No. 449 of 2000.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C49<br \/>\nApplication of section restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15\/2008), s. 74(6), S.I. No. 458 of 2008.<\/p>\n<p>Relationship between Authority and NRA.<\/p>\n<p>74.\u2014&#8230;<\/p>\n<p>(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only\u2014 &#8230;<\/p>\n<p>(c) revoke a toll scheme under section 60,<\/p>\n<p>&#8230;<\/p>\n<p>of that Act with the consent of the Authority.<\/p>\n<p>Section 61<\/p>\n<h4>Toll bye-laws.<\/h4>\n<p>61.\u2014(1) A road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road.<\/p>\n<p>(2) The Authority shall consult with the appropriate road authority under section 13 before making bye-laws in relation to a national road.<\/p>\n<p>(3) Without prejudice to the generality of subsection (1), bye-laws under this section may\u2014<\/p>\n<p>(a) specify the amounts of the tolls that shall be charged, or the scales and other provisions by reference to which they shall be charged, in respect of the use of a toll road by vehicles and road users of each class specified in the bye-laws and may specify different such amounts by reference to such circumstances or combinations of circumstances (whether relating to classes of vehicles or road users, seasons of the year, days of the week, times of the day or otherwise) as the road authority may consider appropriate,<\/p>\n<p>(b) provide for the issue, inspection and collection of tickets, tokens, vouchers, permits, receipts and other forms of authorisation or payment for the use of a toll road,<\/p>\n<p>(c) F92[subject to section 64(3), specify] the persons who shall be liable to pay a toll,<\/p>\n<p>(d) provide that a person liable under the bye-laws to pay a toll shall not use, or cause or permit, any vehicle of which he is in charge to use the toll road concerned unless the toll has been paid or arrangements, to the satisfaction of the road authority concerned or of a person authorised by it to operate and manage the toll road, for its payment have been made, and<\/p>\n<p>(e) specify the powers of the road authority and of any person authorised by it to operate and manage the toll road concerned in relation to users of a toll road and vehicles and the persons in charge of them.<\/p>\n<p>(4) The making of toll bye-laws in relation to a regional road or a local road shall be a reserved function.<\/p>\n<p>(5) F93[\u2026]<\/p>\n<p>F94[(6) Before making bye-laws, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice\u2014<\/p>\n<p>(a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,<\/p>\n<p>(b) indicating the times at which, the period (being a period of not less than one month from the date of the first publication of the notice) during which, and the place at which, a copy of the draft bye-laws may be inspected,<\/p>\n<p>(c) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the draft bye-laws), and<\/p>\n<p>(d) stating that a copy of the draft bye-laws may be purchased on payment of such fee as is specified in the notice not exceeding the reasonable cost incurred in the making of such copy.]<\/p>\n<p>F94[(7) Before making bye-laws the road authority shall consider any objections or representations which have been made to it in accordance with a notice under subsection (6) and not withdrawn.]<\/p>\n<p>F94[(8) Bye-laws made by a road authority under this section shall come into effect on such date as is specified in those bye-laws.]<\/p>\n<p>(9) The bye-laws shall, as soon as may be after they have been F94[made], be published in Iris Oifigi\u00fail and notice of their making, of the toll road to which they apply and of the place where copies of them may be purchased or inspected shall be published in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located.<\/p>\n<p>F95[(10) A person who contravenes a bye-law made under this section commits an offence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F92<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F93<br \/>\nDeleted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 274(a), S.I. No. 449 of 2000.<\/p>\n<p>F94<br \/>\nSubstituted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 274(b) to (e), S.I. No. 449 of 2000.<\/p>\n<p>F95<br \/>\nInserted (23.12.2001) by Public Transport Regulation Act 2009 (37\/2009), s. 42(1) and sch. 1, pt. 2 item 2, commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C50<br \/>\nApplication of section restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15\/2008), s. 74(6), S.I. No. 458 of 2008.<\/p>\n<p>Relationship between Authority and NRA.<\/p>\n<p>74.\u2014&#8230;<\/p>\n<p>(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only\u2014 &#8230;<\/p>\n<p>(d) make bye-laws in relation to the operation and management of a toll road under section 61 &#8230;<\/p>\n<p>&#8230;<\/p>\n<p>of that Act with the consent of the Authority.<\/p>\n<p>C51<br \/>\nApplication of section restricted (15.12.2006) by Road Traffic Act 1994 (Control of Traffic &#8211; Exemption Permits) Regulations 2006 (S.I. No. 639 of 2006), reg. 2.<\/p>\n<p>2. (1) A local authority may issue a permit to a person in respect of the driving of a mechanically propelled vehicle, which is prohibited or restricted\u2014 &#8230;<\/p>\n<p>(b) under bye-laws made under section 61 of the Roads Act 1993 (No. 14 of 1993),<\/p>\n<p>from using a public road or road in a road tunnel in its functional area, exempting the permit holder, during the times (if any) specified in the permit, from the application of the prohibitions or restrictions, as specified in the permit, to such driving.<\/p>\n<p>&#8230;<\/p>\n<p>(3) A nil charge is prescribed for a permit issued in respect of paragraph (1)(b) and until 1 May 2007 a permit issued under paragraph (1)(a).<\/p>\n<p>Section 62<\/p>\n<h4>Exemption from tolls.<\/h4>\n<p>62.\u2014The following shall be exempt from the payment of tolls\u2014<\/p>\n<p>(a) ambulances and fire brigade vehicles,<\/p>\n<p>(b) vehicles used by members of the Garda S\u00edoch\u00e1na or the Defence Forces in the performance of their duties as such members,<\/p>\n<p>(c) such other classes of vehicles or road users as the Minister may prescribe in relation to toll roads generally, specified classes of toll roads or specified toll roads.<\/p>\n<p>Section 63<\/p>\n<h4>Agreements for financing, maintenance, construction and operation of toll roads.<\/h4>\n<p>63.\u2014(1) F96[Where a toll scheme is adopted by a road authority, the road authority may] enter into an agreement with another person under which, upon such terms and conditions as may be specified in the agreement (including the payment to, or retention by, the person of all or part of the proceeds of tolls in respect of the toll road the subject of the scheme), the person agrees to do all or one or more of the following:<\/p>\n<p>(a) to pay some or all of the cost of the construction of the road,<\/p>\n<p>(b) to pay some or all of the cost of the maintenance of the road,<\/p>\n<p>(c) to construct or join or assist in the construction of the road for or with the authority,<\/p>\n<p>(d) to maintain or join or assist in the maintenance of the road for or with the authority,<\/p>\n<p>(e) to operate and manage (including provide, supervise and operate a system of tolls F97[and their collection] in respect of the use of the road) the road for or with the authority,<\/p>\n<p>(f) such other things connected with or incidental or ancillary to or consequential upon the foregoing as may be specified in the agreement.<\/p>\n<p>F98[(1A) A road authority may enter into different agreements with different persons in respect of anything referred to in subsection (1).]<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), an agreement under this section may\u2014<\/p>\n<p>(a) provide for the application of the proceeds of tolls, systems of accounting for tolls collected and the methods and times of payment of proceeds of tolls to the persons to whom they are to be paid under the terms of the agreement,<\/p>\n<p>(b) specify the period for which the agreement shall have effect and provide for its termination or suspension and for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement or such termination or suspension, and<\/p>\n<p>(c) provide for the giving of such security as may be specified therein\u2014<\/p>\n<p>(i) to the road authority by any other party to the agreement, or<\/p>\n<p>(ii) by the road authority to any other party to the agreement,<\/p>\n<p>in relation to the carrying out and observance by that party or authority of the terms and conditions of the agreement.<\/p>\n<p>(3) A road authority may F99[\u2026] enter into an agreement with a party with whom it has entered into a previous agreement under this section amending the terms or conditions thereof, adding thereto, or deleting therefrom, terms or conditions or revoking the previous agreement.<\/p>\n<p>(4) Entry into an agreement under this section in relation to a regional road or a local road shall be a reserved function.<\/p>\n<p>(5) The parties to an agreement under this section shall carry out the agreement in accordance with its terms and conditions and a road authority shall have all such powers as may be necessary for that purpose.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F96<br \/>\nSubstituted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 275(a), S.I. No. 449 of 2000.<\/p>\n<p>F97<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F98<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F99<br \/>\nDeleted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 275(b), S.I. No. 449 of 2000.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C52<br \/>\nApplication of section restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15\/2008), s. 74(6), S.I. No. 458 of 2008.<\/p>\n<p>Relationship between Authority and NRA.<\/p>\n<p>74.\u2014&#8230;<\/p>\n<p>(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only\u2014 &#8230;<\/p>\n<p>(e) enter into an agreement under section 63,<\/p>\n<p>&#8230;<\/p>\n<p>of that Act with the consent of the Authority.<\/p>\n<p>Section 64<\/p>\n<h4>Offences under Part V.<\/h4>\n<p>F100[64.\u2014 (1) Where a toll charged and payable in respect of a mechanically propelled vehicle using a toll road is unpaid for such period specified in bye-laws under section 61, a default toll, in accordance with the bye-laws, of not more than such amount specified in the bye-laws being greater than the amount of the toll initially charged, may be charged and be payable in respect of the vehicle.<\/p>\n<p>(2) Bye-laws made under section 61 may\u2014<\/p>\n<p>(a) provide that the amount of a default toll be increased by such amount where it is not paid within such period as specified in the bye-laws,<\/p>\n<p>(b) take into account administrative costs in charging and collecting a default toll, or<\/p>\n<p>(c) specify different amounts in respect of different classes of toll roads and different classes of vehicles.<\/p>\n<p>(3) Where a toll is payable in respect of a mechanically propelled vehicle where\u2014<\/p>\n<p>F101[(a) the vehicle is registered in the State (other than in the circumstances referred to in paragraph (c))\u2014<\/p>\n<p>(i) the registered owner of the vehicle, and<\/p>\n<p>(ii) the person, whom the road undertaking concerned can reasonably ascertain, keeps or has possession or charge (including arising from a leasing arrangement) of the vehicle in the State,]<\/p>\n<p>(b) the vehicle is not registered in the State \u2014 the person, whom the road undertaking concerned can reasonably ascertain, owns or keeps or has possession or charge of the vehicle in the State,<\/p>\n<p>(c) the registered owner or a person referred to in paragraph (b) or (d), as the case may be, on the occasion in question, was not driving or in the vehicle and had not given permission for or required another to use the vehicle and the Garda S\u00edoch\u00e1na were aware or were informed of this \u2014 the person who was driving the vehicle on the occasion, or<\/p>\n<p>(d) a person has entered into an agreement with the road undertaking concerned in respect of the payment of tolls in respect of the vehicle \u2014 that person,<\/p>\n<p>and the driver of the vehicle, if he or she is not a person mentioned above, are jointly and severally liable to pay the toll.<\/p>\n<p>F102[(4) The amount of any toll due and payable by a person under this Part may be recovered from that person as a simple contract debt by the road undertaking concerned in any court of competent jurisdiction and, for the purposes of this subsection, may be recovered as if the toll due and payable was founded on a contract made where\u2014<\/p>\n<p>(a) the toll is being charged and collected, or<\/p>\n<p>(b) the liability to pay the toll is incurred.]<\/p>\n<p>(5) (a) Notwithstanding section 79, notice of the charge of a toll may be served on a person by the road undertaking concerned by post\u2014<\/p>\n<p>(i) at the place where the person ordinarily resides or carries on business, or<\/p>\n<p>(ii) if an address for the service of such a notice has been provided by the person, that address,<\/p>\n<p>or where arrangements have been made between the person and the road undertaking by such means specified (such as electronic mail) to the place or address specified, in the arrangements.<\/p>\n<p>(b) In any proceedings for the recovery of a toll it shall be presumed, until the contrary is shown, that the defendant received the notice under this paragraph to which the proceedings relate and that payment of the toll has not been made.<\/p>\n<p>(6) A document signed by an officer of the road undertaking concerned (authorised in that behalf by the road undertaking) stating that a mechanically propelled vehicle in respect of which the proceedings are taken for the non-payment of a toll incurred the liability to pay the toll together with any photographic or other evidence taken from a camera or other apparatus referred to in subsection (7) of the identification mark of the vehicle taken at the material time may, without proof of the signature of the officer or that the photographic or other evidence is from a camera or other apparatus referred to in that subsection, be produced in any court and in all legal proceedings and is, until the contrary is shown, evidence that a toll was incurred in respect of the vehicle. It shall not be necessary to show that the camera or other apparatus was accurate or in good working order.<\/p>\n<p>(7) A road authority may approve cameras or other apparatus and the location of them, to be set up and operated by the road undertaking having charge of the collection of tolls on a toll road, for the purposes of\u2014<\/p>\n<p>(a) recording the date and time of a vehicle passing through the toll road and whether payment in respect of the vehicle for the use of the road has been discharged or incurred, and<\/p>\n<p>(b) taking photographic images of the vehicle and its identification mark.<\/p>\n<p>(8) A person who is liable to pay a toll and who fails, neglects or refuses to pay the toll is guilty of an offence.<\/p>\n<p>(9) A person who on a toll road, fails, neglects or refuses to obey a lawful instruction or direction of a person authorised by a road undertaking to provide, operate or manage a toll road or collect or charge tolls on the road is guilty of an offence.<\/p>\n<p>(10) A person who by his or her actions does any thing to avoid being charged or paying a toll while on a toll road is guilty of an offence.<\/p>\n<p>(11) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding \u20ac5,000 or to imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(12) In this section &#8220;identification mark&#8221; in respect of a mechanically propelled vehicle, means the identification mark assigned to the vehicle\u2014<\/p>\n<p>(a) in the case of a vehicle registered in the State \u2014 under section 6 of the Roads Act 1920 or section 131(5) (inserted by section 102 of the Finance Act 2003) of the Finance Act 1992, or<\/p>\n<p>(b) in the case of a vehicle registered in a jurisdiction outside the State \u2014 under the laws of that jurisdiction.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F100<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 4, commenced on enactment. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F101<br \/>\nSubstituted (23.12.2001) by Public Transport Regulation Act 2009 (37\/2009), s. 42(1) and sch. 1, pt. 2 item 3, commenced on enactment.<\/p>\n<p>F102<br \/>\nSubstituted (5.06.2015) by Roads Act 2015 (14\/2015), s. 25, commenced on enactment.<\/p>\n<p>Section 64A<br \/>\nF103[]<\/p>\n<h4>Access to records.<\/h4>\n<p>64A.\u2014 (1) A road undertaking for the purposes of charging and collecting payment of tolls shall have access to and may inspect and examine licensing records and may take or be supplied with information or extracts from those records relating to the charging or payment of tolls on payment of such fee (if any) to cover the administrative costs in accessing such records.<\/p>\n<p>(2) Where a road undertaking for the purposes of charging or collecting payment of a toll in respect of a vehicle using a toll road suspects that the vehicle on the occasion in question is the subject of an agreement and it is unable to ascertain from licensing records information regarding the person in possession of the vehicle under the agreement, it may require and be supplied with information from the registered owner of the vehicle regarding the person in possession of the vehicle under the agreement.<\/p>\n<p>(3) Where a request is made under subsection (2), the registered owner of the vehicle the subject of the request shall, within 21 days, supply to the road undertaking making the request, where the vehicle is the subject of an agreement, the name and address of the person in possession of the vehicle under the agreement, on the occasion in question, to which the request relates.<\/p>\n<p>(4) A person who in supplying information under subsection (3) gives false or misleading information is guilty of an offence.<\/p>\n<p>(5) Where a registered owner fails or refuses to give information to a road undertaking for the purposes of this section the registered owner is presumed, until the contrary is shown, to have had possession of the vehicle on the occasion in question and is liable to pay the toll concerned.<\/p>\n<p>(6) In this section &#8220;agreement&#8221; means a hire-purchase agreement or a consumer-hire agreement, as the case may be.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F103<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 5, commenced on enactment.<\/p>\n<p>Section 65<\/p>\n<h4>Toll regulations.<\/h4>\n<p>65.\u2014The Minister may make regulations\u2014<\/p>\n<p>(a) for the purposes of this Part and for enabling this Part and any toll scheme under F104[section 58], or agreement under section 63, to have full effect, and<\/p>\n<p>(b) providing for the application of any moneys accruing to a road authority from the exercise of its functions under this Part.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F104<br \/>\nSubstituted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 276, S.I. No. 449 of 2000.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C53<br \/>\nTerm \u201cMinister\u201d construed (1.12.2009) by Dublin Transport Authority Act 2008 (15\/2008), s. 74(7), S.I. No. 458 of 2009.<\/p>\n<p>Relationship between Authority and NRA.<\/p>\n<p>74.\u2014 &#8230;<\/p>\n<p>(7) A reference in section 65 and section 66A (inserted by section 277 of the Act of 2000) of the Act of 1993 to the Minister, where it relates to a toll scheme wholly or partly in the GDA, is to be read as a reference to the Authority.<\/p>\n<p>Section 66<\/p>\n<p>&nbsp;<\/p>\n<h4>Continuance of existing schemes, bye-laws and agreements.<\/h4>\n<p>66.\u2014(1) Notwithstanding the repeal of the Act of 1979 by this Act\u2014<\/p>\n<p>(a) every agreement entered into under section 9 of that Act and every toll scheme or bye-law made by a road authority under that Act and in force immediately before such repeal shall continue in force as if made or entered into under this Part,<\/p>\n<p>(b) every agreement entered into by a road authority under section 10 of that Act and in force immediately before such repeal shall continue in force as if entered into under section 59 of the Act of 1955 and the provisions of section 14 of this Act (other than subsection (7) thereof) shall apply to such agreement.<\/p>\n<p>(2) On the commencement of this section, any agreement entered into or any scheme or bye-law made under the Act of 1979 shall, where such agreement, scheme or bye-law relates to a national road, be deemed to have been entered into or made by the Authority and with effect from such commencement all functions, rights and liabilities of the road authority concerned in relation to such agreement, scheme or bye-law shall transfer to the Authority.<\/p>\n<p>Section 66A<br \/>\nF105[<\/p>\n<h4>Ministerial policy directives on road tolling.<\/h4>\n<p>66A.\u2014(1) The Minister may, from time to time, issue policy directives to road authorities regarding the exercise of any of their functions under Part V or any matter connected therewith and road authorities shall comply with any such directives.<\/p>\n<p>(2) The Minister may revoke or amend a policy directive issued under this section.<\/p>\n<p>(3) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.<\/p>\n<p>(4) A road authority shall make available for inspection by members of the public any policy directive issued to it under this section.<\/p>\n<p>(5) The Minister shall not issue a directive relating to a particular tolling scheme.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F105<br \/>\nInserted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 277, S.I. No. 449 of 2000.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C54<br \/>\nTerm \u201cMinister\u201d construed (1.12.2009) by Dublin Transport Authority Act 2008 (15\/2008), s. 74(7), S.I. No. 458 of 2009.<\/p>\n<p>Relationship between Authority and NRA.<\/p>\n<p>74.\u2014 &#8230;<\/p>\n<p>(7) A reference in section 65 and section 66A (inserted by section 277 of the Act of 2000) of the Act of 1993 to the Minister, where it relates to a toll scheme wholly or partly in the GDA, is to be read as a reference to the Authority.<\/p>\n<p>Section 66B<br \/>\nF106[Continuance of existing schemes, bye-laws and agreements.<\/p>\n<p>66B.\u2014Notwithstanding this Part, every agreement entered into and every toll scheme or bye-law made by a road authority and in force immediately before the commencement of this section shall continue in force as if made or entered into under this Part as amended by the Planning and Development Act, 2000.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F106<br \/>\nInserted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 277, S.I. No. 449 of 2000.<\/p>\n<p>Section 66C<br \/>\nF107[<\/p>\n<h4>Transitional provisions regarding toll schemes.<\/h4>\n<p>66C.\u2014Where, before the commencement of Part XX of the Planning and Development Act, 2000, any toll scheme, proposal to revoke a toll scheme or bye-law has been submitted to the Minister under Part V and the matter has not been determined by the Minister, the determination of the matter shall continue to rest with the Minister and Part V as amended by Part XX of the Planning and Development Act, 2000, shall not apply with respect to the matter.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F107<br \/>\nInserted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 277, S.I. No. 449 of 2000.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19478\" data-postid=\"19478\" class=\"themify_builder_content themify_builder_content-19478 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Toll Schemes The Roads Acts deal with the provision and operation of toll roads.\u00a0 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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[280],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19478"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19478"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19478\/revisions"}],"predecessor-version":[{"id":35371,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19478\/revisions\/35371"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19478"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19478"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19478"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}