{"id":19480,"date":"2022-10-16T15:25:56","date_gmt":"2022-10-16T15:25:56","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19480"},"modified":"2024-04-13T22:31:59","modified_gmt":"2024-04-13T22:31:59","slug":"objects-on-roads","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/objects-on-roads\/","title":{"rendered":"Objects on Roads"},"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\/objects-on-roads\/#Temporary_Dwellings\" title=\"Temporary Dwellings\">Temporary Dwellings<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/objects-on-roads\/#Structures_Near_Road\" title=\"Structures Near Road\">Structures Near Road<\/a><\/li><\/ul><\/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\/objects-on-roads\/#Notices_by_Authority\" title=\"Notices by Authority\">Notices by Authority<\/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\/objects-on-roads\/#Signs_and_Advertisement\" title=\"Signs and Advertisement\">Signs and Advertisement<\/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\/objects-on-roads\/#Skips\" title=\"Skips\">Skips<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/objects-on-roads\/2\/#ROAD_TRAFFIC_ACT_2004\" title=\"ROAD TRAFFIC ACT 2004\">ROAD TRAFFIC ACT 2004<\/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-7\" href=\"https:\/\/legalblog.ie\/objects-on-roads\/2\/#Permits\" title=\"Permits.\">Permits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/objects-on-roads\/2\/#Supply_of_mechanically_propelled_vehicles_to_minor\" title=\"Supply of mechanically propelled vehicles to minor.\">Supply of mechanically propelled vehicles to minor.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/objects-on-roads\/2\/#Power_of_road_authority_to_provide_and_maintain_certain_equipment_etc_on_public_roads\" title=\"Power of road authority to provide and maintain certain equipment, etc., on public roads.\">Power of road authority to provide and maintain certain equipment, etc., on public roads.<\/a><\/li><\/ul><\/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\/objects-on-roads\/3\/#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\/objects-on-roads\/3\/#Temporary_dwellings_on_national_roads_etc\" title=\"Temporary dwellings on national roads, etc.\">Temporary dwellings on national roads, etc.<\/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\/objects-on-roads\/3\/#Dangerous_structures_trees_etc\" title=\"Dangerous structures, trees, etc.\">Dangerous structures, trees, etc.<\/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\/objects-on-roads\/3\/#Unauthorised_signs_caravans_vehicles_etc_on_public_roads\" title=\"Unauthorised signs, caravans, vehicles, etc. on public roads.\">Unauthorised signs, caravans, vehicles, etc. on public roads.<\/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\/objects-on-roads\/3\/#Skips-2\" title=\"Skips.\">Skips.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Temporary_Dwellings\"><\/span>Temporary Dwellings<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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.<\/p>\n<p>Consent in the latter case may be given by the road authority subject to such conditions, restrictions and requirements as it thinks fit.\u00a0 Breach of the conditions, is an offence. An authorised person may remove a temporary dwelling from a national road.<\/p>\n<p>Where the owner of a temporary dwelling removed and stored can be ascertained by reasonable inquiry, the authority shall serve a notice informing him of the removal and where the temporary dwelling may be claimed, requiring him to claim it within one month.<\/p>\n<p>A person may recover it, provided he declares he is owner, pays the expenditure incurred by the authority in removing and storing the temporary dwelling.\u00a0 If this does not occur, the road authority may dispose of the temporary dwelling, if the owner fails to claim it or the name and address of the owner cannot be ascertained.<\/p>\n<p>A temporary dwelling means any tent, caravan, mobile home, vehicle or other structure or thing whether or not on wheels which is capable of being moved from one place to the other and is used for habitation, either permanently or from time to time or was adapted for such use.\u00a0 It does not include a temporary dwelling used by a State authority, undertaker or used in connection with a fire or other emergency.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Structures_Near_Road\"><\/span>Structures Near Road<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>The owner or occupier of any structure and the owner and occupier of any land on which a structure is situated shall take all reasonable steps to ensure the structure or the use of the structure is not a hazard or potential hazard to persons using the public road and does not obstruct or interfere with the safe use of the public road or its maintenance.<\/p>\n<p>Where a structure is a hazard or potential hazard or where it obstructs or interferes with the safe use of the road or its maintenance, the road authority may serve a notice on the owner or occupier requiring its removal, modification or carrying out of works within a period specified.<\/p>\n<p>The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of the public road or its maintenance.<\/p>\n<p>Where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with its maintenance, the road authority may serve a notice on the owner or occupier of the land on which it is situated requiring preservation, felling, cutting, lopping, trimming or removal of the same within the period stated.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Notices_by_Authority\"><\/span>Notices by Authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A notice by the authority does not affect until 14 days.\u00a0 An owner or occupier who fails to comply with a notice is guilty of an offence.<\/p>\n<p>A person on whom a notice is served may appeal to the District Court within 14 days on the grounds that he is not the owner or occupier of the land, that the structure is not a hazard or potential hazard or does not obstruct or interfere with safe use of the road; that compliance would involve unreasonable expense; that the time, notice period given is unreasonably short. On hearing the appeal, the Court may confirm the notice, annul it or confirm it subject to conditions.<\/p>\n<p>Where the road authority considers that a structure, tree, shrub, hedge or vegetation presents an immediate and serious hazard, it may take immediate action to reduce or remove the same.\u00a0 Costs may be recovered from the owner or occupier as a simple contract debt. Where the road authority enters or proposes to enter land under the above powers, it must serve a notice stating that it has entered or proposes to enter and specifying the action.<\/p>\n<p>Where a person takes action to remove, modify or carry out specified works in relation to a structure or to preserve, fell, cut, lop, trim or remove any tree, shrub, hedge or other vegetation, he shall take all reasonable measures to ensure that insofar as reasonably practicable, the safety of persons using the road.\u00a0 Contravention is an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Signs_and_Advertisement\"><\/span>Signs and Advertisement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person who, without lawful authority or consent of a road authority places a sign on a public road or erects, places or retains on any public road, a caravan, vehicle or other structure used for the purposes of advertising, sale of goods or provision of services is guilty of an offence.\u00a0 A consent may be given subject to conditions and restrictions.\u00a0 Breach is an offence.<\/p>\n<p>When a person has contravened the above provision in the case of any sign or advertisement, the person on whose behalf the sign or advertisement is exhibited shall be deemed to have contravened the provision.<\/p>\n<p>An authorised person may remove a sign, caravan, vehicle or structure above.\u00a0 An authorised person may store the same.\u00a0 Where the name and address of the owner can be ascertained, the road authority shall serve a notice informing him of removal and requiring him to claim it within one month.<\/p>\n<p>A person may reclaim the thing concerned provided he proves his ownership by declaration and at the discretion of the road authority pays the amount of expenditure incurred in removing and storing it.\u00a0 The road authority may dispose or procure the disposal of the above, if it is unclaimed or if the owner cannot be ascertained after reasonable inquiry.<\/p>\n<p>An authorised person means a person authorised by the road authority or a member of an Garda S\u00edoch\u00e1na.\u00a0 The provision does not apply to election posters within a period, until seven days after the poll.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Skips\"><\/span>Skips<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road authority may after consulting the Garda Commissioner, make bye-laws to regulate and control skips on public roads.\u00a0 The bye-laws may specify the areas to which they relate; the requirements in relation to siting, removal of skips, dimensions and characteristics of skips, lighting and marking of skips, care and disposal and contents of skips, period of deposit of skips on a public road, earliest practicable removal once full, clear and indelible marking of skips with the name, service, address and telephone number of the owner or provider, giving of security or provision of an indemnity.A procedure applies before the making of the bye-law.<\/p>\n<p>There is provision for issue by the road authority of licenses in respect of the deposit of skips on payment of specified fees. Conditions may be attached.\u00a0 Contravention of the bye laws is an offence.<\/p>\n<p>An authorised person may remove or reposition a skip which contravenes the bye-laws.\u00a0 A skip may be removed or repositioned if it is considered to present an immediate and serious hazards to persons using a public road.\u00a0 There are similar provisions to those above in respect of disposal of a skip which has been removed in such circumstances.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 2004<\/h2>\n<p>Section 26<\/p>\n<h4>Permits.<\/h4>\n<p>26.\u2014(1) Section 35(2) of the Act of 1994 is amended by inserting after paragraph (s) the following:<\/p>\n<p>\u201c(t) the issue of permits at a prescribed charge by a local authority, or any other body authorised by the Minister to issue such permits, for the purpose of\u2014<\/p>\n<p>(i) exempting permit holders from restrictions or prohibitions on parking applied under this section,<\/p>\n<p>(ii) allowing for the parking of vehicles by permit holders at specified locations, or<\/p>\n<p>(iii) exempting permit holders from the application of prohibitions and restrictions to specified traffic from entering or using specified roads, and<\/p>\n<p>separate charges may be prescribed in respect of different permits.\u201d.<\/p>\n<p>(2) The following subsection is inserted after subsection (6) of section 35 of the Act of 1994:<\/p>\n<p>\u201c(7) A permit issued under regulations made under subsection (2)(t) may be inspected, at all reasonable times, by a member of the Garda S\u00edoch\u00e1na or (other than in respect of a permit issued under regulations made under subsection (2)(t)(iii)) a traffic warden.<\/p>\n<p>(8) A person who, without reasonable excuse, fails or refuses to permit the inspection of a permit referred to in subsection (7) is guilty of an offence.\u201d.<\/p>\n<p>Section 27<br \/>\nExemptions for emergency vehicles.<\/p>\n<p>27.\u2014F19[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 87(2), S.I. No. 543 of 2011.<\/p>\n<p>Section 28<br \/>\nFunctions of Commissioner of Garda S\u00edoch\u00e1na.<\/p>\n<p>28.\u2014F20[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nRepealed (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 83(2), S.I. No. 255 of 2011.<\/p>\n<p>Section 29<br \/>\nAmendment of section 84 of Principal Act (bye-laws in relation to taxi stands).<\/p>\n<p>29.\u2014Section 84 (inserted by section 15 of the Act of 2002) of the Principal Act is amended by substituting in subsection (11) for the definition of \u201clocal authority\u201d the following:<\/p>\n<p>\u201c\u2018local authority\u2019 means a county council, a city council or a town council (within the meaning of the Local Government Act 2001) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C17<br \/>\nReferences to \u201ccounty council\u201d, \u201ccity council\u201d and \u201ctown council\u201d construed (1.06.2014) by Local Government Reform Act 2014 (1\/2014), ss. 9(2) and 25(2), S.I. No. 214 of 2014.<\/p>\n<p>Cesser and amalgamation of certain local government areas<\/p>\n<p>9.\u2014 &#8230;<\/p>\n<p>(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment\u2014<\/p>\n<p>(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and<\/p>\n<p>(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.<\/p>\n<p>&#8230;<\/p>\n<p>Dissolution of town councils \u2014 consequential provisions<\/p>\n<p>25.\u2014 &#8230;<\/p>\n<p>(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that\u2014<\/p>\n<p>(a) has not been repealed or otherwise provided for by this Act, or<\/p>\n<p>(b) is neither spent nor obsolete,<\/p>\n<p>shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.<\/p>\n<p>&#8230;<\/p>\n<p>Section 30<\/p>\n<h4>Supply of mechanically propelled vehicles to minor.<\/h4>\n<p>30.\u2014(1) A person shall not supply a mechanically propelled vehicle\u2014<\/p>\n<p>(a) to a person who is under the age of 16 years, or<\/p>\n<p>(b) other than a mechanically propelled vehicle in respect of which a person who has attained the age of 16 years is entitled to hold a driving licence to drive, to a person who is under the age of 17 years.<\/p>\n<p>F21[(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding \u20ac5,000 or to imprisonment for a term not exceeding 6 months or to both.]<\/p>\n<p>(3) In this section \u201csupply\u201d, includes supply by way of sale, hire, loan, gift, or other means of making the vehicle available to a person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 88, S.I. No. 255 of 2011. 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>Section 31<\/p>\n<h4>Power of road authority to provide and maintain certain equipment, etc., on public roads.<\/h4>\n<p>31.\u2014(1) A road authority may, with the consent of the Commissioner or at his or her request, provide and maintain on public roads in their charge any equipment or structure which the authority consider desirable for the detection of offences under the Road Traffic Acts 1961 to 2004.<\/p>\n<p>(2) Section 42 of the Act of 1994 is repealed.<\/p>\n<p>Section 32<br \/>\n\u201cregistered owner\u201d.<\/p>\n<p>32.\u2014Section 3(1) of the Principal Act is amended by substituting for the definition of \u201cregistered owner\u201d the following:<\/p>\n<p>\u201c\u2018registered owner\u2019 has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (as amended by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)), but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force;\u201d.<\/p>\n<p>Section 33<br \/>\nProduction of driving licence to member of Garda S\u00edoch\u00e1na subsequent to commission of road traffic offence.<\/p>\n<p>33.\u2014F22[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 61(9), S.I. No. 543 of 2011.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROADS ACT<\/h2>\n<p>Section 69<\/p>\n<h4>Temporary dwellings on national roads, etc.<\/h4>\n<p>69.\u2014(1) (a) Any person who without lawful authority erects, places or retains a temporary dwelling on a national road, motorway, busway or protected road shall be guilty of an offence.<\/p>\n<p>(b) Any person who without lawful authority or the consent of a road authority erects, places or retains a temporary dwelling on any other prescribed road or prescribed class, subclass or type of road shall be guilty of an offence.<\/p>\n<p>(c) A consent under paragraph (b) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.<\/p>\n<p>(2) An authorised person may remove a temporary dwelling from a national road, motorway, busway, protected road or any other prescribed road or prescribed class, subclass or type of road.<\/p>\n<p>(3) An authorised person may store, or procure the storage of, a temporary dwelling removed by him under subsection (2).<\/p>\n<p>(4) Where the name and address of the owner of a temporary dwelling removed and stored under this section can be ascertained by reasonable inquiry, the road authority concerned or the Commissioner shall serve a notice upon the owner informing him of the removal and storage and of the address of the place where the temporary dwelling may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.<\/p>\n<p>(5) A temporary dwelling removed and stored under this section shall be given to a person claiming the temporary dwelling if, but only if, he makes a declaration in writing that he is the owner of the temporary dwelling or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing the temporary dwelling.<\/p>\n<p>(6) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a temporary dwelling removed and stored under this section if\u2014<\/p>\n<p>(a) the owner of the temporary dwelling fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (4) was served on him, or<\/p>\n<p>(b) the name and address of the owner of the temporary dwelling cannot be ascertained by reasonable inquiry.<\/p>\n<p>(7) A temporary dwelling shall not be disposed of under this section within six weeks of the date of its removal under this section.<\/p>\n<p>(8) The provisions of this section are without prejudice to the functions of a public authority under any other enactment.<\/p>\n<p>(9) In this section\u2014<\/p>\n<p>\u201cauthorised person\u201d means\u2014<\/p>\n<p>(a) a person authorised in writing by a road authority for the purposes of this section;<\/p>\n<p>(b) a member of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201ctemporary dwelling\u201d means any tent, caravan, mobile home, vehicle or other structure or thing (whether on wheels or not) which is capable of being moved from one place to another (whether by towing, transport on a vehicle or trailer, or otherwise), and\u2014<\/p>\n<p>(a) is used for human habitation, either permanently or from time to time, or<\/p>\n<p>(b) was designed, constructed or adapted for such use,<\/p>\n<p>but does not include any such temporary dwelling\u2014<\/p>\n<p>(i) used by a State authority, road authority, local authority or a statutory undertaker during the course of works on, in or under a national road, motorway, busway, protected road, or any other prescribed road or prescribed class, subclass or type of road, or<\/p>\n<p>(ii) used in connection with a fire or other emergency.<\/p>\n<p>Section 70<\/p>\n<h4>Dangerous structures, trees, etc.<\/h4>\n<p>70.\u2014(1) (a) The owner or occupier of any structure and the owner or occupier of any land on which a structure is situated shall take all reasonable steps to ensure that the structure or the use of the structure is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.<\/p>\n<p>(b) Where a structure or the use of a structure is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the structure or on the owner or occupier of any land on which the structure is situated to remove, modify or carry out specified works in relation to the structure within the period stated in the notice.<\/p>\n<p>(2) (a) The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.<\/p>\n<p>(b) Where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the land on which such tree, shrub, hedge or other vegetation is situated requiring the preservation, felling, cutting, lopping, trimming or removal of such tree, shrub, hedge or other vegetation within the period stated in the notice.<\/p>\n<p>(3) (a) A person on whom a notice under subsection (1) or (2) has been served may, within fourteen days from the date of service, appeal against the notice to the District Court on any one or more of the following grounds:<\/p>\n<p>(i) that he is not the owner or occupier of the structure,<\/p>\n<p>(ii) that he is not the owner or occupier of the land on which the structure, tree, shrub, hedge or other vegetation is situated,<\/p>\n<p>(iii) that the structure (or the use of such structure), tree, shrub, hedge or other vegetation, as the case may be, is not a hazard or potential hazard to persons using a public road or does not obstruct or interfere with the safe use of a public road or the maintenance of a public road,<\/p>\n<p>(iv) that compliance with the requirements of the notice would involve unreasonable expense,<\/p>\n<p>(v) that the notice specified an unreasonably short time for complying with its requirements or any of them.<\/p>\n<p>(b) Notice of the appeal shall be given to the road authority and that authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.<\/p>\n<p>(4) (a) On the hearing of the appeal the Court may, as it thinks proper, either\u2014<\/p>\n<p>(i) confirm the notice unconditionally, or<\/p>\n<p>(ii) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or<\/p>\n<p>(iii) annul the notice.<\/p>\n<p>(b) Where the Court confirms the notice, subject to modifications, alterations or additions, the notice shall have effect subject to such modifications, alterations or additions.<\/p>\n<p>(5) (a) The jurisdiction conferred on the District Court by this section shall be exercised by the Judge of that Court having jurisdiction in the district in which the structure referred to in subsection (1) or the land referred to in subsection (1) or (2) is situated.<\/p>\n<p>(b) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.<\/p>\n<p>(6) A notice under subsection (1) or (2) shall not have effect until\u2014<\/p>\n<p>(a) the expiration of fourteen days from the date of service of the notice, or<\/p>\n<p>(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced or the date upon which the order of the Court is expressed to take effect, whichever is the later.<\/p>\n<p>(7) An owner or occupier who fails to comply with a notice under this section shall be guilty of an offence.<\/p>\n<p>(8) Where an owner or occupier fails to comply with a notice under this section, the road authority may take the action specified in the notice or such other action as it thinks fit.<\/p>\n<p>(9) Where a road authority considers that a structure (or the use of such structure), tree, shrub, hedge or other vegetation presents an immediate and serious hazard to persons using a public road it may, notwithstanding the provisions of subsections (1) to (8), take immediate action to reduce or remove the hazard.<\/p>\n<p>(10) Where a road authority takes action under subsection (8) or (9) it may recover any reasonable costs incurred by it from the owner or occupier as a simple contract debt in any court of competent jurisdiction.<\/p>\n<p>(11) Where a road authority has entered or proposes to enter on any land under subsection (8) or (9), it shall as soon as may be serve on the owner or the occupier of the land, a notice stating that it has entered or proposes to enter on the land and specifying the action that it has taken or proposes to take thereon.<\/p>\n<p>(12) (a) Where a person takes action\u2014<\/p>\n<p>(i) to remove, modify or carry out specified works in relation to a structure, or<\/p>\n<p>(ii) to preserve, fell, cut, lop, trim or remove any tree, shrub, hedge or other vegetation to which this section relates,<\/p>\n<p>he shall take all reasonable measures to ensure as far as is reasonably practicable the safety of persons using a public road.<\/p>\n<p>(b) A person who contravenes this subsection shall be guilty of an offence.<\/p>\n<p>F109[(13) In this section &#8220;structure&#8221; means a structure (whether fixed or moveable) and includes any apparatus, object or thing which is attached or fixed to or connected with the structure.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F109<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Section 71<\/p>\n<h4>Unauthorised signs, caravans, vehicles, etc. on public roads.<\/h4>\n<p>71.\u2014(1) (a) Any person who, without lawful authority or the consent of a road authority\u2014<\/p>\n<p>(i) erects, places or retains a sign on a public road, or<\/p>\n<p>(ii) erects, places or retains on a public road any caravan, vehicle or other structure or thing (whether on wheels or not) used for the purposes of advertising, the sale of goods, the provision of services or other similar purpose,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.<\/p>\n<p>(2) Without prejudice to the liability of any person under subsection (1), where there is a contravention of that subsection in the case of any sign or advertisement, the person on whose behalf the sign or advertisement is exhibited shall be deemed also to have contravened that subsection.<\/p>\n<p>(3) Notwithstanding any other enactment, an authorised person may remove a sign, caravan, vehicle or other structure or thing to which subsection (1) applies.<\/p>\n<p>(4) An authorised person may store, or procure the storage of, a sign, caravan, vehicle or other structure or thing removed by him under subsection (3).<\/p>\n<p>(5) Where the name and address of the owner of a sign, caravan, vehicle or other structure or thing removed and stored under this section can be ascertained by reasonable inquiry, the road authority or the Commissioner shall serve a notice upon the owner informing him of its removal and storage and of the address of the place where it may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.<\/p>\n<p>(6) A sign, caravan, vehicle or other structure or thing removed and stored under this section shall be given to a person claiming it if, but only if, he makes a declaration in writing that he is the owner of the sign, caravan, vehicle or other structure or thing or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing it.<\/p>\n<p>(7) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a sign, caravan, vehicle or other structure or thing removed and stored under this section if\u2014<\/p>\n<p>(a) the owner of the sign, caravan, vehicle or other structure or thing fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (5) was served on him, or<\/p>\n<p>(b) the name and address of the owner of the sign, caravan, vehicle or other structure or thing cannot be ascertained by reasonable inquiry.<\/p>\n<p>(8) A sign, caravan, vehicle or other structure or thing shall not be disposed of under this section within six weeks of the date of its removal under this section.<\/p>\n<p>(9) In this section\u2014<\/p>\n<p>\u201cauthorised person\u201d means\u2014<\/p>\n<p>(a) a person authorised in writing by a road authority for the purposes of this section,<\/p>\n<p>(b) a member of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201csign\u201d includes any sign, hoarding or other structure used for the purposes of advertising.<\/p>\n<p>(10) This section shall not apply to a sign which relates to a presidential election within the meaning of the Presidential Elections Act, 1937, a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1923, a local election, a referendum, within the meaning of the Referendum Act, 1942, or an election of members of the European Parliament, unless the sign has been in position for seven days or longer after the latest day upon which the poll was taken for the election, bye-election or referendum concerned.<\/p>\n<p>Section 72<\/p>\n<h4>Skips.<\/h4>\n<p>72.\u2014(1) A road authority may, after consultation with the Commissioner, make bye-laws to regulate and control skips on public roads.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), bye-laws under this section may\u2014<\/p>\n<p>(a) specify the area or areas to which the bye-laws relate;<\/p>\n<p>(b) specify requirements in relation to\u2014<\/p>\n<p>(i) the siting and removal of skips,<\/p>\n<p>(ii) the dimensions and other characteristics of skips,<\/p>\n<p>(iii) the lighting and marking of skips for the purpose of making them readily visible to road users,<\/p>\n<p>(iv) the care and disposal of the contents of skips,<\/p>\n<p>(v) the period of deposit of skips on public roads,<\/p>\n<p>(vi) the earliest practicable removal of skips once full,<\/p>\n<p>(vii) the clear and indelible marking of skips with the name, address and telephone number of the owner or provider,<\/p>\n<p>(viii) the giving of security or the provision of an indemnity;<\/p>\n<p>(c) provide for the issue by the road authority of licences in respect of the deposit of skips on public roads and for the payment of specified fees in respect of such licences;<\/p>\n<p>(d) provide for the attachment of conditions to licences, including conditions relating to any or all of the matters referred to in paragraph (b).<\/p>\n<p>(3) Before making bye-laws under subsection (1), a road authority shall\u2014<\/p>\n<p>(a) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate\u2014<\/p>\n<p>(i) indicating that it is proposed to make bye-laws,<\/p>\n<p>(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the draft bye-laws may be inspected,<\/p>\n<p>(iii) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the road authority for that purpose,<\/p>\n<p>(iv) stating that a copy of the draft bye-laws may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy;<\/p>\n<p>(b) consider any objections or representations made to it under paragraph (a) and not withdrawn;<\/p>\n<p>(c) if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the road authority and consider the report and any recommendation of the person so appointed.<\/p>\n<p>(4) The making of bye-laws under subsection (1) and the consideration of objections or representations under subsection (3) shall be reserved functions.<\/p>\n<p>(5) The bye-laws shall, as soon as may be after they have been made, be published in Iris Oifigi\u00fail and notice of their making 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 to which the bye-laws relate.<\/p>\n<p>(6) Any person who contravenes a bye-law under this section which is deemed to be a penal bye-law shall be guilty of an offence.<\/p>\n<p>(7) An authorised person may\u2014<\/p>\n<p>(a) remove or reposition a skip which contravenes bye-laws made under subsection (1),<\/p>\n<p>(b) notwithstanding the provisions of such bye-laws or of a licence issued under them, remove or reposition a skip which he considers presents an immediate and serious hazard to persons using a public road.<\/p>\n<p>(8) An authorised person may store, or procure the storage of, a skip removed by him under subsection (7).<\/p>\n<p>(9) Where the name and address of the owner of a skip removed and stored under this section can be ascertained by reasonable inquiry, the road authority concerned or the Commissioner shall serve a notice upon the owner informing him of the removal and storage and of the address of the place where the skip may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.<\/p>\n<p>(10) A skip removed and stored under this section shall be given to a person claiming the skip if, but only if, he makes a declaration in writing that he is the owner of the skip or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing the skip.<\/p>\n<p>(11) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a skip removed and stored under this section if\u2014<\/p>\n<p>(a) the owner of the skip fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (9) was served on him, or<\/p>\n<p>(b) the name and address of the owner of the skip cannot be ascertained by reasonable inquiry.<\/p>\n<p>(12) A skip shall not be disposed of under this section within six weeks of the date of its removal under this section.<\/p>\n<p>(13) In this section\u2014<\/p>\n<p>\u201cauthorised person\u201d means\u2014<\/p>\n<p>(a) a person authorised in writing by a road authority for the purposes of this section;<\/p>\n<p>(b) a member of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201cskip\u201d means a container used for the storage or removal of builder&#8217;s materials, rubble, waste, rubbish or other materials and which is designed to be transported by means of a mechanically propelled vehicle (as defined in the Act of 1961).<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C56<br \/>\nApplication of section affected (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 19(2).<\/p>\n<p>Conditions regarding the use of skips.<\/p>\n<p>19. &#8230;<\/p>\n<p>(2) For the purposes of sub-article (1), notwithstanding the provisions of any bye-law made under section 72 of the Roads Act 1993, conditions may include a requirement in relation to the\u2014<\/p>\n<p>(a) carrying of reflectors or lighting of such receptacles so that they are clearly visible during a period when vehicles are required to be lighted,<\/p>\n<p>(b) siting and deposit of such receptacles on public roads, where the temporary set down of skips shall be for no more than three days,<\/p>\n<p>(c) dimensions and other characteristics of such receptacles,<\/p>\n<p>(d) care and disposal of the contents of such receptacles, and<\/p>\n<p>(e) earliest practicable removal of such receptacles when full.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E96<br \/>\nPower pursuant to subs. (6) exercised (1.12.1998) by D\u00fan Laoghaire Rathdown County Council Bye Laws to Control Skips on Public Roads Made under the Roads Act 1993 Section 72 (S.I. No. 573 of 1998).<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19480\" data-postid=\"19480\" class=\"themify_builder_content themify_builder_content-19480 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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.\u00a0 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 [&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\/19480"}],"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=19480"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19480\/revisions"}],"predecessor-version":[{"id":35373,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19480\/revisions\/35373"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}