{"id":19493,"date":"2022-10-16T15:43:34","date_gmt":"2022-10-16T15:43:34","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19493"},"modified":"2024-04-29T22:14:20","modified_gmt":"2024-04-29T22:14:20","slug":"road-status","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/road-status\/","title":{"rendered":"Road Status"},"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\/road-status\/#Duties_of_Road_Users\" title=\"Duties of Road Users\">Duties of Road Users<\/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\/road-status\/#Extent_of_Road\" title=\"Extent of Road\">Extent of Road<\/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\/road-status\/#Classification\" title=\"Classification\">Classification<\/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\/road-status\/#Identification\" title=\"Identification\">Identification<\/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\/road-status\/#Adoption_of_Road\" title=\"Adoption of Road\">Adoption of Road<\/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\/road-status\/#Abandonment_Procedure\" title=\"Abandonment Procedure\">Abandonment Procedure<\/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\/road-status\/#Abandonment_Effect\" title=\"Abandonment Effect\">Abandonment Effect<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/road-status\/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-9\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Classification_of_Roads_and_Assignment_of_Functions\" title=\"Classification of Roads and Assignment of Functions\">Classification of Roads and Assignment of Functions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Classification_of_national_regional_and_local_roads\" title=\"Classification of national, regional and local roads.\">Classification of national, regional and local roads.<\/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\/road-status\/2\/#Declaration_of_public_roads\" title=\"Declaration of public roads.\">Declaration of public roads.<\/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\/road-status\/2\/#Abandonment_of_public_roads\" title=\"Abandonment of public roads.\">Abandonment of 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\/road-status\/2\/#Responsibility_of_road_authorities_for_the_maintenance_and_construction_of_public_roads\" title=\"Responsibility of road authorities for the maintenance and construction of public roads.\">Responsibility of road authorities for the maintenance and construction of public roads.<\/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\/road-status\/2\/#Agreements_and_arrangements_between_road_authorities\" title=\"Agreements and arrangements between road authorities.\">Agreements and arrangements between road authorities.<\/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\/road-status\/2\/#Power_of_Minister_to_issue_directions_and_guidelines_to_road_authorities\" title=\"Power of Minister to issue directions and guidelines to road authorities.\">Power of Minister to issue directions and guidelines to road authorities.<\/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\/road-status\/2\/#Requirements_as_regards_railways_canals_etc\" title=\"Requirements as regards railways, canals, etc.\">Requirements as regards railways, canals, etc.<\/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\/road-status\/2\/#Power_of_Minister_to_specify_national_standards\" title=\"Power of Minister to specify national standards\">Power of Minister to specify national standards<\/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\/road-status\/2\/#Power_of_Minister_to_request_information_from_road_authority\" title=\"Power of Minister to request information from road authority\">Power of Minister to request information from road authority<\/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-20\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#LOCAL_GOVERNMENT_ACT_2001\" title=\"LOCAL GOVERNMENT ACT 2001\">LOCAL GOVERNMENT ACT 2001<\/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-21\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Placenames\" title=\"Placenames\">Placenames<\/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\/road-status\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/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\/road-status\/2\/#Changing_of_placename\" title=\"Changing of placename.\">Changing of placename.<\/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\/road-status\/2\/#Change_of_placename_of_place_situated_in_more_than_one_local_authority_area\" title=\"Change of placename of place situated in more than one local authority area.\">Change of placename of place situated in more than one local authority area.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Daingean_Ui_Chuis\" title=\"Daingean U\u00ed Ch\u00fais.\">Daingean U\u00ed Ch\u00fais.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Construction_of_references\" title=\"Construction of references.\">Construction of references.<\/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-27\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#LOCAL_GOVERNMENT_ACT_2001-2\" title=\"LOCAL GOVERNMENT ACT 2001\">LOCAL GOVERNMENT ACT 2001<\/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-28\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Placenames-2\" title=\"Placenames\">Placenames<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Changing_of_placename-2\" title=\"Changing of placename.\">Changing of placename.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Change_of_placename_of_place_situated_in_more_than_one_local_authority_area-2\" title=\"Change of placename of place situated in more than one local authority area.\">Change of placename of place situated in more than one local authority area.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Daingean_Ui_Chuis-2\" title=\"Daingean U\u00ed Ch\u00fais.\">Daingean U\u00ed Ch\u00fais.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#General_provisions_relating_to_change_of_names\" title=\"General provisions relating to change of names.\">General provisions relating to change of names.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Display_of_name_of_street_or_place\" title=\"Display of name of street or place.\">Display of name of street or place.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/road-status\/2\/#Construction_of_references-2\" title=\"Construction of references.\">Construction of references.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Duties_of_Road_Users\"><\/span>Duties of Road Users<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is the duty of every person using a public road to take reasonable care for his own safety and that of any other person using the public road.\u00a0 It is the duty of a person using a public road to take all reasonable measures to avoid injury to himself or any other person using the public road and damage to property owned or used by him or any other person using the road.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Extent_of_Road\"><\/span>Extent of Road<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road for the purposes of legislation includes any street, lane, footpath, square, court, alley or passage.\u00a0 It includes bridges, viaducts, tunnels, overpasses, flyover&#8217;s, carriageways, pavement or footway.<\/p>\n<p>It includes weighbridges or other facilities for weighing of vehicles, toll plazas or other facilities for collection of tolls, service areas, emergency telephones, first aid posts, culverts, arches, gulley, railing, fences, guardrails, margins, hard shoulders, islands, pedestrian refuge, median, central reserve, channeliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road and any other structure or thing forming part of the road and necessary for the safety, convenience or amenity of road users or for the construction, maintenance and operation and management of the road or for the protection of the environment.<\/p>\n<p>The Minister, made by order, adapt any enactment or instrument relating to a road by deleting reference to a main road, county road urban road, trunk road or link road and substituting national road, regional road or local road as he sees fit.<\/p>\n<p>A road authority may construct and maintain a cycleway.\u00a0 Where it does so, it shall by order declare that the cycleway is for the exclusive use of pedal cyclists or pedal cyclists and pedestrians.\u00a0 A person who uses a cycleway in contravention of the declaration is guilty of an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Classification\"><\/span>Classification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister for Transport may, by order, classify any existing public road or proposed public road as a national road or a regional road.\u00a0 Any road other than the above is a local road.\u00a0 Any new or replacement part of a national or regional road will become a national or regional road.<\/p>\n<p>The Minister may make regulations prescribing classes of public roads in addition to those above.\u00a0 They may make provision for the assignment of responsibility for the maintenance and construction of such classes of roads and for the adaptation for that purpose of provisions below.<\/p>\n<p>The Minister, in the case of national and regional roads and road authority in the case of local roads, may designate particular roads for particular purposes and divide particular classes of roads into subclasses.<\/p>\n<p>Every national, regional road, motorway, bus way, and protected road is automatically a public road.\u00a0 \u00a0It is not necessary for the road authority to make an order to declare it.<\/p>\n<p>A certificate from a road authority that a road is a public road is presumptive evidence of this position.\u00a0 Every road which was a public road under the older legislation shall be continued as a public road.\u00a0 Roads built by a road authority after the 1993 Act, unless otherwise declared are automatically a public road and a declaration is not required.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Identification\"><\/span>Identification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister is to assign a number or other identifying mark to each national and regional road.\u00a0 The road authority is to assign a number and an identifying mark to each local road, which is its responsibility.<\/p>\n<p>The roads authority shall maintain a schedule and map of all public roads in respect of which it has responsibility.\u00a0 A road authority was to prepare a schedule and map as soon as practicable after the legislation commenced.<\/p>\n<p>It shall be open for inspection at its offices during office hours.\u00a0 It shall be in legible form or be capable of reproduction in legible form.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Adoption_of_Road\"><\/span>Adoption of Road<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road authority may, by order, declare any road over which public rights exist to be a public road.\u00a0 Every such road shall be deemed to be a public road and the responsibility for its maintenance shall lie on the road authority.<\/p>\n<p>Where it is proposed to declare a road to be a public road, the authority is to satisfy itself that the road is of general public utility.\u00a0 It is to consider the financial implications of the proposed declaration.\u00a0 It is to publish a proposal in one or more newspapers circulating in the area of the proposal, stating where maps can be inspected and stating periods during which the objections and representations may be made.<\/p>\n<p>It is to consider any objections and requisitions which are made and not withdrawn.\u00a0 The consideration of objections and representations shall be a reserved function.\u00a0 The Minister may prescribe criteria for the declaration of roads to be public roads and the road authority must comply with them in exercising its function.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Abandonment_Procedure\"><\/span>Abandonment Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road authority may abandon a public road following a particular procedure.\u00a0\u00a0 Where it proposes to abandon a road, it shall publish a proposal circulating in newspapers in the area where the road is located.<\/p>\n<p>It shall specify time during which maps of the proposal road may be inspected and stating that objections and representations may be made. It shall affix a notice in a prominent position at each end of the road proposed to be abandoned and leave it in place for a period of at least 14 days.<\/p>\n<p>The road authority is to consider objections and representations made and not withdrawn.\u00a0 If it is considered appropriate, it shall afford an opportunity to persons making objections or representations, who so request in writing to state their case at an oral hearing conducted by a person appointed by the roads authority.\u00a0 It shall consider the report and any recommendation of the person so appointed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Abandonment_Effect\"><\/span>Abandonment Effect<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road authority may make an order to abandon the public road specified in the notice following the above procedure. An order relating to a national or regional road shall not be effective unless the Minister for Transport consents.\u00a0 The Minister may, by order, approve the order with or without modifications or may refuse approval.\u00a0 The Minister shall consult with the Authority before making an order under this power in relation to a national road.<\/p>\n<p>A road authority is no longer responsible for maintenance from the date of abandonment.\u00a0 The abandonment of a public road shall not affect any public right of way over the road and road authority shall not do anything to interfere with such right of way save as is provided by law.<\/p>\n<p>After a public road has been abandoned, the road authority is to publish notice of the abandonment in newspapers circulating in the area.\u00a0 It is to notify in writing any person who made written objections or representations in relation to abandonment. The consideration of objections and representations and report of recommendations of a person appointed above are reserved functions.<\/p>\n<p>The Minister may make regulations in relation to the abandonment of a road.\u00a0\u00a0 In particular, he may specify criteria for abandonment.\u00a0 A road authority shall comply with the regulations in performing its functions.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROADS ACT<\/h2>\n<p>&nbsp;<\/p>\n<p>PART I<\/p>\n<p>Preliminary and General<\/p>\n<p>Section 1<br \/>\nShort title.<\/p>\n<p>1.\u2014This Act may be cited as the Roads Act, 1993.<\/p>\n<p>Section 2<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1925\u201d means the Local Government Act, 1925;<\/p>\n<p>\u201cthe Act of 1946\u201d means the Local Government Act, 1946;<\/p>\n<p>\u201cthe Act of 1955\u201d means the Local Government Act, 1955;<\/p>\n<p>F1[\u2026]<\/p>\n<p>\u201cthe Act of 1974\u201d means the Local Government (Roads and Motorways) Act, 1974;<\/p>\n<p>F1[\u2026]<\/p>\n<p>\u201cthe Act of 1979\u201d means the Local Government (Toll Roads) Act, 1979;<\/p>\n<p>F1[\u2026]<\/p>\n<p>F2[&#8220;Act of 2000&#8221; means Planning and Development Act 2000;]<\/p>\n<p>\u201cthe Authority\u201d means the National Roads Authority established under section 16;<\/p>\n<p>\u201cbusway\u201d has the meaning assigned to it by section 44;<\/p>\n<p>\u201cbusway scheme\u201d means a scheme in respect of a busway made F3[\u2026] under section 47;<\/p>\n<p>\u201cthe Commissioner\u201d means the Commissioner of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201cconsent\u201d means consent in writing;<\/p>\n<p>\u201ccontravention\u201d includes failure to comply;<\/p>\n<p>\u201cdevelopment\u201d has the meaning assigned to it by the Act of 1963;<\/p>\n<p>F2[&#8220;development plan&#8221; has the meaning assigned to it by section 9(1) of the Act of 2000;]<\/p>\n<p>F4[&#8220;EIA Directive&#8221; means Directive 2011\/92\/EU of the European Parliament and of the Council of 13 December 20111 as amended by Directive 2014\/52\/EU of the European Parliament and of the Council of 16 April 20142;<\/p>\n<p>&#8220;environmental impact assessment&#8221;, in relation to a proposed road development, means a process in respect of the development\u2014<\/p>\n<p>(a) consisting of \u2014<\/p>\n<p>(i) the preparation of an environmental impact assessment report in accordance with section 50,<\/p>\n<p>(ii) the carrying out of consultation referred to in section 51(3),<\/p>\n<p>(iii) the examination by An Bord Plean\u00e1la of the information presented in the environmental impact assessment report, any additional information provided in accordance with section 51(4) and any relevant information received through consultation under section 51(3),<\/p>\n<p>(iv) the reaching by An Bord Plean\u00e1la of the reasoned conclusion referred to in section 51(5) on the significant effects of the proposed road development on the environment; and<\/p>\n<p>(v) the integration by An Bord Plean\u00e1la of its reasoned conclusion into its decision under section 51(6),<\/p>\n<p>and<\/p>\n<p>(b) including an examination, analysis and evaluation by An Bord Plean\u00e1la under section 51(5) in order to identify, describe and assess the direct and indirect significant effects of the particular proposed road development, including significant effects derived from the vulnerability of the proposed road development to risks of major accidents and disasters relevant to it, on\u2014<\/p>\n<p>(i) population and human health,<\/p>\n<p>(ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92\/43\/EEC of 21 May 19923 and Directive 2009\/147\/EC of the European Parliament and of the Council of 30 November 20094,<\/p>\n<p>(iii) land, soil, water, air and climate,<\/p>\n<p>(iv) material assets, cultural heritage and the landscape, and<\/p>\n<p>(v) the interaction between the factors mentioned in subparagraphs (i) to (iv);<\/p>\n<p>&#8220;environmental impact assessment report&#8221; shall be construed in accordance with section 50;]<\/p>\n<p>\u201cfootpath\u201d means a road over which there is a public right of way for pedestrians only, not being a footway;<\/p>\n<p>\u201cfootway\u201d means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;<\/p>\n<p>\u201cfunctions\u201d includes powers and duties and references to the performance of functions includes references to the performance of powers and duties;<\/p>\n<p>F2[&#8220;land&#8221; has the meaning assigned it by the Act of 2000; ]<\/p>\n<p>F5[&#8220;local authority&#8221; means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]<\/p>\n<p>\u201clocal road\u201d means a public road other than a national road or a regional road;<\/p>\n<p>\u201cmaintenance\u201d in relation to public roads includes improvement and management;<\/p>\n<p>F2[&#8220;Minister&#8221; means Minister for Transport;]<\/p>\n<p>\u201cmotorway\u201d has the meaning assigned to it by section 43;<\/p>\n<p>\u201cmotorway scheme\u201d means a scheme in respect of a motorway made F3[\u2026] under section 47;<\/p>\n<p>\u201cnational road\u201d means a public road or a proposed public road which is classified as a national road under section 10;<\/p>\n<p>F6[&#8220;national managed road&#8221; means a national road or a proposed national road, or any part thereof, which is designated as a national managed road under section 10A;]<\/p>\n<p>\u201cowner\u201d when used in relation to any thing which is the subject of a hire-purchase or leasing agreement includes the person in possession of that thing under the agreement;<\/p>\n<p>\u201cpedal cycle\u201d and \u201cpedal cyclist\u201d have the meanings respectively assigned to them by the Act of 1961;<\/p>\n<p>F2[&#8220;planning authority&#8221; has the meaning assigned to it by the Act of 2000;<\/p>\n<p>&#8220;planning permission&#8221; means permission under Part III of the Act of 2000;]<\/p>\n<p>\u201cproposed road development\u201d means any proposed road development F7[which is subject to an environmental impact assessment] under section 50;<\/p>\n<p>\u201cprotected road\u201d has the meaning assigned to it by section 45;<\/p>\n<p>\u201cprotected road scheme\u201d means a scheme in respect of a protected road made F3[\u2026] under section 47;<\/p>\n<p>\u201cpublic authority\u201d means\u2014<\/p>\n<p>(a) a Minister of the Government,<\/p>\n<p>(b) a board or other body established by or under statute,<\/p>\n<p>(c) a local authority;<\/p>\n<p>\u201cpublic road\u201d means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;<\/p>\n<p>\u201cregional road\u201d means a public road or a proposed public road which is classified as a regional road under section 10;<\/p>\n<p>F2[&#8220;reserved function&#8221; is to be read in accordance with section 131 of the Local Government Act 2001;]<\/p>\n<p>\u201croad\u201d includes\u2014<\/p>\n<p>(a) any street, lane, footpath, square, court, alley or passage,<\/p>\n<p>(b) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, F8[carriageway (whether single or multiple and whether or not designated for a particular class of vehicle),] pavement or footway,<\/p>\n<p>(c) any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gulley, railing, fence, wall, barrier, guardrail, margin, F9[verge,] kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and<\/p>\n<p>(d) any other structure or thing forming part of the road F10[\u2026]\u2014<\/p>\n<p>(i) F8[used, or the use of which is reasonably required, for] the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or<\/p>\n<p>(ii) prescribed by the Minister;<\/p>\n<p>F2[&#8220;road authority&#8221; except in Part V, means a local authority]<\/p>\n<p>\u201croadway\u201d means that portion of a road which is provided primarily for the use of vehicles;<\/p>\n<p>F11[&#8220;rights&#8221; includes, in relation to a scheme, rights which are existing or which are proposed to be created in the scheme;<\/p>\n<p>&#8220;scheme&#8221; has the meaning assigned to it by section 47(1);<\/p>\n<p>&#8220;substratum of land&#8221; means any subsoil or anything beneath the surface of land required\u2014<\/p>\n<p>(a) for the purposes of a tunnel or tunnelling or anything connected therewith, or<\/p>\n<p>(b) for any other purpose connected with a scheme;]<\/p>\n<p>F12[&#8220;service area&#8221; means an area beside or in the proximity of a public road where services and facilities for users of the road are provided under a motorway or service area scheme;<\/p>\n<p>&#8220;service area scheme&#8221; means a scheme in respect of a service area made under section 47;]<\/p>\n<p>F2[&#8220;special amenity area order&#8221; means an order confirmed under section 203 of the Act of 2000;]<\/p>\n<p>\u201cState authority\u201d means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland;<\/p>\n<p>\u201cstatutory undertaker\u201d has the meaning assigned to it by the Act of 1963;<\/p>\n<p>F2[&#8220;structure&#8221; has the meaning assigned to it by the Act of 2000;]<\/p>\n<p>\u201csuperannuation benefits\u201d means pensions, gratuities and other allowances payable on resignation, retirement or death;<\/p>\n<p>\u201ctraffic sign\u201d has the meaning assigned to it by section 95 of the Act of 1961.<\/p>\n<p>(2) Except where the context otherwise requires, a reference in any enactment or instrument to a public road, a road or a road authority shall be deemed to be a reference to a public road, a road or a road authority as defined in this Act.<\/p>\n<p>(3) Nothing in this Act affects any existing rule of law in relation to the liability of a road authority for failure to maintain a public road.<\/p>\n<p>(4) The maintenance of a public road includes the provision and maintenance of public lighting.<\/p>\n<p>(5) In this Act a reference to a Part, section or Schedule is to a Part or section of, or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.<\/p>\n<p>(6) In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.<\/p>\n<p>F4[(6A) A reference in this Act to an Annex is a reference to an Annex to the EIA Directive.]<\/p>\n<p>(7) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nDeleted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F2<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F3<br \/>\nDeleted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F4<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 3(a), (c), subject to interpretation provision in reg. 2(2).<\/p>\n<p>F5<br \/>\nSubstituted (1.06.2014) by Local Government and Reform Act 2014 (1\/2014), s. 5(8) and sch. 2 part 6, S.I. No. 214 of 2014.<\/p>\n<p>F6<br \/>\nInserted (31.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 48, S.I. No. 392 of 2023.<\/p>\n<p>F7<br \/>\nSubstituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 3(b), subject to interpretation provision in reg. 2(2).<\/p>\n<p>F8<br \/>\nSubstituted (17.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 42(d)(i), (iii)(II), S.I. No. 364 of 2023.<\/p>\n<p>F9<br \/>\nInserted (17.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 42(d)(ii), S.I. No. 364 of 2023.<\/p>\n<p>F10<br \/>\nDeleted (17.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 42(d)(iii)(I), S.I. No. 364 of 2023.<\/p>\n<p>F11<br \/>\nInserted (1.07.1998) by Roads (Amendment) Act 1998 (23\/1998), s. 2(b), commenced on enactment.<\/p>\n<p>F12<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F13<br \/>\nInserted by Road Traffic and Roads Act 2023 (16\/2023), ss. 37, 42(a)-(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C15<br \/>\nProspective affecting provisions: definitions inserted by Road Traffic and Roads Act 2023 (16\/2023), ss. 37, 42(a)-(c), not commenced as of date of revision.<\/p>\n<p>F13[&#8220;camera&#8221; includes CCTV and other apparatus used for the purposes of creating and capturing photographic images and video;<\/p>\n<p>&#8220;CCTV&#8221; means any fixed and mobile system employing recording devices for recording or processing, including through the use of automatic number plate recognition, a visual image or moving visual images in a public place;]<\/p>\n<p>&#8230;<\/p>\n<p>F13[&#8220;data-gathering device&#8221; means any device, apparatus or equipment used or capable of being used for the gathering of data;]<\/p>\n<p>&#8230;<\/p>\n<p>F13[&#8220;personal data&#8221; has the same meaning as it has in Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 20163;]<\/p>\n<p>&#8230;<\/p>\n<p>F13[&#8220;powered personal transporter&#8221; has the same meaning as it has in section 3 of the Road Traffic Act 1961;]<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nPrevious affecting provision: definition of \u201cMinister\u201d substituted (1.01.1998) by Roads (Amendment) Act 1998 (23\/1998), s. 2(a), commenced on enactment; definition substituted as per F-note above.<\/p>\n<p>1 OJ No. L 26, 28.1.2012, p. 1<\/p>\n<p>2 OJ No. L 124, 25.4.2014, p. 1<\/p>\n<p>3 OJ No. L 206, 22.7.1992, p. 7<\/p>\n<p>4 OJ No. L 20, 26.1.2010, p. 7<\/p>\n<p>Section 3<br \/>\nCommencement.<\/p>\n<p>3.\u2014This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nPower pursuant to section exercised (1.01.1995) by Roads Act 1993 (Commencement) (No. 2) Order 1994 (S.I. No. 399 of 1994), reg. 2.<\/p>\n<p>2. The Roads Act, 1993, except insofar as previously commenced, shall come into operation on the 1st day of January, 1995.<\/p>\n<p>E5<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Act 1993 (Commencement) Order 1994 (S.I. No. 118 of 1994), reg. 2.<\/p>\n<p>2. The following provisions of the Roads Act, 1994 shall come into operation on the 1st day of July, 1994:<\/p>\n<p>(a) section 9, section 40 and sections 43 to 66.<\/p>\n<p>(b) section 4 for the purpose of effecting the repeal of the enactments specified in the First Schedule to this Order.<\/p>\n<p>(c) section 6 for the purpose of effecting the amendment of the enactments specified in the Second Schedule to this Order.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Session and Chapter or Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>No. 5 of 1925<\/p>\n<p>Local Government Act, 1925.<\/p>\n<p>Sections 32 and 33.<\/p>\n<p>No. 6 of 1974<\/p>\n<p>Local Government (Roads and Motorways) Act, 1974.<\/p>\n<p>The whole Act.<\/p>\n<p>No. 34 of 1979<\/p>\n<p>Local Government (Toll Roads) Act, 1979.<\/p>\n<p>The whole Act.<\/p>\n<p>No. 34 of 1987<\/p>\n<p>Dublin Transport Authority (Dissolution) Act, 1987.<\/p>\n<p>Section 11.<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Minor and Consequential Amendments<\/p>\n<p>Session and Chapter or Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Nature of Amendment<\/p>\n<p>No. 24 of 1946<\/p>\n<p>Local Government Act, 1946.<\/p>\n<p>In section 2, after the definition of &#8220;the Act of 1941&#8221; there shall be inserted &#8220;the expression &#8216;the Authority&#8217; has the meaning assigned to it by the Roads Act, 1993 &#8220;.<\/p>\n<p>In section 84 (1), (2) and (3), in each place where the words &#8220;road authority&#8221; occur there shall be substituted &#8220;road authority or the Authority&#8221;.<\/p>\n<p>In section 84 (1) (a) for words &#8221; section 24 of the Local Government Act, 1925 (No. 5 of 1925)&#8221; there shall be substituted &#8220;the Roads Act 1993 &#8220;.<\/p>\n<p>In section 84(2) (b) for the words &#8221; section 24 of the Local Government Act, 1925 &#8221; there shall be substituted &#8220;the Roads Act, 1993&#8221;.<\/p>\n<p>E6<br \/>\nPower pursuant to section exercised (23.12.1993 and 1.01.1994) by Roads Act 1993 (Commencement) (No. 2) Order 1993 (S.I. No. 406 of 1993), regs. 2 and 3.<\/p>\n<p>2. Section 16, sections 28 to 39, sections 41 and 42 and articles 1 to 4 and 6 to 11 of the Third Schedule of the Roads Act, 1993 shall come into operation on the 23rd day of December, 1993.<\/p>\n<p>3. The following provisions of the Roads Act, 1993 shall come into operation on the 1st day of January, 1994:<\/p>\n<p>(a) subsection (4) of section 2, sections 17 to 27 and articles 5 and 12 of the Third Schedule,<\/p>\n<p>(b) section 4 for the purpose of effecting the repeal of the enactments specified in the Schedule to this Order.<\/p>\n<p>E7<br \/>\nPower pursuant to section exercised (1.08.1993 and 1.10.1993) by Roads Act 1993 (Commencement) Order 1993 (S.I. No. 197 of 1993), regs. 2 and 3.<\/p>\n<p>2. The following provisions of the Roads Act, 1993 shall come into operation on the 1st day of August, 1993:<\/p>\n<p>(a) section 1, section 2 other than subsection (4), section 3, section 5, sections 7 and 8, subsections (1) to (4) of section 10, sections 11 and 12, subsections (6) to (10) of section 13, section 15, sections 67 to 73, section 75 and sections 77 to 85.<\/p>\n<p>(b) section 4 for the purpose of effecting the repeal of the enactments specified in the First Schedule to this Order.<\/p>\n<p>(c) section 6 for the purpose of effecting the amendment of the enactments specified in the Second Schedule to this Order.<\/p>\n<p>3. Section 76 of the Roads Act, 1993 shall come into operation on the 1st day of October, 1993.<\/p>\n<p>Section 4<br \/>\nRepeals.<\/p>\n<p>4.\u2014(1) The enactments mentioned in the First Schedule are hereby repealed to the extent mentioned in the third column of that Schedule.<\/p>\n<p>(2) The provisions of this Act shall have effect notwithstanding the provisions of any enactment enacted before the passing of this Act and any such enactment shall stand repealed to the extent that it is inconsistent with any provision of this Act.<\/p>\n<p>Section 5<br \/>\nSavers.<\/p>\n<p>5.\u2014(1) (a) Notwithstanding section 4, orders made under section 2 (1) of the Act of 1974 that were in force immediately before the commencement of section 10, shall continue in force and shall be deemed to have been made under section 10 (1) (a).<\/p>\n<p>(b) Notwithstanding section 4, orders made under section 2 (2) and (2A) of the Act of 1974 shall continue in force as if motorway or busway schemes in respect of the motorways or busways specified in those orders had been approved by the Minister under section 49.<\/p>\n<p>(2) (a) Notwithstanding section 4, any scheme approved (with or without modifications) by the Minister under section 4 of the Act of 1974 shall continue in force and shall be deemed to be a scheme approved under section 49.<\/p>\n<p>(b) Notwithstanding section 4, any scheme made by a road authority under section 4 of the Act of 1974 but not approved by the Minister before the repeal of section 4 of the Act of 1974 by section 4 of this Act shall be deemed to be a scheme made under section 47.<\/p>\n<p>(3) Notwithstanding section 4, regulations made under the Act of 1974 shall continue in force and shall be deemed to be regulations made under section 7.<\/p>\n<p>Section 6<br \/>\nMinor and consequential amendments.<\/p>\n<p>6.\u2014Each enactment mentioned in the Second Schedule is hereby amended in the manner stated in the third column of that Schedule.<\/p>\n<p>Section 7<br \/>\nRegulations.<\/p>\n<p>7.\u2014(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matters referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.<\/p>\n<p>(2) Every regulation made under this Act, other than a regulation under section 10 or 17, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(3) Where it is proposed to make regulations under section 10 or 17, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E8<br \/>\nPower pursuant to subs. (1) exercised (19.12.2023) by Roads Act 1993 (Prescribed Zero to Low Emission Vehicles) Regulations 2023 (S.I. No. 656 of 2023).<\/p>\n<p>E9<br \/>\nPower pursuant to section exercised (17.09.2019) by Roads (Amendment) Regulations 2019 (S.I. No. 486 of 2019).<\/p>\n<p>E10<br \/>\nPower pursuant to section exercised (17.09.2019) by Roads (Schemes) (Forms) (Amendment) Regulations 2019 (S.I. No. 485 of 2019).<\/p>\n<p>E11<br \/>\nPower pursuant to section exercised (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008).<\/p>\n<p>E12<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>E13<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2001) by Roads Regulations 2000 (S.I. No. 453 of 2000); revoked (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 9.<\/p>\n<p>Section 8<br \/>\nRevocation and amendment of orders and directions.<\/p>\n<p>8.\u2014(1) The Minister may by order revoke or amend any order made by him under any provision of this Act, other than section 3.<\/p>\n<p>(2) The Minister or the Authority may by direction revoke or amend any direction given by him or it under this Act.<\/p>\n<p>(3) Orders made under section 12, 49, 51, 58, 60, 61 or 73 of this Act shall be exempted from the provisions of section 3 (1) of the Statutory Instruments Act, 1947.<\/p>\n<p>(4) Where an order referred to in subsection (3) has been made, the road authority concerned shall, as soon as may be, give notice thereof to its members.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nPower pursuant to section exercised (31.08.2023) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2023 (S.I. No. 437 of 2023).<\/p>\n<p>E15<br \/>\nPower pursuant to section exercised (31.08.2023) by Roads Act 1993 (Classification of National Roads) (Amendment) Order 2023 (S.I. No. 436 of 2023).<\/p>\n<p>E16<br \/>\nPower pursuant to section exercised (2.09.2022) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2023 (S.I. No. 437 of 2022).<\/p>\n<p>E17<br \/>\nPower pursuant to subs. (1) exercised (18.01.2021) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2021 (S.I. No. 12 of 2021).<\/p>\n<p>E18<br \/>\nPower pursuant to section exercised (18.11.2019) by Roads Act 1993 (Classification of National Roads) (Amendment) Order 2019 (S.I. No. 576 of 2019).<\/p>\n<p>E19<br \/>\nPower pursuant to section exercised (15.11.2019) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2019 (S.I. No. 577 of 2019).<\/p>\n<p>E20<br \/>\nPower pursuant to section exercised (16.10.2018) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2018 (S.I. No. 435 of 2018).<\/p>\n<p>E21<br \/>\nPower pursuant to section exercised (16.10.2018) by Roads Act 1993 (Classification of National Roads) (Amendment) Order 2018 (S.I. No. 434 of 2018).<\/p>\n<p>E22<br \/>\nPower pursuant to section exercised (8.03.2016) by Roads Act 1993 (Classification of National Roads) (Smithstown-Shannon Airport) Order 2016 (S.I. No. 131 of 2016).<\/p>\n<p>E23<br \/>\nPower pursuant to section exercised (23.02.2012) by Roads Act 1993 (Classification of Regional Roads) Order 2012 (S.I. No. 54 of 2012).<\/p>\n<p>E24<br \/>\nPower pursuant to section exercised (23.02.2012) by Roads Act 1993 (Classification of National Roads) Order 2012 (S.I. No. 53 of 2012).<\/p>\n<p>E25<br \/>\nPrevious affecting provision: power pursuant to section exercised (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006); revoked (23.02.2012) by Roads Act 1993 (Classification of National Roads) Order 2012 (S.I. No. 53 of 2012), reg. 5 and sch. 3.<\/p>\n<p>E26<br \/>\nPrevious affecting provision: power pursuant to section exercised (13.04.2006) by Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No. 188 of 2006); revoked (23.02.2012) by Roads Act 1993 (Classification of Regional Roads) Order 2012 (S.I. No. 54 of 2012), reg. 4.<\/p>\n<p>E27<br \/>\nPrevious affecting provision: power pursuant to section exercised (31.03.1995) by Roads Act 1993 (Declaration of National Roads) Order 1995 (S.I. No. 49 of 1995); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 6 and sch. 4.<\/p>\n<p>E28<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.08.1994) by Roads Act 1993 (Declaration of National Roads) Order 1994 (S.I. No. 209 of 1994); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 6 and sch. 4.<\/p>\n<p>Section 9<br \/>\nReferences to road classifications in previous enactments.<\/p>\n<p>9.\u2014(1) The Minister may by order adapt any enactment or instrument by deleting any reference to a main road, a county road, an urban road, a trunk road or a link road and substituting therefor a reference to a national road, a regional road or a local road as he sees fit.<\/p>\n<p>(2) A reference in any enactment or instrument to a national road shall be deemed to be a reference to a national road as defined in this Act.<\/p>\n<p>PART II<\/p>\n<h4>Classification of Roads and Assignment of Functions<\/h4>\n<p>Section 10<\/p>\n<h4>Classification of national, regional and local roads.<\/h4>\n<p>10.\u2014(1) (a) The Minister may by order classify any existing public road or any proposed public road as a national road.<\/p>\n<p>(b) The Minister may by order classify any existing public road or any proposed public road as a regional road.<\/p>\n<p>(c) A public road, other than a national road or a regional road, shall be a local road.<\/p>\n<p>(d) Where a public road has been classified as a national road or a regional road under this subsection and where that road has been realigned or a by-pass has been constructed on it, such realignment or by-pass shall, unless otherwise provided by order of the Minister under this subsection, be a national road or a regional road, as the case may be, and that section of the existing road which remains following the realignment or the construction of the by-pass shall be a local road.<\/p>\n<p>F14[(e) Where a new section or a replacement section of a national or regional road is proposed or has been provided, the new or replacement section is, unless provided by order of the Minister under this subsection, a national or regional road, as the case may be. Any section of the existing road which remains following the construction of the new or replacement section becomes a local road.]<\/p>\n<p>(2) (a) The Minister may make regulations\u2014<\/p>\n<p>(i) prescribing classes of public roads in addition to or in substitution for the classes referred to in subsection (1), and<\/p>\n<p>(ii) making provision for the assignment of responsibility for the maintenance and construction of such classes of public roads and for the adaptation for that purpose of any of the provisions of section 13<\/p>\n<p>(b) Regulations under this subsection may provide either generally or in a particular case that a reference in any enactment (including this Act) or instrument to a national road, a regional road or a local road is to be construed as a reference to a public road of a class prescribed in such regulations.<\/p>\n<p>(3) (a) The Minister (in the case of national roads and regional roads) and a road authority (in the case of local roads) may by order\u2014<\/p>\n<p>(i) designate particular roads for particular purposes,<\/p>\n<p>(ii) divide a particular class of roads into subclasses.<\/p>\n<p>(b) Where the Authority stands established under section 16 the Minister shall consult with it before classifying a public road or a proposed public road as a national road under subsection (1) (a) or before making an order under paragraph (a) of this subsection relating to a national road.<\/p>\n<p>(4) (a) The Minister shall assign a number or other identifying mark to each national road and regional road.<\/p>\n<p>(b) A road authority shall assign a number or other identifying mark to each local road in respect of which it has responsibility.<\/p>\n<p>(5) (a) A road authority shall keep a schedule and map of all public roads in respect of which it has responsibility.<\/p>\n<p>(b) A road authority shall prepare the schedule and map as soon as practicable after the commencement of this section and shall take all reasonable measures to keep the schedule and map up to date.<\/p>\n<p>(c) The schedule and map shall be kept at the offices of the road authority and shall be available for inspection during office hours.<\/p>\n<p>(d) The schedule and map may be kept otherwise than in a legible form provided that the information contained therein is capable of being reproduced in a legible form.<\/p>\n<p>(e) Articles 85, 86 and 87 of the Public Bodies Order, 1946 are hereby revoked.<\/p>\n<p>(6) A road authority shall, at the request of the Minister and in such manner as may be specified by him, carry out an inventory of all public roads, or of any class or subclass of public road, in respect of which it has responsibility.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nPower pursuant to subs. (1)(b) exercised (31.08.2023) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2023 (S.I. No. 437 of 2023).<\/p>\n<p>E30<br \/>\nPower pursuant to subss. (1)(a), (3)(a) exercised (31.08.2023) by Roads Act 1993 (Classification of National Roads) (Amendment) Order 2023 (S.I. No. 436 of 2023).<\/p>\n<p>E31<br \/>\nPower pursuant to subs. (1)(b) exercised (2.08.2022) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2023 (S.I. No. 437 of 2023).<\/p>\n<p>E32<br \/>\nPower pursuant to subs. (1)(b) exercised (18.01.2021) by Roads Act 1993 (Classification of National Roads) (Amendment) Order 2021 (S.I. No. 12 of 2021).<\/p>\n<p>E33<br \/>\nPower pursuant to subs. (1)(b) exercised (18.11.2019) by Roads Act 1993 (Classification of National Roads) (Amendment) Order 2019 (S.I. No. 576 of 2019).<\/p>\n<p>E34<br \/>\nPower pursuant to subs. (1)(b) exercised (15.11.2019) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2019 (S.I. No. 577 of 2019).<\/p>\n<p>E35<br \/>\nPower pursuant to subs. (1)(b) exercised (16.10.2018) by Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2018 (S.I. No. 435 of 2018).<\/p>\n<p>E36<br \/>\nPower pursuant to subss. (1)(a), (3)(a) exercised (16.10.2018) by Roads Act 1993 (Classification of National Roads) (Amendment) Order 2018 (S.I. No. 434 of 2018).<\/p>\n<p>E37<br \/>\nPower pursuant to subss. (1)(a), (3)(b) exercised (8.03.2016) by Roads Act 1993 (Classification of National Roads) (Smithstown-Shannon Airport) Order 2016 (S.I. No. 131 of 2016).<\/p>\n<p>E38<br \/>\nPower pursuant to subs. (1)(b) exercised (23.02.2012) by Roads Act 1993 (Classification of Regional Roads) Order 2012 (S.I. No. 54 of 2012).<\/p>\n<p>E39<br \/>\nPower pursuant to subss. (1)(a), (3)(a) exercised (23.02.2012) by Roads Act 1993 (Classification of National Roads) Order 2012 (S.I. No. 53 of 2012).<\/p>\n<p>E40<br \/>\nPrevious affecting provision: power pursuant to subs. 1(b) exercised (13.04.2006) by Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No. 188 of 2006); revoked (23.02.2012) by Roads Act 1993 (Classification of Regional Roads) Order 2012 (S.I. No. 54 of 2012), reg. 4.<\/p>\n<p>E41<br \/>\nPrevious affecting provision: power pursuant to subss. (1)(a), (3)(a) exercised (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006); revoked (23.02.2012) by Roads Act 1993 (Classification of National Roads) Order 2012 (S.I. No. 53 of 2012), reg. 5 and sch. 3.<\/p>\n<p>E42<br \/>\nPrevious affecting provision: power pursuant to section exercised (20.01.2004) by Roads Act 1993 (Classification of National Roads) (Gormanston To Dundalk Route and Dundalk Western Bypass) Order 2004 (S.I. No. 18 of 2004); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 6 and sch. 4.<\/p>\n<p>E43<br \/>\nPrevious affecting provision: power pursuant to section exercised (28.05.2004) by Roads Act 1993 (Classification of National Roads) (Fermoy, Rathcormac and Watergrasshill Bypass) Order 2004 (S.I. No. 249 of 2004); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 6 and sch. 4.<\/p>\n<p>E44<br \/>\nPrevious affecting provision: power pursuant to section exercised (20.01.2004) by Roads Act 1993 (Classification of Regional Roads) (Redcow To N52 Link Road) Order 2004 (S.I. No. 19 of 2004); revoked (13.04.2006) by Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No. 188 of 2006), reg. 4.<\/p>\n<p>E45<br \/>\nPrevious affecting provision: power pursuant to section exercised (27.01.2003) by Roads Act 1993 (Classification of National Roads) (Kilcock &#8211; Kinnegad Route) Order 2003 (S.I. No. 26 of 2003); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 6 and sch. 4.<\/p>\n<p>E46<br \/>\nPrevious affecting provision: power pursuant to section exercised (29.11.1996) by Roads Act 1993 (Declaration of National Roads) Order 1996 (S.I. No. 347 of 1996); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 6 and sch. 4.<\/p>\n<p>E47<br \/>\nPrevious affecting provision: power pursuant to section exercised (31.03.1995) by Roads Act 1993 (Declaration of National Roads) Order 1995 (S.I. No. 49 of 1995); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 6 and sch. 4.<\/p>\n<p>E48<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1995) by Roads Act 1993 (Declaration of Regional Roads) Order 1994 (S.I. No. 400 of 1994); revoked (13.04.2006) by Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No. 188 of 2006), reg. 4.<\/p>\n<p>E49<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.08.1994) by Roads Act 1993 (Declaration of National Roads) Order 1994 (S.I. No. 209 of 1994); revoked (13.04.2006) by Roads Act 1993 (Classification of National Roads) Order 2006 (S.I. No. 187 of 2006), reg. 5 and sch. 4.<\/p>\n<p>Section 10A<br \/>\nF15[National managed road<\/p>\n<p>10A.\u2014 The Minister may by order designate a national road or a proposed national road, or any part thereof, as a &#8220;national managed road&#8221;.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nInserted (31.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 49, S.I. No. 392 of 2023.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E50<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>Section 11<\/p>\n<h4>Declaration of public roads.<\/h4>\n<p>11.\u2014(1) (a) A road authority may, by order, declare any road over which a public right of way exists to be a public road, and every such road shall be deemed to be a public road and responsibility for its maintenance shall lie on the road authority.<\/p>\n<p>(b) Where a road authority proposes to declare a road to be a public road it shall\u2014<\/p>\n<p>(i) satisfy itself that the road is of general public utility,<\/p>\n<p>(ii) consider the financial implications for the authority of the proposed declaration,<\/p>\n<p>(iii) publish in one or more newspapers circulating in the area where the road which it is proposed to declare to be a public road is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such declaration before a specified date (which shall be not less than two weeks after the end of the period for inspection),<\/p>\n<p>(iv) consider any objections or representations made to it under paragraph (iii) and not withdrawn.<\/p>\n<p>(2) The consideration of objections or representations and the making of an order under subsection (1) shall be reserved functions.<\/p>\n<p>(3) The Minister may prescribe criteria for the declaration of roads to be public roads and a road authority shall comply with any such prescribed criteria when exercising its functions under this section.<\/p>\n<p>(4) Every national road, regional road, motorway, busway and protected road shall be a public road and it shall not be necessary for a road authority to make an order under subsection (1) in relation to any such road.<\/p>\n<p>(5) A certificate of a road authority that a road is a public road shall be prima facie evidence thereof.<\/p>\n<p>(6) Every road which, immediately before the repeal of an enactment by this Act, was a public road shall be a public road.<\/p>\n<p>(7) Any road constructed or otherwise provided by a road authority after the commencement of this section shall, unless otherwise decided by such road authority, be a public road and it shall not be necessary for the authority to make an order under subsection (1) in relation to any such road.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C16<br \/>\nApplication of section extended by Planning and Development Act 2000 (30\/2000), s. 180(2A), as inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30\/2010), s. 59(c), S.I. No. 477 of 2010.<\/p>\n<p>Taking in charge of estates.<\/p>\n<p>180.\u2014 &#8230;<\/p>\n<p>(2A) (a) Notwithstanding subsections (1) or (2), where a development referred to in subsection (1) has not been completed to the satisfaction of the planning authority and either\u2014<\/p>\n<p>(i) enforcement proceedings have been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, or<\/p>\n<p>(ii) the planning authority considers that enforcement proceedings will not result in the satisfactory completion of the development by the developer,<\/p>\n<p>the authority may in its absolute discretion, at any time after the expiration as respects the permission authorising the development of the appropriate period, where requested by a majority of the owners of the houses in question, initiate the procedures under section 11 of the Roads Act 1993.<\/p>\n<p>(b) In exercising its discretion and initiating procedures under section 11 of the Roads Act 1993, the authority may apply any security given under section 34(4)(g) for the satisfactory completion of the development in question.<\/p>\n<p>&#8230;<\/p>\n<p>C17<br \/>\nApplication of section extended (21.01.2002) by Planning and Development Act 2000 (30\/2000), s. 180(2)(a), S.I. No. 599 of 2001, as amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30\/2010), s. 59, S.I. No. 477 of 2010<\/p>\n<p>Taking in charge of estates.<\/p>\n<p>180.\u2014 &#8230;<\/p>\n<p>(2) (a) Notwithstanding subsection (1), where the development [referred to in subsection (1)] has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, within the meaning of section 40 or the period as extended under section 42, as the case may be, the authority shall, [where requested by the majority of owners of the houses involved], comply with section 11 of the Roads Act, 1993, except that subsection (1)(b)(ii) of that section shall be disregarded.<\/p>\n<p>(b) In complying with paragraph (a), the authority may apply any security given under section 34(4)(g) for the satisfactory completion of the development in question.<\/p>\n<p>&#8230;<\/p>\n<p>C18<br \/>\nReferences to \u201croad authority\u201d construed (21.01.2002) by Planning and Development Act 2000 (30\/2000), s. 180(5), S.I. No. 599 of 2001.<\/p>\n<p>Taking in charge of estates.<\/p>\n<p>180.\u2014 &#8230;<\/p>\n<p>(5) Where a planning authority acts in compliance with this section, references in section 11 of the Roads Act, 1993, to a road authority shall be deemed to include references to a planning authority.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E51<br \/>\nParticulars for notice required in subs. 1(b)(iii) set out (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994), reg. 5.<\/p>\n<p>Section 12<\/p>\n<h4>Abandonment of public roads.<\/h4>\n<p>12.\u2014(1) Save as is provided for in section 73, a road authority shall not abandon a public road except in accordance with the provisions of this section.<\/p>\n<p>(2) Where a road authority proposes to abandon a public road it shall\u2014<\/p>\n<p>(a) publish in one or more newspapers circulating in the area where the public road proposed to be abandoned is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such public road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such proposal 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>(b) affix a copy of such notice in a prominent position at each end of the public road proposed to be abandoned and leave it in place for a period or periods which shall in aggregate be not less than fourteen days,<\/p>\n<p>(c) consider any objections or representations made to it under paragraph (a) and not withdrawn,<\/p>\n<p>(d) 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>(3) (a) A road authority may make an order abandoning the public road specified in the notice published under subsection (2) (a), or a part thereof.<\/p>\n<p>(b) A road authority shall not make an order under paragraph (a) until it has complied with subsection (2).<\/p>\n<p>(4) (a) An order made under subsection (3) relating to a national road or a regional road shall have no effect unless and until the Minister approves the order.<\/p>\n<p>(b) The Minister may, by order, approve the order with or without modifications or he may refuse to approve the order.<\/p>\n<p>(c) The Minister shall consult with the Authority before making an order under this subsection relating to a national road.<\/p>\n<p>(5) (a) A road authority shall no longer be responsible for the maintenance\u2014<\/p>\n<p>(i) of a local road \u2014 from the date on which the order abandoning it is made by the road authority,<\/p>\n<p>(ii) of a national road or a regional road \u2014 from the date on which the Minister approves with or without modifications the order abandoning it.<\/p>\n<p>(b) The abandonment of a public road shall not affect any public right of way over such road and a road authority shall not do anything to interfere with such right of way save as is provided for in law.<\/p>\n<p>(6) A road authority shall as soon as may be after a public road has been abandoned publish notice of such abandonment in the newspaper or newspapers in which notice of the proposed abandonment was published under subsection (2) (a) and shall notify in writing any person who made written objections or representations to it in relation to such abandonment.<\/p>\n<p>(7) The consideration of objections or representations and the report and any recommendations of a person appointed under subsection (2) and the making of an order under subsection (3) shall be reserved functions.<\/p>\n<p>(8) A person who, without lawful authority, removes, or who defaces or damages a notice erected under subsection (2) (b) shall be guilty of an offence.<\/p>\n<p>(9) Where, before the repeal of section 26 of the Act of 1925 by section 4, an application has been made to the Minister under the said section 26 for an order abandoning a public road and such application has not been determined by the Minister or withdrawn, the application shall continue to be dealt with and determined as if the said section 26 had not been repealed.<\/p>\n<p>(10) (a) The Minister may make regulations for the purposes of this section.<\/p>\n<p>(b) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), specify criteria for the abandonment of public roads and a road authority shall comply with any such specified criteria when exercising its functions under this section.<\/p>\n<p>Section 13<\/p>\n<h4>Responsibility of road authorities for the maintenance and construction of public roads.<\/h4>\n<p>13.\u2014F16[(1) Subject to Part III, the maintenance and construction of all national and regional roads in a county or city is a function of the council of that county or city.<\/p>\n<p>(2) It is the function of a local authority to maintain and construct all local roads\u2014<\/p>\n<p>(a) in the case of a county council \u2014 in its administrative area, other than the administrative area of any borough or town referred to in Chapter 2 of Part 1 of Schedule 6 to the Local Government Act 2001 situated within the county of the council, and<\/p>\n<p>(b) in the case of any other local authority \u2014 in its administrative area.<\/p>\n<p>(3) The local authorities referred to in subsections (1) and (2) are road authorities for the purposes of the roads referred to in those subsections and shall, subject to Part III and in respect of those roads, perform all the functions assigned to road authorities by or under any enactment (including this Act) or instrument.<\/p>\n<p>(4) The expenses of a county council in respect of its functions under subsection (2) shall be charged on the county of the council exclusive of any borough or town that is situated within the county.]<\/p>\n<p>(5) In the performance of their functions under subsections (1) and (2), a road authority shall consider the needs of all road users.<\/p>\n<p>(6) (a) A person or group of persons may, with the consent of a road authority, carry out maintenance works on a local road.<\/p>\n<p>(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions and requirements as it thinks fit.<\/p>\n<p>(c) Where a road authority gives its consent under paragraph (a) and the works have been carried out in a bona fide manner and in accordance with every condition, restriction or requirement specified under paragraph (b)\u2014<\/p>\n<p>(i) the works shall be deemed to have been carried out by the road authority, and<\/p>\n<p>(ii) the person or group (and each member thereof) who carried out the works shall be indemnified by the road authority against all actions and claims howsoever arising in respect of the works and the carrying out of works.<\/p>\n<p>(d) A road authority may provide materials, plant, equipment and the services of its staff to a person or group carrying out works under this subsection.<\/p>\n<p>(7) A road authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions under this Act or otherwise in relation to public roads or are ancillary thereto.<\/p>\n<p>F17[(7A) Without prejudice to the generality of this section and save as otherwise provided by law, a road authority may carry out works to reduce, increase or modify\u2014<\/p>\n<p>(a) any lane, footpath, carriageway, pavement or footway, within an existing road,<\/p>\n<p>(b) any median, island, pedestrian refuge, or verge, forming part of the road,<\/p>\n<p>(c) any structure forming part of the road, and<\/p>\n<p>(d) any land or substratum of land on which any of the foregoing is situated.]<\/p>\n<p>F18[(8) Without prejudice to the generality of subsection (7) and save as otherwise provided by law, a road authority may\u2014<\/p>\n<p>(a) provide any amenity, structure, infrastructure or thing on, in, under or over a road for the benefit, utility, safety or convenience of road users,<\/p>\n<p>(b) undertake landscaping, planting or any similar activity on, in, under or over a road in the interests of amenity and the environment,<\/p>\n<p>(c) provide artistic features,<\/p>\n<p>(d) undertake works on, in, under or over a road to install, re-lay, relocate, divert, remove or replace any wire, pipe, drain, duct, cable or other similar infrastructure,<\/p>\n<p>(e) provide any structure or infrastructure on, in, under or over a road for, or in connection with\u2014<\/p>\n<p>(i) the charging of electric vehicles,<\/p>\n<p>(ii) the provision of information to road users, or<\/p>\n<p>(iii) the transmission of information to vehicles being used on a road.]<\/p>\n<p>(9) Notwithstanding the definition of \u201croad\u201d in section 2, nothing in this Act shall be construed as imposing on a road authority any liability, duty or obligation to\u2014<\/p>\n<p>(a) construct or maintain fences or retaining walls adjoining a public road which are the responsibility of any other person and which do not form part of the road, or<\/p>\n<p>(b) construct or maintain any bridges, tunnels, railway crossings or any other structure which by virtue of any enactment are the responsibility of a railway company or other person.<\/p>\n<p>(10) (a) A person who, without lawful authority or the consent of a road authority\u2014<\/p>\n<p>(i) defaces a public road by writing or by any other means,<\/p>\n<p>(ii) damages a public road,<\/p>\n<p>(iii) excavates a public road,<\/p>\n<p>(iv) (I) places or deposits any material or thing on a public road,<\/p>\n<p>(II) permits dung or urine from an animal owned by him or any material or thing which falls from a vehicle owned or used by him, to be left on a public road, or<\/p>\n<p>(III) does any other thing,<\/p>\n<p>such that the material, thing, dung or urine or the doing of such other thing is a hazard or potential hazard to persons using a public road or obstructs or interferes with the safe use of a public road or the maintenance of a public road,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>(c) Where a person does anything in contravention of paragraph (a), a road authority may remove any defacement, repair any damage, fill in any excavation, remove any material, thing, dung or urine or remove or reduce any hazard, potential hazard, obstruction or interference and may recover from such person, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.<\/p>\n<p>F17[(11) Subsection (10) shall not apply to the National Transport Authority when, in the performance of a function in accordance with subsection (2)(b) or (5)(a) of section 44 of the Dublin Transport Authority Act 2008, it is exercising the powers of a road authority.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 6, commenced on enactment.<\/p>\n<p>F17<br \/>\nInserted (17.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 43(a), (c), S.I. No. 364 of 2023.<\/p>\n<p>F18<br \/>\nSubstituted (17.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 43(b), S.I. No. 364 of 2023.<\/p>\n<p>Section 14<\/p>\n<h4>Agreements and arrangements between road authorities.<\/h4>\n<p>14.\u2014(1) (a) Whenever it appears to the Authority that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of the functions of those authorities relating to national roads the Authority may request the road authorities to enter into an agreement in accordance with such terms and conditions as the Authority may specify.<\/p>\n<p>(b) Where any road authority concerned refuses or fails to comply with a request under paragraph (a), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into an agreement in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.<\/p>\n<p>(c) An agreement entered into under this subsection shall not be revoked save with the consent of the Authority.<\/p>\n<p>F19[(d) The Authority may request the road authorities which have entered into an agreement under this subsection to amend it in accordance with such terms and conditions as the Authority may specify or revoke the agreement.<\/p>\n<p>(e) Where any road authority concerned refuses or fails to comply with a request under paragraph (d), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to amend the agreement in accordance with such terms and conditions as it may specify, or to revoke it. The road authorities shall comply with any such direction given by the Authority.]<\/p>\n<p>(2) An agreement under section 59 of the Act of 1955 which provides for the exercise or performance of any function by one road authority for another road authority may contain terms as to\u2014<\/p>\n<p>(a) the vesting of the function in the first-named authority to such extent and for such period as may be specified in the agreement, and<\/p>\n<p>(b) the making of payments or the transfer of financial responsibility,<\/p>\n<p>and may provide for an area of charge other than the area of charge specified in section 10 of the Act of 1946.<\/p>\n<p>(3) (a) Two or more road authorities may make arrangements for the joint discharge of any of their functions.<\/p>\n<p>(b) Whenever it appears to the Authority that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to national roads the Authority may request the road authorities to enter into arrangements in accordance with such terms and conditions as the Authority may specify.<\/p>\n<p>(c) Where any road authority concerned refuses or fails to comply with a request under paragraph (b), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into arrangements in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.<\/p>\n<p>(d) An arrangement entered into under paragraph (b) or (c) shall not be revoked save with the consent of the Authority.<\/p>\n<p>(4) An agreement under section 59 of the Act of 1955 or arrangements under subsection (3) may relate to all or part of the area of a road authority.<\/p>\n<p>(5) (a) Whenever it appears to the Minister that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct them to enter into an agreement.<\/p>\n<p>(b) The Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.<\/p>\n<p>(c) An agreement entered into under this subsection shall not be revoked save with the consent of the Minister.<\/p>\n<p>(6) (a) Whenever it appears to the Minister that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct that they make such arrangements as he may specify.<\/p>\n<p>(b) The Minister may direct that any such arrangements shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.<\/p>\n<p>(c) Any arrangements entered into under this subsection shall not be revoked save with the consent of the Minister.<\/p>\n<p>(7) Any existing agreement in relation to public roads made by road authorities under section 59 of the Act of 1955 shall cease to have force or effect following the expiry of the period of one year from the commencement of this section unless within that period it is continued in force by the said road authorities with, in the case of a national road, the approval of the Authority.<\/p>\n<p>(8) (a) Where an agreement under section 59 of the Act of 1955 is made after the commencement of this section or where arrangements are made under this section and where such agreement or arrangements relate to national roads, such agreement or arrangements shall have no force or effect until approved (with or without modifications) by the Authority.<\/p>\n<p>(b) Paragraph (a) shall not apply to an agreement or arrangements made following a direction by the Authority under subsection (1) or (3).<\/p>\n<p>(9) The Authority may, in relation to national roads, enter into an agreement under section 59 of the Act of 1955 or into arrangements under subsection (3) as if it were a road authority and the provisions of subsection (8) (a) shall not apply to such agreement or arrangements.<\/p>\n<p>(10) The Authority and every road authority shall carry out any agreement or arrangements to which this section relates and to which it is a party in accordance with the terms thereof.<\/p>\n<p>(11) It shall be the duty of a road authority which is a party to an agreement under section 59 of the Act of 1955 relating to public roads (including an existing agreement continued in force under subsection (7)) or arrangements under this section to furnish to the Minister a copy of such agreement or arrangements.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C19<br \/>\nWords in section construed (1.01.2002) by Local Government Act 2001 (37\/2001), s. 88(2), S.I. No. 588 of 2001.<\/p>\n<p>Savers (Part 10).<\/p>\n<p>88.\u2014 &#8230;<\/p>\n<p>(2) Without prejudice to section 20 of the Interpretation Act, 1937, references in section 10 of the Fire Services Act, 1981, section 14 of the Roads Act, 1993, section 2 of the Building Control Act, 1990, and section 5 of the Local Government Act, 1998, to section 59 of the Local Government Act, 1955, shall be read as references to section 85 of this Act.<\/p>\n<p>Section 15<\/p>\n<h4>Power of Minister to issue directions and guidelines to road authorities.<\/h4>\n<p>15.\u2014(1) The Minister may give a direction in writing to a road authority in relation to any of the functions assigned to it by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the road authority shall comply with such direction.<\/p>\n<p>(2) The Minister shall lay a copy of any direction given by him under subsection (1) before each House of the Oireachtas.<\/p>\n<p>(3) The Minister may give policy or other guidelines to road authorities in relation to any of the functions assigned to them by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the authorities shall have regard to the guidelines when performing such functions.<\/p>\n<p>(4) The Minister shall lay a copy of any guidelines given by him under subsection (3) before each House of the Oireachtas.<\/p>\n<p>Section 15A<br \/>\nF20[<\/p>\n<h4>Requirements as regards railways, canals, etc.<\/h4>\n<p>15A.\u2014A road authority shall not construct or reconstruct a bridge or viaduct over, or a tunnel under\u2014<\/p>\n<p>(a) a railway, save with the consent of the Minister for Public Enterprise, or<\/p>\n<p>(b) any inland waterway within the meaning of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998, or any navigable water, save with the consent of the Minister for Arts, Heritage, Gaeltacht and the Islands.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nInserted (1.01.2002) by Local Government Act 2001 (37\/2001), s. 245, S.I. No. 588 of 2001.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C20<br \/>\nFunctions under para. (b) transferred and references construed (9.09.2020) by Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 340 of 2020), arts. 2, 3 and sch. part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note that name of Minister of and Department for Housing, Planning and Local Government was changed to Minister of and Department for Housing, Local Government and Heritage (30.09.2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 2.<\/p>\n<p>2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by this Order are transferred to the Department of Housing, Planning and Local Government.<\/p>\n<p>(2) References to the Department of Culture, Heritage and the Gaeltacht contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.<\/p>\n<p>3. (1) The functions vested in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule in so far as they relate to &#8211;<\/p>\n<p>(a) inland waterways,<\/p>\n<p>(b) Waterways Ireland, or<\/p>\n<p>(c) supporting and promoting North\/South co-operation in relation to inland waterways,are transferred to the Minister for Housing, Planning and Local Government.<\/p>\n<p>(2) References to the Minister for Culture, Heritage and the Gaeltacht contained in any Act or instrument made thereunder and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>Section 15A(b) of the Roads Act 1993 (No. 14 of 1993)<\/p>\n<p>&#8230;<\/p>\n<p>C21<br \/>\nApplication of section restricted (10.04.2003) by Local Government Act 2003 (8\/2003), s. 2(3), commenced on enactment.<\/p>\n<p>Application of certain provisions.<\/p>\n<p>2.\u2014(1) Notwithstanding the repeal of Part IV by the Principal Act, Part IV continues to apply and shall be deemed always to have applied in relation to an application for a bridge order that was made to the Minister before 31 December 2001 and the bridge order made after that date by the Minister pursuant to such an application.<\/p>\n<p>&#8230;<\/p>\n<p>(3) Section 15A (inserted by the Principal Act) of the Roads Act 1993 shall not apply to the construction of a bridge pursuant to a bridge order referred to in subsection (1) of this section.<\/p>\n<p>Section 15B<br \/>\nF21[<\/p>\n<h4>Power of Minister to specify national standards<\/h4>\n<p>15B.\u2014 (1) The Minister may specify national standards in respect of the design, construction or maintenance of public roads.<\/p>\n<p>(2) Any person, road authority or public authority carrying out works involving the design, construction or maintenance of public roads shall comply with the national standards (if any) specified by the Minister under subsection (1).<\/p>\n<p>(3) The Minister may request the Authority to amend any standards specified by it under section 19(1)(e) and the Authority shall comply with any such request.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nInserted by Roads Act 2015 (14\/2015), s. 20, commenced on enactment.<\/p>\n<p>Section 15C<br \/>\nF22[<\/p>\n<h4>Power of Minister to request information from road authority<\/h4>\n<p>15C.\u2014 The Minister may request a road authority to furnish him or her with such information as he or she may require in connection with any of the authority\u2019s functions in relation to regional and local roads, under this Act, and the authority shall comply with any such request.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nInserted (6.05.2015) by Roads Act 2015 (14\/2015), s. 20, commenced on enactment.<\/p>\n<h2>LOCAL GOVERNMENT ACT 2001<\/h2>\n<p>PART 18<\/p>\n<h4>Placenames<\/h4>\n<p>Section 188 188<\/p>\n<h4>Interpretation.<\/h4>\n<p>188.\u2014 In this Part\u2014<\/p>\n<p>F249[&#8220;functional area&#8221; means as respects\u2014<\/p>\n<p>(a) a city council, the city,<\/p>\n<p>(b) a county council, the county,<\/p>\n<p>(c) a city and county council, the city and county;]<\/p>\n<p>F249[&#8220;locality&#8221; means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;]<\/p>\n<p>F250[\u2026]<\/p>\n<p>F249[&#8220;placename&#8221; includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;]<\/p>\n<p>&#8220;qualified elector&#8221; means a person who, in relation to a place (including a street) to which a placename applies, is registered as a local government elector in the register of electors for the time being in force;<\/p>\n<p>&#8220;street&#8221; includes\u2014<\/p>\n<p>(a) part of a street, and<\/p>\n<p>(b) a road, square, lane or any other public place or part thereof.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F248<br \/>\nSubstituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 446 of 2011.<\/p>\n<p>F249<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 155, 156, 158, S.I. No. 214 of 2014.<\/p>\n<p>F250<br \/>\nDeleted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 ref. 157, S.I. No. 214 of 2014.<\/p>\n<p>Section 189<br \/>\nF251[<\/p>\n<h4>Changing of placename.<\/h4>\n<p>189.\u2014 (1) A F252[local council] may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F252[local council] adopt a proposal to substitute a new placename (in this section referred to as the &#8220;proposed new placename&#8221;) for the then existing placename in respect of that place.<\/p>\n<p>(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.<\/p>\n<p>(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.<\/p>\n<p>(4) Where a F252[local council] adopts a proposal under subsection (1) it shall\u2014<\/p>\n<p>(a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and<\/p>\n<p>(b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.<\/p>\n<p>(5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the F252[local council] that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.<\/p>\n<p>(6) A F252[local council] shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection.<\/p>\n<p>(7) After considering any submissions referred to in subsection (6), a F252[local council] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F252[local council] decide\u2014<\/p>\n<p>(a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as it considers appropriate, or<\/p>\n<p>(b) not to proceed with the proposal to change the placename of the place concerned.<\/p>\n<p>(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.<\/p>\n<p>(9)(a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the F252[local council] concerned shall make a declaration stating that, from such date (determined in accordance with paragraph (b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.<\/p>\n<p>(b) Where the Cathaoirleach of a F252[local council] makes a declaration under this subsection, the placename specified in the declaration shall\u2014<\/p>\n<p>(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or<\/p>\n<p>(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.<\/p>\n<p>(c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.<\/p>\n<p>(d) Every declaration under this subsection shall be published in Iris Oifigi\u00fail, as soon as may be after its making.<\/p>\n<p>(10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191.]<\/p>\n<p>F253[(11) In this section &#8220;local council&#8221;, in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F251<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>F252<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(8) and sch. 2 part 6, commenced as per s. 1(23) and S.I. No. 216 of 2014.<\/p>\n<p>F253<br \/>\nInserted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(8) and sch. 2 part 6, commenced as per s. 1(23) and S.I. No. 216 of 2014.<\/p>\n<p>Section 190<br \/>\nF254[<\/p>\n<h4>Change of placename of place situated in more than one local authority area.<\/h4>\n<p>190.\u2014 (1) (a) A local authority may, in relation to a place that is situated\u2014<\/p>\n<p>(i) in its functional area, and<\/p>\n<p>(ii) in the functional area of another local authority or the functional areas of other local authorities,<\/p>\n<p>by resolution passed by not less than half of the members standing elected or coopted for the time being to the first-mentioned local authority, propose to substitute a new placename (in this section referred to as the &#8220;proposed new placename&#8221;) for the then existing placename in respect of that place.<\/p>\n<p>(b) A proposal referred to in paragraph (a) shall stand adopted by the local authority first-mentioned in that paragraph upon the passing, in accordance with paragraph (c), of a resolution by each other local authority within whose functional area part of the place concerned is also situated consenting to the adoption of the proposal.<\/p>\n<p>(c) A resolution referred to in paragraph (b) shall be passed by not less than half of the members standing elected or coopted for the time being to the local authority concerned.<\/p>\n<p>(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.<\/p>\n<p>(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.<\/p>\n<p>(4) Where a proposal stands adopted under subsection (1), each local authority shall, in respect of that part of the place situated in its functional area\u2014<\/p>\n<p>(a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and<\/p>\n<p>(b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.<\/p>\n<p>(5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the local authority that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.<\/p>\n<p>(6) A local authority shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection.<\/p>\n<p>(7) After considering any submissions referred to in subsection (6), each local authority concerned may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority decide\u2014<\/p>\n<p>(a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as the local authorities concerned consider appropriate, or<\/p>\n<p>(b) not to proceed with the proposal to change the placename of the place concerned.<\/p>\n<p>(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.<\/p>\n<p>(9) (a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirligh of the local authorities concerned shall jointly declare that, from such date (determined in accordance with paragraph (b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.<\/p>\n<p>(b) Where the Cathaoirligh of the local authorities concerned make a declaration under this subsection, the placename specified in the declaration shall\u2014<\/p>\n<p>(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or<\/p>\n<p>(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.<\/p>\n<p>(c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.<\/p>\n<p>(d) Every declaration under this subsection shall be published in Iris Oifigi\u00fail, as soon as may be after its making.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F254<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 191<br \/>\nF255[<\/p>\n<h4>Daingean U\u00ed Ch\u00fais.<\/h4>\n<p>191.\u2014 (1) The townland, civil parish, electoral division and non-municipal town that, immediately before the commencement of this section, was known (pursuant to the Order of 2004) as An Daingean shall, from such commencement, be known, in the Irish language, as Daingean U\u00ed Ch\u00fais and, in the English language, as Dingle.<\/p>\n<p>(2) The Order of 2004 is amended by the deletion\u2014<\/p>\n<p>(a) of the text in columns (1) and (2) of Caibidil 1 of Roinn A of Cuid 4 at reference number 171,<\/p>\n<p>(b) of the text in columns (1) and (2) of Caibidil 2 of Roinn A of Cuid 4 at reference number 4, and<\/p>\n<p>(c) of the text in columns (1) and (2) of Caibidil 4 of Roinn A of Cuid 4 at reference number 11.<\/p>\n<p>(3) In this section &#8220;Order of 2004&#8221; means the An t-Ord\u00fa Logainmneacha (Ceantair Ghaeltachta) 2004 (S.I. No. 872 of 2004).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F255<br \/>\nSubstituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 446 of 2011.<\/p>\n<p>Section 192<br \/>\nF256[General provisions relating to change of names.<\/p>\n<p>192.\u2014 (1) The consideration of submissions received under this Part shall be a reserved function.<\/p>\n<p>(2) A local authority shall, in adopting a proposal under section 189 or 190 have regard to local traditions.<\/p>\n<p>(3) (a) If a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) of section 189 or subsection (7) of section 190 in relation to a place in a Gaeltacht area is in favour of the proposed new placename concerned, the Minister for Arts, Heritage and Gaeltacht Affairs shall make an order declaring that, from such date (determined in accordance with paragraph (b)) as is specified in the order, that proposed new placename shall become and be the placename in respect of the place concerned.<\/p>\n<p>(b) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under this subsection, the placename to which the declaration in the order relates shall\u2014<\/p>\n<p>(i) if the order is made not less than 3 months before the 1st day of January next following the order, become and be the placename of the place concerned from the said 1st day of January, or<\/p>\n<p>(ii) in any other case, become and be the placename of the place concerned from the first anniversary of the said 1st day of January.<\/p>\n<p>(c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(4) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under subsection (3), any provision of an order made under section 32 of the Official Languages Act 2003 in force immediately before the making of the first-mentioned order shall stand revoked in so far only as it conflicts with the first-mentioned order.<\/p>\n<p>(5) (a) The Minister may make regulations for the purposes of this Part.<\/p>\n<p>(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may make provision in relation to the bearing of the costs incurred by local authorities in the performance of their functions under section 190 or as a consequence of the substitution of a placename under that section.<\/p>\n<p>(6) In this section &#8220;Gaeltacht area&#8221; has the same meaning as it has in the Official Languages Act 2003.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F256<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 193<br \/>\nF257[ Display of name of street or place.<\/p>\n<p>193.\u2014 A local authority may cause the placename of a street or other place to be displayed on a conspicuous part of any building, structure or land located on that street or at that place.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F257<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 194 194<br \/>\nF258[<\/p>\n<h4>Construction of references.<\/h4>\n<p>194.\u2014 (1) Where a declaration under section 189 or 190 is made in respect of a place\u2014<\/p>\n<p>(a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the declaration in accordance with subsection (9) of section 189 or subsection (9) of section 190, as the case may be, shall, from that date, be construed as references to the placename specified in that declaration, and<\/p>\n<p>(b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.<\/p>\n<p>(2) Where an order under section 192 is made in respect of a place\u2014<\/p>\n<p>(a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the order in accordance with subsection (3) of that section shall, from that date, be construed as references to the placename specified in that order, and<\/p>\n<p>(b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.]<\/p>\n<p>F259[(3) (a) References in any enactment, instrument or other document to An Daingean shall, from the commencement of section 191, be construed as references to Daingean U\u00ed Ch\u00fais.<\/p>\n<p>(b) References in any proceedings (civil or criminal) pending immediately before the commencement of section 191 to An Daingean shall, from such commencement, be construed as references to Daingean U\u00ed Ch\u00fais.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F258<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>F259<br \/>\nSubstituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 446 of 2011.<\/p>\n<p>Section 195<br \/>\nChanging of name of locality situated in more than one local authority area.<\/p>\n<p>195.\u2014F260[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F260<br \/>\nDeleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 196<br \/>\nGeneral provisions relating to change of names.<\/p>\n<p>196.\u2014F261[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F261<br \/>\nDeleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 197<br \/>\nDisplay of name of street, etc.<\/p>\n<p>197.\u2014F262[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F262<br \/>\nDeleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<h2>LOCAL GOVERNMENT ACT 2001<\/h2>\n<p>PART 18<\/p>\n<h4>Placenames<\/h4>\n<p>Section 188 188<br \/>\nInterpretation.<\/p>\n<p>188.\u2014 In this Part\u2014<\/p>\n<p>F249[&#8220;functional area&#8221; means as respects\u2014<\/p>\n<p>(a) a city council, the city,<\/p>\n<p>(b) a county council, the county,<\/p>\n<p>(c) a city and county council, the city and county;]<\/p>\n<p>F249[&#8220;locality&#8221; means a part (other than a town, townland or street) of a county, city, city and county, or town in respect of which a name (other than the name of the county, city, city and county, or town concerned) is in common use;]<\/p>\n<p>F250[\u2026]<\/p>\n<p>F249[&#8220;placename&#8221; includes the name of a county, city, city and county, town, village, barony, parish, townland, street or locality, district, region or place, as described in a map produced by Ordnance Survey Ireland;]<\/p>\n<p>&#8220;qualified elector&#8221; means a person who, in relation to a place (including a street) to which a placename applies, is registered as a local government elector in the register of electors for the time being in force;<\/p>\n<p>&#8220;street&#8221; includes\u2014<\/p>\n<p>(a) part of a street, and<\/p>\n<p>(b) a road, square, lane or any other public place or part thereof.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F248<br \/>\nSubstituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 446 of 2011.<\/p>\n<p>F249<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 155, 156, 158, S.I. No. 214 of 2014.<\/p>\n<p>F250<br \/>\nDeleted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 ref. 157, S.I. No. 214 of 2014.<\/p>\n<p>Section 189<br \/>\nF251[<\/p>\n<h4>Changing of placename.<\/h4>\n<p>189.\u2014 (1) A F252[local council] may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F252[local council] adopt a proposal to substitute a new placename (in this section referred to as the &#8220;proposed new placename&#8221;) for the then existing placename in respect of that place.<\/p>\n<p>(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.<\/p>\n<p>(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.<\/p>\n<p>(4) Where a F252[local council] adopts a proposal under subsection (1) it shall\u2014<\/p>\n<p>(a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and<\/p>\n<p>(b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.<\/p>\n<p>(5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the F252[local council] that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.<\/p>\n<p>(6) A F252[local council] shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection.<\/p>\n<p>(7) After considering any submissions referred to in subsection (6), a F252[local council] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F252[local council] decide\u2014<\/p>\n<p>(a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as it considers appropriate, or<\/p>\n<p>(b) not to proceed with the proposal to change the placename of the place concerned.<\/p>\n<p>(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.<\/p>\n<p>(9)(a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the F252[local council] concerned shall make a declaration stating that, from such date (determined in accordance with paragraph (b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.<\/p>\n<p>(b) Where the Cathaoirleach of a F252[local council] makes a declaration under this subsection, the placename specified in the declaration shall\u2014<\/p>\n<p>(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or<\/p>\n<p>(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.<\/p>\n<p>(c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.<\/p>\n<p>(d) Every declaration under this subsection shall be published in Iris Oifigi\u00fail, as soon as may be after its making.<\/p>\n<p>(10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191.]<\/p>\n<p>F253[(11) In this section &#8220;local council&#8221;, in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F251<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>F252<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(8) and sch. 2 part 6, commenced as per s. 1(23) and S.I. No. 216 of 2014.<\/p>\n<p>F253<br \/>\nInserted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(8) and sch. 2 part 6, commenced as per s. 1(23) and S.I. No. 216 of 2014.<\/p>\n<p>Section 190<br \/>\nF254[<\/p>\n<h4>Change of placename of place situated in more than one local authority area.<\/h4>\n<p>190.\u2014 (1) (a) A local authority may, in relation to a place that is situated\u2014<\/p>\n<p>(i) in its functional area, and<\/p>\n<p>(ii) in the functional area of another local authority or the functional areas of other local authorities,<\/p>\n<p>by resolution passed by not less than half of the members standing elected or coopted for the time being to the first-mentioned local authority, propose to substitute a new placename (in this section referred to as the &#8220;proposed new placename&#8221;) for the then existing placename in respect of that place.<\/p>\n<p>(b) A proposal referred to in paragraph (a) shall stand adopted by the local authority first-mentioned in that paragraph upon the passing, in accordance with paragraph (c), of a resolution by each other local authority within whose functional area part of the place concerned is also situated consenting to the adoption of the proposal.<\/p>\n<p>(c) A resolution referred to in paragraph (b) shall be passed by not less than half of the members standing elected or coopted for the time being to the local authority concerned.<\/p>\n<p>(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.<\/p>\n<p>(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.<\/p>\n<p>(4) Where a proposal stands adopted under subsection (1), each local authority shall, in respect of that part of the place situated in its functional area\u2014<\/p>\n<p>(a) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and<\/p>\n<p>(b) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.<\/p>\n<p>(5) A person who receives a notification under paragraph (a) of subsection (4) shall be entitled to make submissions in writing to the local authority that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.<\/p>\n<p>(6) A local authority shall consider any submissions received by it in accordance with a notification under paragraph (a) of subsection (4) or a notice under paragraph (b) of that subsection.<\/p>\n<p>(7) After considering any submissions referred to in subsection (6), each local authority concerned may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority decide\u2014<\/p>\n<p>(a) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as the local authorities concerned consider appropriate, or<\/p>\n<p>(b) not to proceed with the proposal to change the placename of the place concerned.<\/p>\n<p>(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.<\/p>\n<p>(9) (a) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirligh of the local authorities concerned shall jointly declare that, from such date (determined in accordance with paragraph (b)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.<\/p>\n<p>(b) Where the Cathaoirligh of the local authorities concerned make a declaration under this subsection, the placename specified in the declaration shall\u2014<\/p>\n<p>(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or<\/p>\n<p>(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.<\/p>\n<p>(c) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.<\/p>\n<p>(d) Every declaration under this subsection shall be published in Iris Oifigi\u00fail, as soon as may be after its making.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F254<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 191<br \/>\nF255[<\/p>\n<h4>Daingean U\u00ed Ch\u00fais.<\/h4>\n<p>191.\u2014 (1) The townland, civil parish, electoral division and non-municipal town that, immediately before the commencement of this section, was known (pursuant to the Order of 2004) as An Daingean shall, from such commencement, be known, in the Irish language, as Daingean U\u00ed Ch\u00fais and, in the English language, as Dingle.<\/p>\n<p>(2) The Order of 2004 is amended by the deletion\u2014<\/p>\n<p>(a) of the text in columns (1) and (2) of Caibidil 1 of Roinn A of Cuid 4 at reference number 171,<\/p>\n<p>(b) of the text in columns (1) and (2) of Caibidil 2 of Roinn A of Cuid 4 at reference number 4, and<\/p>\n<p>(c) of the text in columns (1) and (2) of Caibidil 4 of Roinn A of Cuid 4 at reference number 11.<\/p>\n<p>(3) In this section &#8220;Order of 2004&#8221; means the An t-Ord\u00fa Logainmneacha (Ceantair Ghaeltachta) 2004 (S.I. No. 872 of 2004).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F255<br \/>\nSubstituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 446 of 2011.<\/p>\n<p>Section 192<br \/>\nF256[<\/p>\n<h4>General provisions relating to change of names.<\/h4>\n<p>192.\u2014 (1) The consideration of submissions received under this Part shall be a reserved function.<\/p>\n<p>(2) A local authority shall, in adopting a proposal under section 189 or 190 have regard to local traditions.<\/p>\n<p>(3) (a) If a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) of section 189 or subsection (7) of section 190 in relation to a place in a Gaeltacht area is in favour of the proposed new placename concerned, the Minister for Arts, Heritage and Gaeltacht Affairs shall make an order declaring that, from such date (determined in accordance with paragraph (b)) as is specified in the order, that proposed new placename shall become and be the placename in respect of the place concerned.<\/p>\n<p>(b) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under this subsection, the placename to which the declaration in the order relates shall\u2014<\/p>\n<p>(i) if the order is made not less than 3 months before the 1st day of January next following the order, become and be the placename of the place concerned from the said 1st day of January, or<\/p>\n<p>(ii) in any other case, become and be the placename of the place concerned from the first anniversary of the said 1st day of January.<\/p>\n<p>(c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(4) Where the Minister for Arts, Heritage and Gaeltacht Affairs makes an order under subsection (3), any provision of an order made under section 32 of the Official Languages Act 2003 in force immediately before the making of the first-mentioned order shall stand revoked in so far only as it conflicts with the first-mentioned order.<\/p>\n<p>(5) (a) The Minister may make regulations for the purposes of this Part.<\/p>\n<p>(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may make provision in relation to the bearing of the costs incurred by local authorities in the performance of their functions under section 190 or as a consequence of the substitution of a placename under that section.<\/p>\n<p>(6) In this section &#8220;Gaeltacht area&#8221; has the same meaning as it has in the Official Languages Act 2003.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F256<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 193<br \/>\nF257[<\/p>\n<h4>Display of name of street or place.<\/h4>\n<p>193.\u2014 A local authority may cause the placename of a street or other place to be displayed on a conspicuous part of any building, structure or land located on that street or at that place.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F257<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 194 194<br \/>\nF258[<\/p>\n<h4>Construction of references.<\/h4>\n<p>194.\u2014 (1) Where a declaration under section 189 or 190 is made in respect of a place\u2014<\/p>\n<p>(a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the declaration in accordance with subsection (9) of section 189 or subsection (9) of section 190, as the case may be, shall, from that date, be construed as references to the placename specified in that declaration, and<\/p>\n<p>(b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.<\/p>\n<p>(2) Where an order under section 192 is made in respect of a place\u2014<\/p>\n<p>(a) references in any enactment, instrument or other document to the placename of that place applicable immediately before the date specified in the order in accordance with subsection (3) of that section shall, from that date, be construed as references to the placename specified in that order, and<\/p>\n<p>(b) references in any proceedings (civil or criminal) pending immediately before that date to the placename first-mentioned in paragraph (a) shall, from that date, be construed as references to the placename second-mentioned in that paragraph.]<\/p>\n<p>F259[(3) (a) References in any enactment, instrument or other document to An Daingean shall, from the commencement of section 191, be construed as references to Daingean U\u00ed Ch\u00fais.<\/p>\n<p>(b) References in any proceedings (civil or criminal) pending immediately before the commencement of section 191 to An Daingean shall, from such commencement, be construed as references to Daingean U\u00ed Ch\u00fais.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F258<br \/>\nSubstituted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>F259<br \/>\nSubstituted (7.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 446 of 2011.<\/p>\n<p>Section 195<br \/>\nChanging of name of locality situated in more than one local authority area.<\/p>\n<p>195.\u2014F260[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F260<br \/>\nDeleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 196<br \/>\nGeneral provisions relating to change of names.<\/p>\n<p>196.\u2014F261[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F261<br \/>\nDeleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<p>Section 197<br \/>\nDisplay of name of street, etc.<\/p>\n<p>197.\u2014F262[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F262<br \/>\nDeleted (31.01.2019) by Environment (Miscellaneous Provisions) Act 2011 (20\/2011), s. 48, S.I. No. 23 of 2019.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19493\" data-postid=\"19493\" class=\"themify_builder_content themify_builder_content-19493 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Duties of Road Users It is the duty of every person using a public road to take reasonable care for his own safety and that of any other person using the public road.\u00a0 It is the duty of a person using a public road to take all reasonable measures to avoid injury to himself 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\/19493"}],"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=19493"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19493\/revisions"}],"predecessor-version":[{"id":35779,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19493\/revisions\/35779"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19493"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19493"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19493"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}