Roads Regulations, 1994

JurisdictionIreland

S.I. No. 119 of 1994.

ROADS REGULATIONS, 1994.

The Minister for the Environment in exercise of the powers conferred on him by sections 7 , 40 , 43 , 47 , 48 , 50 , 51 , 53 , 54 , 75 and 83 of the Roads Act, 1993 (No. 14 of 1993) hereby makes the following Regulations:

PART I. PRELIMINARY AND GENERAL.

1. These Regulations may be cited as the Roads Regulations, 1994.

2. (1) ( a ) In these Regulations—

"the Act" means the Roads Act, 1993 ;

"the Authority" means the National Roads Authority;

"the Minister" means the Minister for the Environment.

( b ) Except where otherwise specified any word which has a meaning assigned to it by the Act shall have the same meaning for the purpose of these Regulations.

(2) ( a ) In these Regulations, any reference to a Part, article or Schedule whiich is not otherwise identified is a reference to a Part or article of, or Schedule to, these Regulations.

( b ) In the Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

3. The Regulations referred to in Schedule A are hereby revoked.

4. These Regulations shall come into operation on the 1st day of July, 1994.

PART II. DECLARATION OF PUBLIC ROADS.

5. The notice required to be published pursuant to subsection (1)(b)(iii) of section II of the Act shall, in addition to the particulars specified in that subsection, contain the following particulars—

( a ) in the case of a road or roads within a housing estate — the name and location of the estate;

( b ) in every other case — the location, terminal points and approximate length of the road.

PART III. NATIONAL ROADS AUTHORITY. (DECLARATION OF INTERESTS.)

6. (1) The Form in Schedule B or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (1) of section 40 of the Act.

(2) Every employee of the authority and every person whose services are provided to the Authority under section 32 of the Act shall be a person prescribed for the purposes of subsection (2)(a)(iii) of section 40 of the Act, where the maximum remuneration of that employee or person is equal to or greater than the maximum remuneration for the office of Assistant Principal Officer in the Civil Service.

PART IV USE OF MOTORWAYS.

7. (1) In this article—

"the Act of 1961" means the Road Traffic Act, 1961 ;

"articulated vehicle" has the menaning assigned to it in article 3(1) of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 );

"combination of vehicles" has the menaning assigned to it in subsection (1) of section 3 of the Act of 1961;

"cylinder capacity" means the cylinder capacity of an engine of a vehicle as calculated in accordance with aricle 27 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 );

"invalid carriage" has the meaning assigned to it in article 1(5) of the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 );

"mechanically propelled vehicle" has the meaning assigned to it in section 3 of the Act of 1961;

"pneumatic tyre" has the meaning assigned to it in article 3(1) of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 ).

(2) Any mechanically propelled vehicle or combination of vehicles (other than an invalid carriage) which—

( a ) is driven by a person holding a driving licence referred to in section 22(1) of the Act of 1961 authorising that person to drive the vehicle, and

( b ) is so constructed than its entire weight is transmitted to the road surface by wheels which are equipped with pneumatic tyres, and

( c ) exceeds 50 cubic centimetres in cylinder capacity, where it is propelled by an internal combustion engine, and

( d ) whether propelled by an internal combustion engine or by any other means of propulsion is so constructed and in such a condition and so loaded as to capable of maintaining a speed of 50 kilometres per hour on the level, solely under its own power,

may use a motorway.

(3) Any mechanically propelled vehicle may use a motorway where—

( a ) in an emergency it is so used in accordance with a direction given by a member of the Garda Síochána, or

( b ) a special permit for its use on the motorway has been issued under article 17 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 and its use is in accordance with such permit, or

( c ) the vehicle is engaged or is about to be engaged in construction, maintenance, clearnce, inspection, testing or measurement works on the motorway or in works permitted or consented to under section 53 of the Act.

PART V. ENVIRONMENTAL IMPACT ASSESSMENT.

8. The prescribed types of proposed road development for the purpose of subsection (1)(a)(iii) of section 50 of the Act shall be—

( a ) the construction of a new road of four or more lanes, or the realignment or widening of an existing road so as to provide four or more lanes, where such new, realigned or widended road would be eight kilometres or more in length in a rural area, or 500 metres or more in length in an urban area;

( b ) the construction of a new bridge or tunnel which would be 100 metres or more in length.

9. (1) The prescribed bodies for the purposes of subsection (3)(b) of section 51 of the Act shall be—

( a ) An Chomhairle Ealaíon and the National Mouments Advisory Council where it appears to the road authority that the proposed road development would affect any cave, site, feature or other object of archaeological, geological or historical interest or any building of artistic, architectural or historical interest;

( b ) any local authority, the functional area of which would be affected by the proposed road development.

(2) The prescribed authority in Northern Ireland for the purposes of subsection (3)(c) of section 51 of the Act shall be the Department of the Environment for Northern Ireland.

(3) In this article "local authority" includes the commissioners of a town.

PART VI. WORKS BY STATE AUTHORITIES ETC.

10. (1) The prescribed works for the purposes of subsection (2) of section 53 of the Act shall be—

( a ) the carrying out by any electricity undertaking of development consisting of the construction of overhead transmission or distribution lines for conducting electricity at a nominal voltage of over 20KV;

( b ) the carrying out, by Telecom Éireann — The Irish Telecommunications Services Board or by any person to whom a licence under section 111 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983) has been granted, of development consisting of the provision of—

(i) overhead telecommunications lines where such lines are attached to poles the height of which exceed 10 metres;

(ii) equipment for transmitting or receiving telecommunications messages from satellites in space where such equipment exceeds 10 metres in height above ground level or where any antenna exceeds 5 metres in width;

(iii) any other telecommunications equipment or apparatus where such equipment or apparatus exceeds 15 metres in height above ground level.

(2) The form in Schedule C or a form substantially to the like effect shall be the prescribed form of notice for the purposes of subsection (2) of section 53 of the Act.

PART VII. ACCESS TO SERVICE AREAS.

11. (1) Any person lawfully using a motorway or protected road may enter a service area from that motorway or protected road.

(2) Save as is provided for in sub-article (3), no person shall enter a service area other than from a motorway or protected road.

(3) Sub-article (2) shall not apply to—

( a ) a person who—

(i) enters a service area for the purpose of loading or unloading goods,

(ii) enters a service area for a purpose relating to the provision of services to, or the operation and management of, the service area,

(iii) is employed in a service area, or

(iv) enters a service area for the purpose of setting down or picking up persons employed in the service area;

( b ) ambulances or fire brigade vehicles;

( c ) vehicles used by members of the Garda Síochána or the Defence Forces or by persons employed by local authorities in the performance of their duties as such members or employees;

( d ) any person where access to the service area is necessitated by reason of an emergency where there is a serious risk to persons or property.

(4) Sub-article (2) is deemed to be a penal regulation.

PART VIII. TEMPORARY CLOSING OF ROADS.

12. (1) Where a road authority proposes to close a public road under section 75 of the Act, it shall, save as it provided in sub-article (6), give at least 14 days' notice of its intention to close the road—

( a ) in one or more newspapers circulating in the area in which the road is situated; and

( b ) in writing to the Superintendent of the Garda Síochána within whose district the road is situated.

(2) The notice of intention required to be given by sub-article (1) shall—

( a ) specify the road which it is proposed to temporarily close;

( b ) state the period for which it is proposed to temporarily close the road;

( c ) state the reason why it is proposed to temporarily close the road;

( d ) give particulars of any alternative route or routes which will be available while the road is temporarily closed;

( e ) state that objections may be made in writing to the road authority in relation to the proposed temporary closure of the road before a specified date (which shall be not less than three days after the publication of the notice).

(3) A road...

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