Roads Act 2007

1.. Definitions.

1.— In this Act—

“Authority” means National Roads Authority;

“Minister” means Minister for Transport;

“Principal Act” means Roads Act 1993.

2.. Tolls — definitions.

2.— The following is substituted for section 56 of the Principal Act:

“56.— In this Part—

‘consumer-hire agreement’ and ‘ hire-purchase agreement ’ have the meanings assigned to them, respectively, in the Consumer Credit Act 1995;

‘default toll’ means a toll charged and payable in accordance with bye-laws under section 61 in respect of a mechanically propelled vehicle where the toll initially charged and payable in respect of that vehicle for the use of a toll road has not been paid;

‘licensing records’ means records maintained under section 60(2) (inserted by section 86 of the Finance Act 1994 as amended by section 7 of the Motor Vehicle (Duties and Licences) Act 2003) of the Finance Act 1993;

‘mechanically propelled vehicle’ has the meaning assigned to it by the Act of 1961;

‘owner’ means—

(a) in relation to a vehicle (other than a vehicle specified in paragraph (b)), the person by whom the vehicle is kept, or

(b) in relation to a vehicle which is the subject of a hire-purchase or consumer-hire agreement, the person in possession of the vehicle under the agreement;

‘registered in the State’ in relation to a vehicle, means the vehicle is entered in the register established and maintained by the Revenue Commissioners under section 131 of the Finance Act 1992 or in respect of which a licence has been taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952;

‘registered owner’ in relation to a vehicle, means where the vehicle—

(a) is registered in the State, the owner of the vehicle whose name is most recently entered in licensing records, or

(b) is used under a trade licence issued under section 21 of the Finance (No. 2) Act 1992, the holder of the licence;

‘road authority’ means—

(a) in the case of a national road — the Authority, and

(b) in the case of a regional road or local road — the local authority in whose functional area the road is situated;

‘road undertaking’ means, in relation to a toll road—

(a) a road authority, or

(b) where the road authority has entered into—

(i) an agreement with another person under section 63 in relation to any of the matters referred to in paragraph (e) of that section, or

(ii) an arrangement with a partner under section 3(1) of the State Authorities (Public Private Partnership Arrangements) Act 2002 in relation to any of the matters referred to in paragraph (a) of that subsection,

that other person or partner;

‘toll’ means a toll (including a default toll) chargeable under this Part;

‘toll road’ means a public road or proposed public road in respect of which a toll scheme is in force;

‘toll scheme’ means a scheme under section 57.”.

3.. Toll schemes.

3.— Section 57 of the Principal Act is amended in subsection (3), by substituting for paragraph (e) the following:

“(e) specify the manner and method of the charging of and collection of tolls,

(f) specify such other information as the road authority making the scheme considers appropriate or the Minister prescribes by regulations.”.

4.. Default toll, etc.

4.— The following is substituted for section 64 of the Principal Act:

“64.— (1) Where a toll charged and payable in respect of a mechanically propelled vehicle using a toll road is unpaid for such period specified in bye-laws under section 61, a default toll, in accordance with the bye-laws, of not more than such amount specified in the bye-laws being greater than the amount of the toll initially charged, may be charged and be payable in respect of the vehicle.

(2) Bye-laws made under section 61 may—

(a) provide that the amount of a default toll be increased by such amount where it is not paid within such period as specified in the bye-laws,

(b) take into account administrative costs in charging and collecting a default toll, or

(c) specify different amounts in respect of different classes of toll roads and different classes of vehicles.

(3) Where a toll is payable in respect of a mechanically propelled vehicle where—

(a) the vehicle is registered in the State (other than in the circumstances referred to in paragraph (c)) — the registered owner of the vehicle,

(b) the vehicle is not registered in the State — the person, whom the road undertaking concerned can reasonably ascertain, owns or keeps or has possession or charge of the vehicle in the State,

(c) the registered owner or a person referred to in paragraph (b) or (d), as the case may be, on the occasion in question, was not driving or in the vehicle and had not given permission for or required another to use the vehicle and the Garda Síochána were aware or were informed of this — the person who was driving the vehicle on the occasion, or

(d) a person has entered into an agreement with the road undertaking concerned in respect of the payment of tolls in respect of the vehicle — that person,

and the driver of the vehicle, if he or she is not a person mentioned above, are jointly and severally liable to pay the toll.

(4) The amount of any toll due and payable by a person under this Part and unpaid may be recovered from the person as a simple contract debt by the road undertaking concerned in any court of competent jurisdiction.

(5) (a) Notwithstanding section 79, notice of the charge of a toll may be served on a person by the road undertaking concerned by post—

(i) at the place where the person ordinarily resides or carries on business, or

(ii) if an address for the service of such a notice has been provided by the person, that address,

or where arrangements have been made between the person and the road undertaking by such means specified (such as electronic mail) to the place or address specified, in the arrangements.

(b) In any proceedings for the recovery of a toll it shall be presumed, until the contrary is shown, that the defendant received the notice under this paragraph to which the proceedings relate and that payment of the toll has not been made.

(6) A document signed by an officer of the road undertaking concerned (authorised in that behalf by the road undertaking) stating that a mechanically propelled vehicle in respect of which the proceedings are taken for the non-payment of a toll incurred the liability to pay the toll together with any photographic or other evidence taken from a camera or other apparatus referred to in subsection (7) of the identification mark of the vehicle taken at the material time may, without proof of the signature of the officer or that the photographic or other evidence is from a camera or other apparatus referred to in that subsection, be produced in any court and in all legal proceedings and is, until the contrary is shown, evidence that a toll was incurred in respect of the vehicle. It shall not be necessary to show that the camera or other apparatus was accurate or in good working order.

(7) A road authority may approve cameras or other apparatus and the location of them, to be set up and operated by the road undertaking having charge of the collection of tolls on a toll road, for the purposes of—

(a) recording the date and time of a vehicle passing through the toll road and whether payment in respect of the vehicle for the use of the road has been discharged or incurred, and

(b) taking photographic images of the vehicle and its identification mark.

(8) A person who is liable to pay a toll and who fails, neglects or refuses to pay the toll is guilty of an offence.

(9) A person who on a toll road, fails, neglects or refuses to obey a lawful instruction or direction of a person authorised by a road undertaking to provide, operate or manage a toll road or collect or charge tolls on the road is guilty of an offence.

(10) A person who by his or her actions does any thing to avoid being charged or paying a toll while on a toll road is guilty of an offence.

(11) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.

(12) In this section ‘identification mark’ in respect of a mechanically propelled vehicle, means the identification mark assigned to the vehicle—

(a) in the case of a vehicle registered in the State — under section 6 of the Roads Act 1920 or section 131(5) (inserted by section 102 of the Finance Act 2003) of the Finance Act 1992, or

(b) in the case of a vehicle registered in a jurisdiction outside the State — under the laws of that jurisdiction.”.

5.. Access to records.

5.— The following section is inserted after section 64 of the Principal Act:

“64A.— (1) A road undertaking for the purposes of charging and collecting payment of tolls shall have access to and may inspect and examine licensing records and may take or be supplied with information or extracts from those records relating to the charging or payment of tolls on payment of such fee (if any) to cover the administrative costs in accessing such records.

(2) Where a road undertaking for the purposes of charging or collecting payment of a toll in respect of a vehicle using a toll road suspects that the vehicle on the occasion in question is the subject of an agreement and it is unable to ascertain from licensing records information regarding the person in possession of the vehicle under the agreement, it may require and be supplied with information from the registered owner of the vehicle regarding the person in possession of the vehicle under the agreement.

(3) Where a request is made under subsection (2), the registered owner of the vehicle the subject of the request shall, within 21 days, supply to the road undertaking making the request, where the vehicle is the subject of an agreement, the name and address of the person in possession of the vehicle under the agreement, on the occasion in question, to which the request relates.

(4) A person who in supplying information under subsection (3) gives false or misleading information is guilty of an offence.

(5) Where a registered owner fails or refuses to give information to a road undertaking for the purposes of this section the registered owner is presumed, until the contrary is shown, to have had possession of the vehicle on the occasion in question and is liable to pay the toll concerned.

(6) In this section ‘agreement’ means a hire-purchase agreement or a consumer-hire agreement, as the case may be.”.

6.. Responsibility of road authorities for the maintenance and construction of public roads — up-dated references.

6.— Section 13 of the Principal Act is amended by substituting for subsections (1) to (4) the following:

“(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.

(2) It is the function of a local authority to maintain and construct all local roads—

(a) in the case of a county council — 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

(b) in the case of any other local authority — in its administrative area.

(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.

(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.”.

7.. Amendment of functions of NRA relating to national roads.

7.— Section 19 of the Principal Act is amended—

(a) by substituting for subsection (1) the following:

“(1) The Authority may, in relation to national roads or proposed national roads, do all or any of the following:

(a) prepare, or arrange for the preparation of—

(i) designs for construction or improvement works,

(ii) programmes of maintenance works, or

(iii) schemes for the provision of traffic signs;

(b) secure the carrying out of construction or maintenance works, or the provision of traffic signs;

(c) secure the provision of facilities for the parking of vehicles;

(d) allocate moneys and make payments in relation to construction or maintenance works, or in relation to any other function assigned to it by or under this Act;

(e) specify standards in relation to construction or maintenance works;

(f) carry out, arrange to have carried out or assist the carrying out of, training, research or testing activities in relation to any of its functions;

(g) provide any amenity, structure or thing (including, without limitation, service areas, rest areas or lay-bys) for the safety and convenience of road users;

(h) undertake landscaping, planting or any similar activities in the interests of amenity and the environment; or

(i) provide artistic features.”,

(b) by substituting for subsection (6) the following:

“(6) Development consisting of the carrying out of any works by or at the direction of, or on behalf of, the Authority under this Act in relation to the construction or maintenance of a national or other public road or anything related or incidental to such is exempted development for the purposes of the Act of 2000.”,

and

(c) by inserting after subsection (10) the following:

“(11) The Landlord and Tenant Acts 1967 to 2005 do not apply to any lettings effected by the Authority or any road authority, in each case, in performing the functions conferred on it by this Act.”.

8.. Declaration of motorways.

8.— (1) The Minister may, subject to subsection (2), on the application of the Authority, by order declare as a motorway—

(a) any existing public road which, before the passing of this Act, is a national road, or

(b) any proposed road development for the construction of a national road, in respect of which, before the passing of this Act, an application for approval has been made or the development has been approved under section 51 of the Principal Act,

or any part or section as such.

(2) Where the Minister proposes to declare under subsection (1) a road to be a motorway and the Authority informs him or her in writing that—

(a) the road has been or will be constructed to a similar or higher standard as existing motorways,

(b) provision is made for alternative means of access to any land which is to cease as a result of the declaration, and

(c) the road is or will be at least a dual carriageway or an integrated part of the design of a dual carriageway and part of the network of national roads,

the Minister must—

(i) publish, in one or more newspapers circulating in the area where the road is located or the proposed road is intended to be located which he or she proposes to declare to be a motorway, a notice—

(I) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the application under subsection (1) and a map showing the road may be inspected, and

(II) stating that objections or representations may be made in writing to the Minister in relation to the declaration before a specified date (which shall be not less than 2 weeks after the period allowed for such inspection), and

(ii) consider any objections or representations made under paragraph (i)(II) and not withdrawn.

(3) Section 43 of the Principal Act is amended by substituting for subsection (1) the following:

“(1) In this Act ‘motorway’ means—

(a) a public road or proposed public road specified to be a motorway in a motorway scheme approved under section 49, or

(b) a national road or a proposed road development for the construction of a national road declared to be a motorway under section 8 of the Roads Act 2007.”.

(4) Notwithstanding any other enactment, neither a planning authority or An Bord Pleanála shall decide to grant or grant planning permission nor shall a decision by such be regarded as having been given under section 34(8) of the Planning and Development Act 2000 in respect of the developments referred to in section 46 of the Principal Act in respect of a national road or a proposed road development for the construction of a national road declared to be a motorway under subsection (1).

9.. Schemes.

9.— (1) The Principal Act is amended—

(a) in section 47—

(i) by substituting for subsection (1) the following:

“(1) A road authority or the Authority may make—

(a) a motorway scheme,

(b) a service area scheme,

(c) a busway scheme,

(d) a protected road scheme, or

(e) a protected road scheme amending a protected road scheme approved under section 49,

referred to in this Part as a “scheme”.”,

(ii) in subsection (2)(a)(i), (ii), (iii) and (v), by substituting “, protected road or service area” for “or protected road” in each place it occurs,

(iii) in subsection (2)(c), by inserting “(provided under a motorway or protected road scheme)” after “service areas”, and

(iv) in subsection (4)(a) and (b), by inserting “or the Authority” after “road authority”,

(b) by substituting for section 48 the following:

“Procedures to be followed by road authority when submitting scheme to Bord Pleanála.

48.— Before submitting a scheme to An Bord Pleanála under section 49 a road authority or the Authority, as the case may be, shall—

(a) publish in one or more newspapers circulating in the area where the proposed motorway, service area, busway or protected road is to be located a notice in the prescribed form—

(i) stating that a scheme has been made,

(ii) indicating the times at which, the period (not being less than 6 weeks) during which and the place where a copy of the scheme and the map referred to in it may be inspected, and

(iii) stating that objections may be made in writing to An Bord Pleanála in relation to the scheme during that period,

and