Road Traffic Act 1961

Protection of bridges from excessive burdens.

93

93. (1) ( a) A road authority, railway F172 [ ]company or other person liable to maintain a bridge carrying a public road may, by notices in the prescribed form placed in the prescribed manner on the approaches to the bridge, prohibit any vehicle, which with the load (if any) thereon exceeds the weight specified in the notices, from passing over the bridge either (as may be specified in the notices) at all, at a speed exceeding a specified speed or subject to specified conditions.

( b) A notice placed on the approaches to a bridge which purports to be a notice under this subsection shall, in any legal proceedings, be presumed, until the contrary is shown, to be a notice placed pursuant to this subsection and to be in the prescribed form and placed in the prescribed manner.

(2) Notices shall not be placed under subsection (1) of this section in respect of a bridge unless some restriction on the use of the bridge is reasonably necessary to ensure that the traffic over the bridge will not impose on the bridge a greater burden than it is capable of bearing, and no such notice shall impose a greater restriction on the use thereof than is reasonably necessary for that purpose.

(3) A person, who claims that notices purporting to have been placed under subsection (1) of this section have been so placed in contravention of subsection (2) of this section, may appeal in the prescribed manner to the Minister and, on the hearing of the appeal, the Minister shall give such directions (whether for the maintenance, removal or alteration of the notices) as he thinks proper.

(4) Where the Minister, in consequence of an appeal to him under this section, gives directions for the removal or alteration of the notices to which the appeal relates, the person by whom the notices were placed shall, within three days after the communication of the directions to him, remove or alter the notices in accordance with the directions.

(5) A person who contravenes subsection (4) of this section shall be guilty of an offence.

(6) A person shall not drive a vehicle over a bridge in contravention of a notice placed under subsection (1) of this section in relation to the bridge (notwithstanding that the notice may have been placed in contravention of subsection (2) of this section).

(7) A person who contravenes subsection (6) of this section shall be guilty of an offence.

(8) Where a vehicle is driven over a bridge in such circumstances as to constitute an offence under subsection (6) of this section, the owner of the vehicle shall be liable in damages to the authority, company or other person liable to maintain the bridge for any injury caused to the bridge by the driving of the vehicle over the bridge, and the damages shall be recoverable by such person from the owner of the vehicle by civil action in any court of competent jurisdiction.

(9) Where notices are placed under this section in respect of a bridge, it shall be lawful, with the consent of the Commissioner, for the authority, company or other person liable to maintain the bridge, and it shall be the duty of such authority, company or other person if required by the Commissioner, to erect and maintain a sign, either in advance of or at the bridge, to give indication to traffic of the prohibition provided for by the notices, being a sign conforming with the prescribed provisions as to size, shape, colour and character.

Annotations:

Amendments:

F172

Repealed (1.07.1986) by Canals Act 1986 (3/1986), s. 18 and sch. 3, with effect from vesting day as appointed by S.I. No. 207 of 1986.

F173

Substituted by Road Traffic Act 1968 (25/1968), s. 61(a), not commenced as of date of revision.

F174

Inserted by Road Traffic Act 1968 (25/1968), s. 61(b) and (c), not commenced as of date of revision.

Modifications (not altering text):

C61

Prospective affecting provision: section amended by Road Traffic Act 1968 (25/1968), s. 61(a), not commenced as of date of revision.

93. (1) F173 [ ( a ) A road authority, railway F172 [ ] company or other person liable to maintain a bridge carrying a public road may, by notices in the prescribed form placed in the prescribed manner on the approaches to the bridge, prohibit any vehicle or combination of vehicles which, or any part of which, transmits to the surface of that road a weight exceeding that specified in the notice in relation to such a vehicle or combination of vehicles or any part of such a vehicle or combination, from passing over that bridge either (as may be specified in the notices) at all, at a speed exceeding a specified speed or save on compliance with specified conditions. ]

...

F174 [ ( c ) The reference in this subsection to a weight transmitted to the surface of a road by a vehicle or combination of vehicles shall be construed as a reference to the weight of such vehicle or combination, together with the weight of its load (if any), when such vehicle or combination is stationary, and the reference in this subsection to a weight transmitted to the surface of a road by any part of a vehicle or combination of vehicles shall be construed accordingly. ]

...

(6) A person shall not drive a vehicle F174 [ or combination of vehicles ] over a bridge in contravention of a notice placed under subsection (1) of this section in relation to the bridge (notwithstanding that the notice may have been placed in contravention of subsection (2) of this section).

(7) ...

(8) Where a vehicle F174 [ or combination of vehicles ] is driven over a bridge in such circumstances as to constitute an offence under subsection (6) of this section, the owner of the vehicle F174 [ or combination of vehicles ] shall be liable in damages to the authority, company or other person liable to maintain the bridge for any injury caused to the bridge by the driving of the vehicle F174 [ or combination of vehicles ] over the bridge, and the damages shall be recoverable by such person from the owner of the vehicle F174 [ or combination of vehicles ] by civil action in any court of competent jurisdiction.

Editorial Notes:

E745

Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.

E746

Power conferred upon Minister to transfer to a road authority certain functions of the Commissioner under section (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 62, S.I. No. 169 of 1968.

E747

Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002 as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005; s. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(a), S.I. No. 255 of 2011.

E748

Previous affecting provision: powers conferred on the Commissioner of the Garda Síochána by section transferred to Dublin Transport Authority for Authority’s functional area (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 39(1)(b), S.I. No. 357 of 1986. Dublin Transport Authority Act 1986 repealed and powers transferred back to the Garda Commissioner (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), ss. 13 and 8, commenced as per s. 15(5).