Roads Act 1993

Toll schemes.

57

57.F86[(1) A road authority may prepare a scheme for the establishment of a system of tolls in respect of the use of a public road.]

(2) F86[In preparing a scheme under subsection (1)], a road authority shall give special consideration to the question of exempting from tolls under the scheme pedestrians, pedal cycles, invalid carriages, vehicles specially adapted for use by physically handicapped persons and vehicles providing public passenger transport services.

(3) A F86[scheme prepared under subsection (1)] shall—

(a) specify the public road or proposed public road in respect of the use of which it is proposed to establish a system of tolls,

(b) indicate the classes of vehicles and road users for whose use the toll road is intended,

(c) indicate the classes of vehicles which and road users who will be charged tolls in respect of such use,

(d) include an estimate of the amounts of the tolls that it is proposed to charge in respect of the use of the toll road by such vehicles and road users,

F87[(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) A F86[scheme under subsection (1)] shall be accompanied by an explanatory statement outlining the provisions of the scheme and its purpose and effect and shall include (as appropriate)—

(a) information in relation to the general arrangements for the construction, maintenance and operation of the toll road to which the scheme relates and for the payment of the cost of such construction, maintenance and operation,

(b) estimates of the capital cost of the road (where appropriate) and of the capital and operating costs of tolling the road, and

(c) estimates of the volume and kind of traffic that will use the road and the amounts of the tolls in respect of such traffic.

F86[(5) A road authority may prepare a scheme amending a toll scheme adopted by it under section 58.]

(6) The making of a F86[scheme prepared under subsection (1)] in relation to a regional road or a local road shall be a reserved function.

F88[(7) (a) The Authority shall, before adopting, under section 58, a scheme prepared under subsection (1) in relation to a national road, send a copy of the scheme to the appropriate road authority under section 13 and serve a notice on the road authority stating

(i) that a scheme under subsection (1) has been prepared, and

(ii) that representations may be made in writing to the Authority in relation to the scheme before such date as is specified in the notice (being not less than 6 weeks from the date of service of the notice).

(b) The Authority shall consider any representations made to it pursuant to a notice under paragraph (a).

(c) The making of representations by a road authority under this subsection shall be a reserved function and shall be without prejudice to the right of that authority to make objections to the Authority under section 58.]

Annotations

Amendments:

F86

Substituted (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 271(a) to (f), S.I. No. 449 of 2000.

F87

Substituted(11.07.2007) by Roads Act 2007 (34/2007), s. 3, commenced on enactment.

F88

Substituted (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 271(e), S.I. No. 449 of 2000.

F89

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 40, not commenced as of date of revision.

Modifications (not altering text):

C46

Prospective affecting provision: subs. (2) amended by Road Traffic and Roads Act 2023 (16/2023), s. 40, not commenced as of date of revision.

(2) F86[In preparing a scheme under subsection (1)], a road authority shall give special consideration to the question of exempting from tolls under the scheme pedestrians, F89[powered personal transporters,] pedal cycles, invalid carriages, vehicles specially adapted for use by physically handicapped persons and vehicles providing public passenger transport services.

C47

Application of section restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 74(6), S.I. No. 458 of 2008.

Relationship between Authority and NRA.

74.—...

(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only—

(a) make a toll scheme under section 57,

...

of that Act with the consent of the Authority.

...