Roads Act 1993

1 [ Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.

58

58. (1) A road authority shall publish in one or more newspapers circulating in the area where the proposed toll road is located or is to be located a notice

( a ) stating that a draft toll scheme has been prepared,

( b ) indicating the times at which, the period (being a period of not less than one month from the first publication of the notice) during which, and the place at which a copy of the scheme prepared under section 57 , any map referred to therein and the explanatory statement relating to the scheme may be inspected, and

( c ) stating that objections to the draft toll scheme may be made in writing to the road authority before such date as is specified in the notice (being not less than 2 weeks from the end of the period for inspection referred to in paragraph (b) ).

(2) ( a ) Subject to paragraph (b) , a road authority may adopt a scheme prepared by it under subsection (1) , with or without modifications and, subject to subsection (3) , a scheme so adopted is hereafter in this Act referred to as a toll scheme .

( b ) If an objection to a draft toll scheme is made to the road authority and the objection is not withdrawn, the road authority shall, before deciding whether to adopt the draft toll scheme or not, cause an oral hearing to be held into the matters to which the objection relates, by a person appointed by the road authority, and shall consider the report of and any recommendation made by the person so appointed.

(3) ( a ) A toll scheme adopted by the road authority under this section shall come into force with the modifications, if any, therein made by the road authority on such day as may be determined by the road authority.

( b ) Notice of the day on which a toll scheme is to come into force shall be published by the road authority at least one month before such day in one or more newspapers circulating in the area in which the toll road to which the scheme relates is located or will be located. ]

Annotations

Amendments:

Amendments:

Modifications (not altering text):

C40

Application of section restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 74(6), S.I. No. 458 of 2009.

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— ...

(b) adopt a toll scheme under section 58,

...

of that Act with the consent of the Authority.

Editorial Notes:

E86

The side note to the previous version of the section read “Approval by Minister of toll schemes”. As this no longer reflects the content of the section, the side note to the amending section is substituted.