Roads Act 1993

Toll bye-laws.

61

61. (1) A road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road.

(2) The Authority shall consult with the appropriate road authority under section 13 before making bye-laws in relation to a national road.

(3) Without prejudice to the generality of subsection (1), bye-laws under this section may—

( a) specify the amounts of the tolls that shall be charged, or the scales and other provisions by reference to which they shall be charged, in respect of the use of a toll road by vehicles and road users of each class specified in the bye-laws and may specify different such amounts by reference to such circumstances or combinations of circumstances (whether relating to classes of vehicles or road users, seasons of the year, days of the week, times of the day or otherwise) as the road authority may consider appropriate,

( b) provide for the issue, inspection and collection of tickets, tokens, vouchers, permits, receipts and other forms of authorisation or payment for the use of a toll road,

( c) F78 [ subject to section 64(3) , specify ] the persons who shall be liable to pay a toll,

( d) provide that a person liable under the bye-laws to pay a toll shall not use, or cause or permit, any vehicle of which he is in charge to use the toll road concerned unless the toll has been paid or arrangements, to the satisfaction of the road authority concerned or of a person authorised by it to operate and manage the toll road, for its payment have been made, and

( e) specify the powers of the road authority and of any person authorised by it to operate and manage the toll road concerned in relation to users of a toll road and vehicles and the persons in charge of them.

(4) The making of toll bye-laws in relation to a regional road or a local road shall be a reserved function.

(5) F79 [ ]

F80 [ (6) Before making bye-laws, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice

( a ) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

( b ) indicating the times at which, the period (being a period of not less than one month from the date of the first publication of the notice) during which, and the place at which, a copy of the draft bye-laws may be inspected,

( c ) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the draft bye-laws), and

( d ) stating that a copy of the draft bye-laws may be purchased on payment of such fee as is specified in the notice not exceeding the reasonable cost incurred in the making of such copy. ]

F80 [ (7) Before making bye-laws the road authority shall consider any objections or representations which have been made to it in accordance with a notice under subsection (6) and not withdrawn. ]

F80 [ (8) Bye-laws made by a road authority under this section shall come into effect on such date as is specified in those bye-laws. ]

(9) The bye-laws shall, as soon as may be after they have been F80 [ made ], be published in Iris Oifigiúil and notice of their making, of the toll road to which they apply and of the place where copies of them may be purchased or inspected shall be published in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located.

F81 [ (10) A person who contravenes a bye-law made under this section commits an offence. ]

Annotations:

Amendments:

F78

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.

F79

Deleted (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 274(a), S.I. No. 449 of 2000.

F80

Substituted (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 274(b) to (e), S.I. No. 449 of 2000.

F81

Inserted (23.12.2001) by Public Transport Regulation Act 2009 (37/2009), s. 42(1) and sch. 1, pt. 2 item 2, commenced on enactment.

Modifications (not altering text):

C41

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— ...

(d) make bye-laws in relation to the operation and management of a toll road under section 61 ...

...

of that Act with the consent of the Authority.

C42

Application of section restricted (15.12.2006) by Road Traffic Act 1994 (Control of Traffic - Exemption Permits) Regulations 2006 (S.I. No. 639 of 2006), reg. 2.

2. (1) A local authority may issue a permit to a person in respect of the driving of a mechanically propelled vehicle, which is prohibited or restricted— ...

(b) under bye-laws made under section 61 of the Roads Act 1993 (No. 14 of 1993),

from using a public road or road in a road tunnel in its functional area, exempting the permit holder, during the times (if any) specified in the permit, from the application of the prohibitions or restrictions, as specified in the permit, to such driving.

...

(3) A nil charge is prescribed for a permit issued in respect of paragraph (1)(b) and until 1 May 2007 a permit issued under paragraph (1)(a).