Road Traffic Act 1994

Amendment of section 95 of Principal Act.

37

37.Section 95, as amended by the Act of 1968, of the Principal Act is hereby amended—

( a) in subsection (1)—

(i) by the substitution in the definition of “ road regulation” of “ roads” for “a road”; and

(ii) by the substitution of the following for the definition of “ traffic sign”—

“‘ traffic sign’ means any sign, device, notice or road marking, or any instrument for giving signals by mechanical means, which does one or more of the following in relation to a public road or public roads:

( a) gives information (such a sign being referred to in this section as ‘ an information sign’),

( b) warns persons of danger or advises persons of the precautions to be taken against such danger, or both (such a sign being referred to in this section as ‘ a warning sign’),

( c) indicates the existence of a road regulation or implements such a regulation, or both, or indicates the existence of a provision in an enactment relating to road traffic (such a sign being referred to in this section as ‘ a regulatory sign’);”,

( b) by the substitution for subsections (3) to (5) of the following subsections:

(3) (a) A road authority may provide for public roads in their charge such information signs and warning signs as they consider desirable.

(b) Subject to subsection (4) of this section, a road authority may, after consultation with the Commissioner, provide for public roads in their charge such regulatory signs as they consider desirable.

(4) (a) Before providing a regulatory sign (such a sign being referred to in this section as ‘ a special category sign ’) of the same kind as a regulatory sign specified in regulations under subsection (2) of this section, a road authority shall—

(i) publish a notice in one or more newspapers circulating in the functional area of the authority—

(I) indicating that it is proposed to provide the sign,

(II) stating that representations in relation to the proposal may be made in writing to the road authority before a specified date (which shall be not less than one month after the publication of the notice); and

(ii) consider any representations made pursuant to subparagraph (i) (II) of this paragraph.

(b) A decision by a road authority to provide a special category sign shall be a reserved function.

(5) (a) A road authority shall provide for public roads in their charge such regulatory signs (other than special category signs) as may be requested by the Commissioner, in the positions indicated by him and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he may request.

(b) A road authority shall, at the request of the Commissioner, remove any regulatory sign which the Commissioner considers has been provided in a manner or at a location that might adversely affect the safety of road users.”,

(c) in subsections (10) and (11), by the substitution of “ road authority having charge of the road” for “Commissioner”, and

(d) in subsection (19), by the deletion of “ or consent of”.