Road Traffic Act 1994

Traffic calming measures.

38

38. (1) A road authority may, in the interest of the safety and convenience of road users, provide such traffic calming measures as they consider desirable in respect of public roads in their charge.

(2) A road authority may remove any traffic calming measures provided by them under this section.

(3) Before providing or removing traffic calming measures under this section of such class or classes as may be prescribed, a road authority shall—

( a) consult with the Commissioner;

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

(i) indicating that it is proposed to provide or remove the measures, and

(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);

( c) consider any observations made by the Commissioner or any representations made pursuant to paragraph ( b) ( ii).

(4) The making of a decision to provide or remove traffic calming measures of a class prescribed under subsection (3) and the consideration of observations or representations under paragraph ( c) of that subsection shall be reserved functions.

(5) Traffic calming measures shall not be provided or removed in respect of a national road without the prior consent of the National Roads Authority.

(6) The Minister may issue general guidelines to road authorities relating to traffic calming measures under this section and may amend or cancel any such guidelines and, where any such guidelines are, for the time being, in force, road authorities shall have regard to such guidelines when performing functions under this section.

(7) A traffic calming measure provided under this section shall be deemed to be a structure forming part of the public road concerned and necessary for the safety of road users.

(8) ( a) A person who, without lawful authority, removes or damages or attempts to remove or damage a traffic calming measure provided under this section shall be guilty of an offence.

( b) An offence under this subsection may be prosecuted by the road authority in whose functional area the acts constituting the offence were done.

F41 [ (9) In this section

bus means a mechanically propelled vehicle designed for travel by road having seating accommodation for more than 9 persons (including the driver);

provide includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate;

public bus service means the use of a bus or buses travelling wholly or mainly on public roads for the carriage of passengers in such a manner that

( a ) the service is provided on a regular and scheduled basis,

( b ) each journey is open to use by members of the public,

( c ) carriage is provided for passengers between specified terminal points or along a specified route or otherwise in accordance with a published timetable, and

( d ) a charge or charges are paid in respect of each passenger;

traffic calming measures means measures which

( a ) enhance the provision of public bus services, including measures which restrict or control access to all or part of a public road by mechanically propelled vehicles (whether generally or of a particular class) for the purpose of enhancing public bus services, or

( b ) restrict or control the speed or movement of, or which prevent, restrict or control access to a public road or roads by, mechanically propelled vehicles (whether generally or of a particular class) and measures which facilitate the safe use of public roads by different classes of traffic (including pedestrians and cyclists),

and includes for the purposes of the above the provision of traffic signs, road markings, bollards, posts, poles, chicanes, rumble areas, raised, lowered or modified road surfaces, ramps, speed cushions, speed tables or other similar works or devices, islands or central reservations, roundabouts, modified junctions, works to reduce or modify the width of the roadway and landscaping, planting or other similar works. ]

Annotations:

Amendments:

F41

Substituted (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(1), S.I. No. 615 of 2010.

Modifications (not altering text):

C37

Function to be performed by municipal district members prescribed by Local Government Act 2001 (37/2001), s. 131A(1)(a), (4) and sch. 14A pt. 1 ref. no. 28, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

[Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function with is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal dsitrict members concerned, and

...

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

... ]

[SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

28

The making of a decision to provide or remove prescribed traffic calming measures and the consideration of observations or representations in relation to a proposal to provide or remove such measures.

Section 38 of the Road Traffic Act 1994.

...

...

... ]

Editorial Notes:

E93

Powers of road authority extended to Dublin Transport Authority (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(3) and (4), S.I. No. 615 of 2010.