Road Traffic Act 2004

Speed limits at road works.

10

F8[10.(1) The chief executive of a county council or a city council may, where he or she considers it is in the interests of road safety on a road, other than a national managed road, or part of such a road, in the administrative area of the county council or city council for which he or she is the chief executive, where road works are being carried out, by order apply to that road or part of it a special limit being a speed limit of not less than 20 kilometres per hour, as the speed limit on the road for mechanically propelled vehicles, in lieu of the speed limit provided or having effect under this Act in respect of the road or motorway or part of it.

(2) An order under subsection (1) is in force for the duration of the road works, subject to no such order having effect for a period of more than 12 months from the date of its making.

(3) The chief executive of a county council or a city council shall not make an order under subsection (1) in respect of a national road without the prior written consent of the National Roads Authority.

(4) Before making an order under subsection (1), the chief executive concerned shall notify the Commissioner in writing of his or her intention to make the order.

(5) The chief executive shall consider any representations made by the Commissioner in writing and in such manner as the Minister may prescribe received by the chief executive within 1 month, or such other period as the Minister may prescribe in relation to the type of road and type of road works concerned, of the notification under subsection (4).

(6) When a chief executive of a county council or a city council makes an order under subsection (1) he or she shall publish a notice—

(a) in one or more newspapers circulating in the county council or city council to which the order relates, or

(b) in such other manner as the Minister may prescribe in relation to the type of road and type of road works concerned,

indicating the location where the order will have effect, the period for which it will have effect and the speed limit being applied through the order.

(7) The chief executive shall have regard to any representations that are made to him or her in relation to the order under subsection (1) prior to making such an order.

(8) A chief executive of a county council or a city council may at any time within the period specified in subsection (2) revoke or amend an order made by him or her under subsection (1).

(9) A document which purports to be a copy of an order made under subsection (1) which has endorsed on it a certificate purporting to be signed by the chief executive of a county council or, as the case may be, a city council, making the order or an officer of the county council or a city council concerned designated by the chief executive stating that the document is a true copy of the order and that the order was in force on a specified day, shall, without proof of the signature of the chief executive or officer or that he or she was in fact such chief executive or officer, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the order and of the fact that it was in force on that date.]

Annotations

Amendments:

F8

Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 55, S.I. No. 392 of 2023, art. 2(h).

Modifications (not altering text):

C16

References to “county council” and “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.— ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

...

Editorial Notes:

E16

Section amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. 214 of 2014; section substituted (31.07.2023) as per F-note above.