Roads Act 2007

10.

Service areas.

10.— (1) The following section is substituted for section 54 of the Principal Act:

“Service areas (motorway schemes).

54.— (1) A motorway scheme may include provision for a service area.

(2) Where a motorway scheme approved under section 49 includes provision for a service area or a service area provided under a motorway scheme is located on a motorway—

( a) the Authority — in the case of a national road, or

( b) the road authority in whose functional area the service area is to be provided or is located—

(i) in the case of a national road, with the consent of the Authority, or

(ii) in the case of a regional or local road,

may—

(I) provide or operate in the service area facilities or services for persons and vehicles using the motorway to which the scheme relates,

(II) make an agreement with any person whereby that person, either by himself or herself or jointly with the Authority or the road authority, as the case may be, provides or operates in the service area such facilities or services.

(3) Subject to section 54A, a service area on a motorway shall not be provided or operated save in accordance with this section.

(4) The Minister may make regulations providing for the application of moneys accruing to a road authority or the Authority in respect of the exercise of its functions under this section or section 54A.

(5) ( a) Only classes of vehicles prescribed under section 43(3) shall have access from a service area to a motorway.

( b) The driver of a vehicle which is not a vehicle of a class prescribed under section 43(3) who accesses with the vehicle from a service area to a motorway is guilty of an offence.”.

(2) The following sections are inserted after section 54 of the Principal Act:

“Service areas (public roads).

54A.— (1) In a service area—

( a) the Authority — in the case of a national road, or

( b) the road authority in whose functional area the service area is to be provided for or is located—

(i) in the case of a national road, with the consent of the Authority, or

(ii) in the case of a regional road or local road,

may—

(I) provide or operate facilities or services for persons and vehicles using the road to which the service area scheme relates, or

(II) make an agreement with another person whereby that person, either by himself or herself or jointly with the Authority or the road authority, as the case may be, provides or operates such facilities or services.

(2) Subject to section 54, a service area on a road referred to in subsection (1) shall not be provided or operated other than in accordance with that subsection.

(3) In this section ‘service area’ means a service area proposed or provided under a service area scheme in respect of a national, regional or local road.

Offence (service areas).

54B.— A person who, without lawful authority or the consent of the Authority or the road authority concerned, as the case may be—

( a) defaces (by writing or other means), damages or excavates a service area provided under a motorway scheme or service area scheme,

( b) places or deposits any material or thing on a service area which is a hazard or potential hazard to persons using the service area, or

( c) obstructs or interferes with access from the public road to the service area,

is guilty of an offence.”.