Road Traffic Act 1961
Closing of particular roads to vehicles.
94.— (1) The Minister may, after holding a public inquiry, by order prohibit, subject to such exceptions or conditions as may be specified in the order, the driving of vehicles or any class of vehicles on any specified public road in respect of which it appears to him, in consequence of the inquiry, to be proved that the driving of vehicles or the class of vehicles on the road would endanger the traffic thereon or that the road is for any other reason unsuitable for use by vehicles or such class of vehicles.
(2) Where an order is made under subsection (1) of this section—
( a) it shall be the duty of the road authority charged with the maintenance of the road to which the order relates to erect and maintain, at such places as are specified in the order, notices in a form approved of by the Minister stating the effect of the order, and
( b) it shall be lawful for such road authority, with the consent of the Commissioner, and shall be their duty if required by the Commissioner, to erect and maintain a sign, either in advance of or at the road, to give indication to traffic of the prohibition provided for by the order, being a sign conforming with the prescribed provisions as to size, shape, colour and character.
(3) Where an order has been made under subsection (1) of this section, the Minister may at any time, after giving notice to the road authority charged with the maintenance of the road to which the order relates and considering any representations made to him by such road authority, by order revoke or amend the first-mentioned order and thereupon it shall be the duty of such road authority to remove or alter the notices erected and maintained by them under subsection (2) of this section in relation to the first-mentioned order.
(4) The making of representations pursuant to subsection (3) of this section shall—
( a) where they are made by the council of a county, the corporation of a borough other than a county borough or the council of an urban district, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and
( b) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.
(5) A person shall not drive a vehicle on a road in contravention of an order under subsection (1) of this section.
(6) Where a person contravenes subsection (5) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence.
(7) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.
Modifications (not altering text):
Application of section modified (1.01.1994) by Roads Act 1993 (14/1993), s. 23(2)(a), S.I. No. 406 of 1993.
The Authority and traffic management.
(2) The Minister shall consult with the Authority before—
(a) making an order in relation to a national road under section 94 of the Act of 1961,
The making of representations to the Minister in relation to an order made by the Minister closing particular roads to vehicles is designated a reserved function by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 1 ref. no. 19, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.
Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.
Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002 as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005. S. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(a), S.I. No. 255 of 2011.