43.—F38[(1) In this Act "motorway" means

(a) a public road or proposed public road specified to be a motorway in a motorway scheme approved under section 49, or

(b) a national road or a proposed road development for the construction of a national road declared to be a motorway under section 8 of the Roads Act 2007.]

(2) A person shall not have or be entitled to direct access from any land adjoining a motorway to the motorway, or from the motorway to such land, nor shall a right to such direct access be granted at any time.

F39[(2A) Notwithstanding subsection (2) and section 46(4), direct access from any adjoining land to a motorway or from the motorway to such land may be granted by a road authority to the Railway Procurement Agency, an applicant or a railway undertaking (within the meaning of the Transport (Railway Infrastructure) Act, 2001) in respect of a railway (within the meaning of that Act)—

(a) authorised by a railway order under section 43 of the Transport (Railway Infrastructure) Act, 2001, or

(b) the subject of an application for a railway order under section 37 of that Act,

subject to such conditions as the road authority may decide, and, accordingly, any such access shall not be a contravention of subsection (2) or section 46(4).]

(3) The Minister may prescribe—

(a) the classes of vehicles which shall be permitted to use a motorway and different classes of vehicles may be prescribed in relation to motorways generally, particular motorways or particular parts of particular motorways, and

(b) conditions in relation to the use of motorways generally, particular motorways or particular parts of particular motorways by vehicles or specified classes of vehicles (including conditions specifying the periods of use of motorways by specified classes of vehicles) and different conditions may be prescribed in relation to different motorways or different classes of vehicles.

(4) (a) Pedestrians and pedal cyclists shall not use a motorway.

(b) Persons in charge of, or having control over, animals shall not permit them to be on a motorway.

(5) (a) A person who uses a motorway in contravention of regulations under subsection (3) shall be guilty of an offence.

(b) A person who contravenes subsection (4) shall be guilty of an offence.

(6) A reference in any enactment or instrument to a motorway shall be deemed to be a reference to a motorway as defined in this Act.