72.—(1) A road authority may, after consultation with the Commissioner, make bye-laws to regulate and control skips on public roads.

(2) Without prejudice to the generality of subsection (1), bye-laws under this section may—

(a) specify the area or areas to which the bye-laws relate;

(b) specify requirements in relation to—

(i) the siting and removal of skips,

(ii) the dimensions and other characteristics of skips,

(iii) the lighting and marking of skips for the purpose of making them readily visible to road users,

(iv) the care and disposal of the contents of skips,

(v) the period of deposit of skips on public roads,

(vi) the earliest practicable removal of skips once full,

(vii) the clear and indelible marking of skips with the name, address and telephone number of the owner or provider,

(viii) the giving of security or the provision of an indemnity;

(c) provide for the issue by the road authority of licences in respect of the deposit of skips on public roads and for the payment of specified fees in respect of such licences;

(d) provide for the attachment of conditions to licences, including conditions relating to any or all of the matters referred to in paragraph (b).

(3) Before making bye-laws under subsection (1), a road authority shall—

(a) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—

(i) indicating that it is proposed to make bye-laws,

(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the draft bye-laws may be inspected,

(iii) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the road authority for that purpose,

(iv) stating that a copy of the draft bye-laws may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy;

(b) consider any objections or representations made to it under paragraph (a) and not withdrawn;

(c) if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the road authority and consider the report and any recommendation of the person so appointed.

(4) The making of bye-laws under subsection (1) and the consideration of objections or representations under subsection (3) shall be reserved functions.

(5) The bye-laws shall, as soon as may be after they have been made, be published in Iris Oifigiúil and notice of their making and of the place where copies of them may be purchased or inspected shall be published in one or more newspapers circulating in the area to which the bye-laws relate.

(6) Any person who contravenes a bye-law under this section which is deemed to be a penal bye-law shall be guilty of an offence.

(7) An authorised person may—

(a) remove or reposition a skip which contravenes bye-laws made under subsection (1),

(b) notwithstanding the provisions of such bye-laws or of a licence issued under them, remove or reposition a skip which he considers presents an immediate and serious hazard to persons using a public road.

(8) An authorised person may store, or procure the storage of, a skip removed by him under subsection (7).

(9) Where the name and address of the owner of a skip removed and stored under this section can be ascertained by reasonable inquiry, the road authority concerned or the Commissioner shall serve a notice upon the owner informing him of the removal and storage and of the address of the place where the skip may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.

(10) A skip removed and stored under this section shall be given to a person claiming the skip if, but only if, he makes a declaration in writing that he is the owner of the skip or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing the skip.

(11) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a skip removed and stored under this section if—

(a) the owner of the skip fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (9) was served on him, or

(b) the name and address of the owner of the skip cannot be ascertained by reasonable inquiry.

(12) A skip shall not be disposed of under this section within six weeks of the date of its removal under this section.

(13) In this section—

“authorised person” means—

(a) a person authorised in writing by a road authority for the purposes of this section;

(b) a member of the Garda Síochána;

“skip” means a container used for the storage or removal of builder's materials, rubble, waste, rubbish or other materials and which is designed to be transported by means of a mechanically propelled vehicle (as defined in the Act of 1961).