PART III.

Roads.

31. —The powers conferred by subsection (1) of section 10 of the Local Government (Ireland) Act, 1898, may be exercised with respect to the land referred to in subsection (1) of section 12 of that Act.

32. —Section 17 of the Development and Road Improvement Funds Act, 1909, is hereby amended by the insertion of “or borough or urban district” after “county borough” in both places where the latter words occur in the section.

33. —(1) This section applies to the expressions “highway”, “public highway”, “highway repairable by the inhabitants at large” and similar expressions.

(2) To remove doubts, it is hereby declared that where an expression to which this section applies is used in a statute relating to public roads, or in an instrument made under any such statute, the expression refers, and always referred, to a road as defined in section 1 of the Act of 1925.

34. —To remove doubts, it is hereby declared that the power of the Minister under section 1 of the Act of 1925 to declare a road to be a main road is, and always was, exercisable in relation to a proposed new road.

35. —(1) The local authority charged with the maintenance of a road may, after giving such notice as may be prescribed, close the road or any part thereof to public traffic for such period and subject to such conditions as they think fit.

(2) Where, pursuant to a decision of a local authority under subsection (1) of this section, a road or part of a road is to be closed, the local authority may by order permit the holding of a road race or similar event on it during the period for which it is to be closed.

(3) If any person without due authority uses or permits the use of a vehicle on a road closed to it under this section, or wilfully obstructs or interferes with the conduct of any event permitted under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) The Minister may by order annul or vary any decision or order made by a local authority under this section, and the local authority shall give such public notice of the order made by the Minister as may be prescribed.

36. —(1) The following definition is hereby substituted in subsection (1) of section 69 of the Act of 1946 for the definition of the expression “traffic sign”:—

“the expression ‘traffic sign’ means any sign, device, notice or roadway marking, or any instrument for giving signals by mechanical means, which does one or more of the following:—

(a) gives information in regard to a road, including the places to which it leads, and the distances to or from such places,

(b) warns persons of danger in relation to a road, or advises the precautions to be taken against such danger, or both,

(c) indicates the existence of a road regulation in relation to a road, or implements such a regulation, or both;”

(2) The following subsection is hereby substituted for subsection (2) of section 69 of the Act of 1946:—

“(2) (a) The Minister, if he so thinks fit, may make regulations with respect to specified traffic signs, and where a traffic sign of the same kind as a traffic sign specified in any such regulations is provided by a road authority, it shall be in accordance with the regulations unless otherwise authorised by the Minister.

(b) Regulations under this subsection may specify the significance to be attached to a traffic sign specified in the regulations, but this provision shall not be construed as requiring the regulations to provide that the traffic sign is to comprise any word, words or symbol indicating precisely the significance of the traffic sign.”

(3) The following subsections shall be added to section 69 of the Act of 1946:—

“(14) A person shall not provide any such sign, device, notice or light as is not a traffic sign if, on provision thereof, it is visible from a road and—

(a) it is capable of being confused with a traffic sign,

(b) it makes a traffic sign provided in accordance with this section less visible to road users, or

(c) it obstructs the view of road users so as to render the road dangerous to them.

(15) The occupier or (in the case of unoccupied land) the owner of land on which a sign, device, notice or light is provided in contravention of subsection (14) of this section shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with an additional fine of one pound for each day on which the offence is continued.

(16) Where a traffic sign, not being a traffic sign to which regulations under subsection (2) of this section relate, is provided under this section by a road authority, such traffic sign shall be in conformity with any general or particular directions that may be given from time to time by the Minister.”

37. —(1) The council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town may, with the consent of the Commissioner of the Garda Síochána, make arrangements for the patrolling, by persons (in this section referred to as traffic wardens) employed or nominated by them, of places where school-children cross the road.

(2) A traffic warden may exhibit such sign as may be prescribed requiring traffic to stop and remain stopped so as to enable school-children to cross the road in safety, and traffic shall stop and remain stopped accordingly so long as the sign is exhibited.

(3) A person who fails to stop a vehicle or animal or keep it stopped in accordance with subsection (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) On and after such day as may be appointed by the Minister by order, the power conferred on a traffiic warden by subsection (2) of this section shall be exercisable only if the warden is wearing such uniform as may be prescribed.

(5) Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.

(6) In this section—

“vehicle” has the meaning assigned to it in section 3 of the Road Traffic Act, 1933 (No. 11 of 1933),

“traffic” has the meaning assigned to it in subsection (6) of section 147 of that Act,

“uniform” includes any garment, armlet or cap.

38. —(1) The Minister may by order provide—

(a) for the grant and authentication of any travelling passes, certificates, authorities or other documents relating to a mechanically propelled vehicle or the driver of such a vehicle which may be required for the purpose of travel abroad by persons resident in the State, and

(b) for modifying in relation to mechanically propelled vehicles brought into the State by persons resident outside the State, and in relation to persons so resident who are making a temporary stay in the State, the provisions of any enactment relating to the registration of mechanically propelled vehicles, the requirements to be complied with in respect of such vehicles, and the licensing of drivers.

(2) Any such modification shall have effect as if it were contained in the Act modified.

(3) Any order under this section may be varied or revoked by any subsequent order under this section.

(4) In this section “mechanically propelled vehicle” has the same meaning as in the Road Traffic Act, 1933 (No. 11 of 1933) and references thereto include reference to a vehicle drawn by such a vehicle.

39. —Section 1 of the Ferries (Acquisition by Local Authorities) Act, 1919, is hereby amended by the addition of the following subsection:—

“(9) In lieu of effecting under this section the acquisition of a ferry, a local authority may, subject to such conditions as they think proper to impose, contribute to the cost of working, maintaining or improving the ferry.”

40. —(1) Section 52 of the Act of 1946 is hereby amended by the addition of the following subsections:—

“(4) Except where the bridge order relates to the River Shannon the work may be executed notwithstanding that it constitutes or will constitute an interference with any right (including, in particular, a right of navigation, whether or not conferred by statute).

(5) Where the execution of the work has the effect of curtailing or terminating a private right of any person (including, in particular, a right of navigation, whether or not conferred by statute), such person may, within twelve months after completion of the work, make to the executing authority a claim for compensation in respect of such curtailment or termination and he shall be entitled to be paid compensation therefor by the executing authority and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the executing authority in any court of competent jurisdiction.

(6) In default of agreement, the amount of any compensation payable by a road authority under this section shall be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired and the arbitrator shall have jurisdiction to determine whether compensation is, in the circumstances, payable at all.”

(2) Section 53 of the Act of 1946 is hereby amended by the substitution in subsection (3) of “amend the provisions of the bridge order requiring a contribution under” for “vary a contribution required under subsection (1) of”.

(3) Section 55 of the Act of 1946 is hereby amended by the substitution of the following subsections for subsection (2):—

“(1A) (i) Subsection (1) of this section shall not apply in a case with respect to which the Minister, by order made before the completion of the work, excludes the application of that subsection.

(ii) The Minister may, by order made before the completion of the work and having effect as from such completion, transfer to any road authority to which the bridge order applies any powers and duties in relation to the bridge which are powers and duties of any other road authority to which the bridge order applies, and in a case in which such an order is made, the order shall have effect in lieu of subsection (1) of the section.

(2) The Minister may by order transfer, with effect as from the completion of the work, to any road authority to which the bridge order applies any powers and duties (exclusive of powers and duties under this Part of this Act) in relation to any portion of road adjoining the bridge which are powers and duties of any other road authority to which the bridge order applies.”

(4) Section 56 of the Act of 1946 is hereby amended by the substitution of the following paragraphs for paragraph (d) of subsection (2):—

“(d) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by a harbour authority;

(e) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to a harbour authority any powers or duties of a road authority.”

(5) Section 57 of the Act of 1946 is hereby amended by the substitution of the following subsection for subsection (2):—

“(2) where by virtue of this section the bridge order applies to a company controlling a railway or canal, the Minister shall not by virtue of this section do either of the following things save with the consent of the Minister for Industry and Commerce, that is to say:

(a) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by the company;

(b) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to the company any powers or duties of a road authority.”

41. —(1) A road authority may, subject to the approval of the Minister, prepare and adopt schemes for the construction, improvement, alteration, maintenance or abandonment of bridges linking places within their functional area with places in Northern Ireland.

(2) A scheme adopted under this section shall contain such particulars with regard to such matters and shall be in such form as the Minister may approve, and in particular, but without prejudice to the generality of the foregoing provisions of this section, may specify the manner in which and the bodies by whom, and in what proportion, the expenses are to be defrayed of carrying the scheme into effect and of the maintenance of anything constructed thereunder.

(3) Any powers for the time being exercisable by a road authority in relation to roads may be exercised for the purpose of carrying into effect a scheme adopted under this section.

(4) Adoption under this section of a scheme shall be a reserved function.