Road Traffic Act, 1961
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Traffic signs. |
95.—(1) In this section— | |
“road regulation” means an order, regulation, bye-law or rule under an enactment (other than section 86 , 93 , 94 or 96 of this Act) relating to traffic on a road; | ||
“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 public 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 public 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 public road, or implements such a regulation, or both; | ||
“provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate and cognate words shall be construed accordingly. | ||
(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) A road authority shall provide on any public road in their charge such traffic signs as may be requested by the Commissioner in the positions indicated by him and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he may request. | ||
(4) A request by the Commissioner under subsection (3) of this section may be for the provision either of traffic signs for all times or occasions or of traffic signs for a limited period or a particular occasion or particular occasions. | ||
(5) A road authority may, with the consent of the Commissioner, provide for any public road in their charge such traffic signs as they consider desirable. | ||
(6) Where the provision by a road authority of a traffic sign on land adjacent to but not forming part of a public road is reasonably necessary, the road authority may, after at least twenty-one days' notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by such road authority by reasonable enquiries, enter and provide the traffic sign on the land. | ||
(7) Where a traffic sign is provided under subsection (6) of this section on any land by a road authority, any person interested in the land may at any time, on giving notice of his intention so to do to the road authority, apply to the Minister to direct the removal of the traffic sign. | ||
(8) Where an application is made under subsection (7) of this section, in relation to a traffic sign provided on any land, the Minister, after consideration of the application, shall either— | ||
(a) refuse the application, | ||
(b) if he is satisfied that the provision of the traffic sign is not reasonably necessary, direct the removal of the traffic sign from the land, or | ||
(c) if he is satisfied that the provision of the traffic sign in its existing position causes unnecessary or unreasonable hardship, direct the removal of the traffic sign to another position on the land. | ||
(9) Where the Minister gives a direction under subsection (8) of this section in relation to a traffic sign, the road authority who provided the traffic sign shall comply with the direction. | ||
(10) A person other than a road authority shall not provide a traffic sign visible from a public road without the consent of the Commissioner. | ||
(11) The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) of this section shall be guilty of an offence and, in any prosecution for an offence under this subsection and notwithstanding any other provision of this Act, the traffic sign shall be presumed, until the contrary is shown by the defendant, to have been provided by a person other than a road authority without the consent of the Commissioner. | ||
(12) Where a person wilfully obstructs or interferes with the exercise by a road authority of the powers conferred by subsection (6) of this section, or without lawful authority, removes, defaces or otherwise injures a traffic sign provided under this section, he shall be guilty of an offence. | ||
(13) Expenses incurred by a road authority in providing traffic signs for a public road shall be part of the expenses of maintaining the road. | ||
(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 public 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 public 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. | ||
(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, it shall be in conformity with any general or particular directions that may be given from time to time by the Minister. | ||
(17) A traffic sign standing provided under any subsection of section 69 of the Local Government Act, 1946 , at the commencement of this section shall be deemed to be provided under the corresponding subsection of this section. | ||
(18) A traffic sign on or near a public road shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so placed lawfully and to be in accordance with any regulation, or in conformity with any direction, under this section relating to it. | ||
(19) A request by or consent of the Commissioner under this section may be signed by an officer of the Garda Síochána authorised in that behalf by the Commissioner. | ||
(20) Where a person is charged with an offence under subsection (11) or subsection (15) of this section, it shall be a good defence to the charge for him to show— | ||
(a) that the traffic sign, sign, device, notice or light to which the charge relates was provided neither by him nor with his consent, and | ||
(b) that as soon as was practicable after its provision came to his notice, he had it removed. |