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Traffic calming measures.
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38.—(1) A road authority may, in the interest of the safety and convenience of road users, provide such traffic calming measures as they consider desirable in respect of public roads in their charge.
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(2) A road authority may remove any traffic calming measures provided by them under this section.
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(3) Before providing or removing traffic calming measures under this section of such class or classes as may be prescribed, a road authority shall—
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(a) consult with the Commissioner;
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(b) publish a notice in one or more newspapers circulating in the functional area of the authority—
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(i) indicating that it is proposed to provide or remove the measures, and
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(ii) stating that representations in relation to the proposal may be made in writing to the road authority before a specified date (which shall be not less than one month after the publication of the notice);
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(c) consider any observations made by the Commissioner or any representations made pursuant to paragraph (b) (ii).
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(4) The making of a decision to provide or remove traffic calming measures of a class prescribed under subsection (3) and the consideration of observations or representations under paragraph (c) of that subsection shall be reserved functions.
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(5) Traffic calming measures shall not be provided or removed in respect of a national road without the prior consent of the National Roads Authority.
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(6) The Minister may issue general guidelines to road authorities relating to traffic calming measures under this section and may amend or cancel any such guidelines and, where any such guidelines are, for the time being, in force, road authorities shall have regard to such guidelines when performing functions under this section.
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(7) A traffic calming measure provided under this section shall be deemed to be a structure forming part of the public road concerned and necessary for the safety of road users.
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(8) (a) A person who, without lawful authority, removes or damages or attempts to remove or damage a traffic calming measure provided under this section shall be guilty of an offence.
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(b) An offence under this subsection may be prosecuted by the road authority in whose functional area the acts constituting the offence were done.
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(9) In this section—
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“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; and
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“traffic calming measures” means measures which restrict or control the speed or movement of, or which prevent, restrict or control access to a public road or roads by, mechanically propelled vehicles (whether generally or of a particular class) and measures which facilitate the safe use of public roads by different classes of traffic (including pedestrians and cyclists) and includes the provision of traffic signs, road markings, bollards, posts, poles, chicanes, rumble areas, raised, lowered or modified road surfaces, ramps, speed cushions, speed tables or other similar works or devices, islands or central reservations, roundabouts, modified junctions, works to reduce or modify the width of the roadway and landscaping, planting or other similar works.
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