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15 1986

DUBLIN TRANSPORT AUTHORITY ACT, 1986

PART V

Traffic Management

Control of traffic and pedestrians.

32. —(1) The powers conferred on the Commissioner of the Garda Síochána by section 89 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area.

(2) Notwithstanding subsection (1), bye-laws or temporary rules made under section 89 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by the Authority.

(3) (a) In this subsection—

bollard” means a pole, post or other similar device inserted into or affixed in a vertical or near vertical manner to the surface of a roadway or footway;

footway” and “roadway” have the same meanings, respectively, as in the Act of 1961;

the Minister” means the Minister for the Environment;

road ramp” means an artificial hump in or on the surface of a roadway which is designed to control the speed of vehicles.

(b) The Authority may, with the approval of the Minister, direct a road authority part or all of whose functional area is within the Authority's functional area in the interest of the safety of road users to provide for a specified period or without any limitation as to time.

(i) bollards on a roadway or footway for the purpose of restricting either wholly or partly the use of a public road by mechanically propelled vehicles;

(ii) road ramps on a roadway for the purpose of restricting the speed of mechanically propelled vehicles.

(c) The Authority may at any time, with the approval of the Minister, direct the road authority concerned to remove bollards or road ramps provided in accordance with a direction under paragraph (b).

(d) The Authority shall send a copy of a direction to the road authority concerned and shall publish notice of the making of a direction in a manner specified in regulations by the Minister and, if there is an objection to the direction and the objection is not withdrawn, the Minister shall cause an oral hearing to be held and shall afford the person making the objection an opportunity of being heard.

(e) The Minister may, if he thinks fit, approve a direction with or without modifications or refuse to approve it, and where he approves the direction with or without modifications, the direction shall be construed and have effect in accordance with the approval.

(f) (i) Where a direction has been approved by the Minister, the road authority shall comply forthwith with such direction and in so doing shall comply with any requirement specified by the Minister.

(ii) Where a direction under paragraph (b) is for a specified period, the road authority concerned shall, at the expiry of such period, remove all bollards or road ramps provided in accordance with that direction.

(g) (i) The Minister may make regulations for the purpose of giving effect to this section.

(ii) Regulations under this subsection may in particular make provision for all or any of the following matters—

(I) specifying the manner in which the Authority shall publish notice of the making of a direction or notice of a decision by the Minister under paragraph (e),

(II) requiring the Authority to notify specified bodies or persons,

(III) specifying time limits for the making of objections,

(IV) specifying the procedure to be followed at oral hearings,

(V) specifying requirements in relation to the provision of bollards and road ramps, including standards of construction and the provision of warning signs.

(iii) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(h) (i) A bollard or road ramp provided under and in accordance with this section shall be deemed to be a structure necessary for the safety of road users forming part of the public road.

(ii) A road authority shall not provide a bollard or road ramp save under and in accordance with this section.

Parking of vehicles on public roads.

33. —(1) The powers conferred on the Commissioner of the Garda Síochána by section 90 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area.

(2) Notwithstanding subsection (1), bye-laws or temporary rules made under section 90 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by the Authority.

Immobilisation, removal, etc. of unlawfully parked vehicles.

34. —(1) In this section—

authorised person” means a person or a member of a class of persons prescribed for the purposes of this section to be an authorised person;

immobilisation device” means any device or appliance designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion;

owner” has the same meaning as in the Act of 1961;

park” has the same meaning as in the Act of 1961;

prescribed” means prescribed in regulations made by the Minister for the Environment under subsection (9).

(2) Where an authorised person or a person acting under his direction finds on a public road in the Authority's functional area a vehicle which has been parked there in contravention of any prohibition or restriction imposed by or under any enactment, he may—

(i) fix an immobilisation device to the vehicle while it remains in the place where he finds it, or

(ii) move it from the place where he finds it to another place and fix an immobilisation device to it in that other place.

(3) Where an immobilisation device is fixed to a vehicle in accordance with this section an authorised person or a person acting under his direction shall also affix to the vehicle a notice in the prescribed form—

(i) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;

(ii) specifying the steps to be taken to secure its release; and

(iii) giving such other information as may be prescribed.

(4) Subject to subsection (5), a vehicle to which an immobilisation device has been fixed in accordance with this section may only be released from that device by or under the direction of an authorised person.

(5) (a) A vehicle to which an immobilisation device has been fixed in accordance with this section shall, save for the purpose of removal under section 97 of the Act of 1961 or under subsection (2), only be released from that device when the person seeking such release produces satisfactory evidence that he is the owner of the vehicle or is authorised by the owner to use the vehicle and pays the prescribed charge.

(b) Where the owner of a vehicle to which an immobilisation device has been fixed in accordance with this section shows to the satisfaction of an authorised person or a person acting under his direction that the vehicle was parked in contravention of a prohibition or restriction while being used by a person other than the owner and that such use was not authorised by the owner, that authorised person or the person acting under his direction shall waive the prescribed charge and release the vehicle from the immobilisation device.

(c) A vehicle shall be released from the immobilisation device fixed thereto under this section as soon as may be reasonably practicable after the payment of the prescribed charge or after the waiving of such charge, as the case may be.

(6) A notice affixed to a vehicle under this section shall not be removed or interfered with except by the person to whom the notice applies and a person who contravenes this subsection shall be guilty of an offence.

(7) A person who—

(a) obstructs or impedes the fixing of an immobilisation device to a vehicle, or

(b) without being authorised to do so under this section, removes or attempts to remove such an immobilisation device,

shall be guilty of an offence.

(8) (a) Nothing in this section shall be construed as permitting the fixing of an immobilisation device to an ambulance, a fire brigade vehicle or any vehicle used by a member of the Garda Síochána in the performance of his duties as such member.

(b) This section shall not apply to a mechanically propelled vehicle the owner and the driver of which is a disabled person who holds a current permit for a disabled driver under bye-laws or temporary rules made under section 90 of the Act of 1961.

(9) (a) The Minister for the Environment may make regulations for the purpose of giving effect to subsections (1) to (8) and, in particular, but without prejudice to the generality of the foregoing, may make provision by regulations in relation to all or any of the following:

(i) the type of immobilisation device to be used;

(ii) the form of notice under subsection (3);

(iii) the charge to be paid under subsection (5) and the manner in which and to whom such charge is to be paid.

(b) Before making regulations under this subsection the Minister for the Environment shall consult with the Authority and the Commissioner of the Garda Síochána.

(c) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(10) (a) Section 97 of the Act of 1961 shall be construed, in so far as it applies to the Authority's functional area, as

(i) empowering the Authority, with the consent of the Minister for the Environment, to make bye-laws providing for the removal, storage and disposal of vehicles unlawfully parked in its functional area, and

(ii) if the reference in the said section 97 to section 101 of the Act of 1961 were a reference to section 36 .

(b) Notwithstanding paragraph (a), regulations made under section 97 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by the Authority.

Control of traffic signs by Authority.

35. —(1) The powers conferred on the Commissioner of the Garda Síochána by section 95 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area and for this purpose references in that section to an officer of the Garda Síochána shall be construed as references to an officer of the Authority.

(2) In performing its functions under section 95 of the Act of 1961 the Authority shall have regard to the need for a proper system of traffic signs in its functional area.

(3) Notwithstanding subsection (1)

(a) a traffic sign standing provided under section 95 of the Act of 1961 in the Authority's functional area before the commencement of this section shall be deemed to have been provided pursuant to a request, or with the consent, of the Authority, and

(b) any request made or consent given under section 95 of the Act of 1961 in relation to the Authority's functional area and which is in force at the commencement of this section shall continue in force and may be amended or revoked by the Authority.

Public car parks.

36. —(1) A car park may not be provided by a local authority or by any other person in the Authority's functional area except under and in accordance with a licence under this section granted by the Authority which may attach terms and conditions to such a licence.

(2) A local authority may under and in accordance with the terms and conditions of a licence under this section provide such one or more car parks (and access thereto) as they consider desirable.

(3) A local authority may, with the consent of the Minister for the Environment, assist any person providing a car park in accordance with subsection (1) and the assistance may consist of a contribution of money or the execution of works or the grant or lease of land or any combination of those means.

(4) Subsection (2) shall be construed as conferring on a local authority—

(a) power to erect a building for use wholly or mainly for parking mechanically propelled vehicles or particular classes of such vehicles,

(b) power to erect waiting rooms, cloak rooms, petrol stations, shops and any facilities in association with any car park provided by them,

(c) power to adapt land for use as a car park.

(5) The Authority with the approval of the Minister for the Environment may make bye-laws in relation to any car park provided under this section and in particular in relation to all or any of the following matters—

(a) restricting the classes of vehicles which may be admitted to the car park,

(b) specifying the periods for which vehicles may remain in the car park,

(c) specifying conditions subject to which vehicles may use the car park,

(d) specifying the standard of fencing and surfacing for such car parks.

(6) A person who contravenes subsection (1) or a bye-law under subsection (5) or who imposes charges not approved under subsection (11) shall be guilty of an offence.

(7) A local authority who have provided under this section a car park may, with the consent of the Minister for the Environment and the Authority, sell or lease the car park or any part thereof or any facilities provided for the car park under subsection (4) to any person, subject to such conditions as they think proper.

(8) The Minister for the Environment may, with the consent of the Minister for Finance, make grants towards the expenses incurred under this section by a local authority, and such grants may be made out of moneys provided by the Oireachtas.

(9) The Minister for the Environment may, with the consent of the Minister for Finance and on such terms and conditions as to repayment as that Minister thinks proper, make loans towards the expenses incurred under this section by a local authority, and such loans may be made out of moneys provided by the Oireachtas.

(10) The operation of a car park (including the operation of facilities therefor) on or in property leased by a local authority shall be deemed not to be a business within the meaning of the Landlord and Tenant Acts, 1931 to 1983.

(11) (a) No charges may be imposed after the commencement of this section in respect of car parking facilities in car parks which are provided under this section unless such charges have been approved of by the Authority.

(b) The Authority may specify the charges to be made for the use of a car park.

(c) In giving an approval under paragraph (a) or specifying charges under paragraph (b) the Authority shall have regard to the need for a reasonable return to be made on the investment involved in the provision of the car park to which any such charges relate.

(12) (a) Section 101 of the Act of 1961 shall cease to apply to the Authority's functional area from the commencement of this section.

(b) Notwithstanding paragraph (a), bye-laws made under section 101 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by bye-laws made under subsection (5).

(13) Where a local authority become of opinion that the land used for a car park provided by them under this section should be used for a different purpose for which they may lawfully use land, the local authority may, with the consent of the Authority, terminate the use of the land for a car park.

(14) (a) A person may appeal to the Minister—

(i) where the Authority refuses to grant a licence or approve charges for car parking facilities under this section, or

(ii) where a person providing car parking facilities is dissatisfied with the terms of a licence granted or an approval or specification of charges by the Authority.

(b) The Minister, having considered such representations as may be adduced by or on behalf of the appellant and by the Authority and having considered the public interest regarding the provision of car parks in the Authority's functional area, shall grant the appeal or confirm the relevant decision of the Authority, or modify that decision, as he thinks fit.

(c) A decision of the Minister on an appeal under this section shall be final and binding on the parties to the appeal.

(15) In this section—

car park” means a place (not being part of a public road or a place at Dublin Airport) for the parking by the public of mechanically propelled vehicles or pedal cycles on payment of a specified charge;

local authority” means the council of a county, the corporation of a county or other borough or the council of an urban district;

provide” includes operate and cognate words shall be construed accordingly.

Omnibus stopping places and stands.

37. —(1) The powers conferred on the Commissioner of the Garda Síochána by section 85 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area and for this purpose references in that section to an officer of the Garda Síochána shall be construed as references to an officer of the Authority.

(2) Notwithstanding subsection (1), a direction under section 85 of the Act of 1961 which applies to the Authority's functional area and which is in force at the commencement of this section shall continue in force and, in so far as it applies to that area, may be revoked by the Authority.

Taxi stands.

38. —(1) The powers conferred on the Commissioner of the Garda Síochána by section 84 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area.

(2) Notwithstanding subsection (1), bye-laws or temporary rules made under section 84 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by the Authority.

Protection of bridges.

39. —(1) (a) Before exercising in the Authority's functional area a power conferred by section 158 (1) of the Road Traffic Act, 1933 , or by section 93 (1) of the Act of 1961 a road authority, Córas Iompair Éireann or any other person liable to maintain a bridge carrying a public road shall notify the Authority accordingly and shall not exercise such a power in that area without the prior consent in writing of the Authority.

(b) The powers conferred on the Commissioner of the Garda Síochána by section 93 (9) of the Act of 1961 in so far as they relate to the Authority's functional area are hereby transferred to the Authority.

(2) Nothing in this section shall—

(i) prevent the prohibition or restriction in an emergency of the use of a bridge carrying a public road in order to eliminate or reduce danger or risk to persons or property, or

(ii) affect any power conferred on the Minister for the Environment by section 158 (3) of the Road Traffic Act, 1933 , or by section 93 (3) of the Act of 1961.

Roadworks.

40. —(1) Notwithstanding any other enactment, the Authority may direct in respect of any public road in the Authority's functional area the periods during which, the times at which and the manner in which roadworks may be carried out.

(2) In exercising the powers conferred on it by this section the Authority shall have regard to—

(a) the need for co-ordination in relation to the execution of roadworks;

(b) the necessity to minimise disruption to traffic;

(c) the urgency of particular roadworks; and

(d) any expense likely to arise as a result of a direction under this section.

(3) Nothing in this section shall prevent the carrying out of roadworks of an emergency nature, that is to say, roadworks the carrying out of which is essential in order to eliminate or reduce danger or risk to persons or property.

(4) The Authority, with the consent of the Minister for the Environment, may make bye-laws for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such bye-laws may contain provisions relating to all or any of the following matters—

(a) requiring advance notice of proposed roadworks;

(b) requiring specified information to be given regarding proposed roadworks;

(c) notification by the Authority within specified time-limits of decisions regarding proposed roadworks.

(5) A person who contravenes a direction or bye-laws under this section shall be guilty of an offence.

(6) Nothing in this section shall render the Authority liable for any loss or injury caused by roadworks to which this section relates or for any expense arising as a result of a direction under this section.

(7) In this section “roadworks” means the carrying out of repairs, maintenance or any other works to, above or under, a public road but does not include the construction of a new road.

Vehicles serving construction sites.

41. —(1) The Authority, with the consent of the Minister for the Environment, may make bye-laws, either generally or for particular cases, in relation to the regulation and control of access to and egress from construction sites within its functional area by vehicles or particular classes of vehicles.

(2) Bye-laws under this section may in particular relate to all or any of the following matters:

(a) the regulation of the times or days during which access to and egress from construction sites by vehicles or particular classes of vehicles may be permitted,

(b) the number of vehicles that may be allowed access to and egress from construction sites at any particular time, or

(c) the requirements to ensure that vehicles or any particular classes of vehicles are cleaned before leaving any construction site.

(3) A person who contravenes a bye-law under this section shall be guilty of an offence.

(4) This section shall not apply to the carrying out of repairs, maintenance or any other works to, above or under, a public road or to the construction of a new road.

Exchequer allocations for traffic management measures.

42. —There shall be paid to the Authority, out of moneys provided by the Oireachtas, such amounts in respect of traffic management measures in the Authority's functional area as may be approved of by the Minister, or the Minister for the Environment, with the consent of the Minister for Finance.

Payments by Authority for and review of traffic management measures.

43. —(1) Any payment which the Authority makes out of the amounts that it receives under section 42 shall be made in such manner and subject to such conditions as the Authority thinks fit.

(2) The Authority shall periodically conduct and publish a review of the effectiveness of traffic management measures in respect of which it makes a payment under this section.