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14 1993

ROADS ACT, 1993

PART V

Toll Roads

Definitions for Part V .

56. —In this Part—

“road authority”, unless the context otherwise requires, means—

(a) in the case of a national road, the Authority,

(b) in the case of a regional road or a local road, a road authority;

toll” means a toll chargeable under this Part;

toll road” means a public road or proposed public road in respect of which a toll scheme is in force;

toll scheme” means a scheme under section 57 .

Toll schemes.

57. —(1) A road authority may make a scheme (“a toll scheme”) for the establishment of a system of tolls in respect of the use of a public road.

(2) In making a toll scheme, a road authority shall give special consideration to the question of exempting from tolls under the scheme pedestrians, pedal cycles, invalid carriages, vehicles specially adapted for use by physically handicapped persons and vehicles providing public passenger transport services.

(3) A toll scheme shall—

(a) specify the public road or proposed public road in respect of the use of which it is proposed to establish a system of tolls,

(b) indicate the classes of vehicles and road users for whose use the toll road is intended,

(c) indicate the classes of vehicles which and road users who will be charged tolls in respect of such use,

(d) include an estimate of the amounts of the tolls that it is proposed to charge in respect of the use of the toll road by such vehicles and road users,

(e) specify such other information as the road authority may consider appropriate or the Minister may prescribe.

(4) A toll scheme shall be accompanied by an explanatory statement outlining the provisions of the scheme and its purpose and effect and shall include (as appropriate)—

(a) information in relation to the general arrangements for the construction, maintenance and operation of the toll road to which the scheme relates and for the payment of the cost of such construction, maintenance and operation,

(b) estimates of the capital cost of the road (where appropriate) and of the capital and operating costs of tolling the road, and

(c) estimates of the volume and kind of traffic that will use the road and the amounts of the tolls in respect of such traffic.

(5) A road authority may make a toll scheme amending a toll scheme made by it that is in force.

(6) The making of a toll scheme in relation to a regional road or a local road shall be a reserved function.

(7) (a) Before making a toll scheme in relation to a national road, the Authority shall send a copy of the draft scheme to the appropriate road authority under section 13 and serve a notice on the authority stating—

(i) that a draft toll scheme has been prepared and that it is proposed to submit it to the Minister for his approval, and

(ii) that representations may be made in writing to the Authority in relation to the draft scheme before a specified date (which shall be not less than six weeks from the date of the notice).

(b) The Authority shall consider any representations made to it under this subsection and not withdrawn.

(c) The making of representations by a road authority under this subsection shall be a reserved function and shall be without prejudice to the right of that authority to make objections to the Minister under section 58 .

Approval by Minister of toll schemes.

58. —(1) (a) A road authority shall submit to the Minister for his approval a toll scheme made by it.

(b) Before submitting a toll scheme to the Minister a road authority shall publish in one or more newspapers circulating in the area where the proposed toll road is located or is to be located a notice—

(i) stating that a toll scheme has been made,

(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 scheme and any map referred to therein and the explanatory statement relating to the scheme may be inspected, and

(iii) stating that objections to the toll scheme may be made in writing to the Minister before a specified date (which shall be not less than two weeks after the end of the period for inspection referred to in subparagraph (ii)).

(2) (a) The Minister may, by order, approve a toll scheme with or without modifications or he may refuse to approve it.

(b) If an objection to a toll scheme is made in writing to the Minister and the objection is not withdrawn the Minister shall, before deciding whether to approve the scheme or not, cause a public local inquiry into the scheme and into such objection to be held and shall consider the report of the person conducting the inquiry and any recommendation made by him.

(c) Where a public local inquiry into a toll scheme is to be held and a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or a public local inquiry under section 49 of this Act relating wholly or partly to the toll road concerned or a public local inquiry into the compulsory acquisition of land for the purposes of such scheme or such toll road, is to be held, the public local inquiry into the toll scheme shall not be held before the holding of the other inquiry or inquiries but may be held at the same time as such other inquiry or inquiries.

(3) (a) A toll scheme approved by the Minister under this section shall come into force with the modifications, if any, therein made by the Minister on such day as may be determined by the road authority.

(b) Notice of the day on which a toll scheme is to come into force shall be published by the road authority at least one month before such day in one or more newspapers circulating in the area in which the toll road to which the scheme relates is located or will be located.

Power to charge tolls.

59. —(1) Subject to the provisions of this Part, a road authority may charge and collect tolls of such amounts as may be specified for the time being in bye-laws made by it under section 61 in respect of the use of a toll road.

(2) A road authority may provide and maintain such buildings, structures, works and apparatus as it considers necessary or expedient for or in connection with the charging and collection of tolls and the operation of toll roads.

(3) Where an agreement under section 63 provides for the collection of tolls by a person specified in the agreement, that person and his servants and agents may collect the tolls to which the agreement relates.

Revocation of toll scheme.

60. —(1) A road authority may with the approval of the Minister by order revoke a toll scheme made by it and approved by the Minister.

(2) Before submitting to the Minister for approval a proposal to revoke a toll scheme the road authority shall publish in one or more newspapers circulating in the area where the toll road is located a notice—

(a) stating that it is proposed to apply to the Minister for approval to the revocation of the scheme,

(b) 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 proposal may be inspected,

(c) stating that objections or representations may be made in writing to the Minister in relation to the proposal before a specified date (which shall be not less than two weeks after the end of the period for inspection).

(3) The Minister may, having considered any objections or representations made to him under subsection (2) and not withdrawn, by order approve the revocation of the toll scheme with or without conditions or restrictions or refuse to approve it.

(4) The Minister may at his discretion cause a public local inquiry to be held into any objections or representations made to him under subsection (2) and not withdrawn.

(5) The road authority shall publish in one or more newspapers circulating in the area where the toll road is located notice of the Minister's decision, including where appropriate particulars of any conditions or restrictions.

(6) The making of an order revoking a toll scheme in relation to a regional road or a local road shall be a reserved function.

Toll bye-laws.

61. —(1) A road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road.

(2) The Authority shall consult with the appropriate road authority under section 13 before making bye-laws in relation to a national road.

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

(a) specify the amounts of the tolls that shall be charged, or the scales and other provisions by reference to which they shall be charged, in respect of the use of a toll road by vehicles and road users of each class specified in the bye-laws and may specify different such amounts by reference to such circumstances or combinations of circumstances (whether relating to classes of vehicles or road users, seasons of the year, days of the week, times of the day or otherwise) as the road authority may consider appropriate,

(b) provide for the issue, inspection and collection of tickets, tokens, vouchers, permits, receipts and other forms of authorisation or payment for the use of a toll road,

(c) specify the persons who shall be liable to pay a toll,

(d) provide that a person liable under the bye-laws to pay a toll shall not use, or cause or permit, any vehicle of which he is in charge to use the toll road concerned unless the toll has been paid or arrangements, to the satisfaction of the road authority concerned or of a person authorised by it to operate and manage the toll road, for its payment have been made, and

(e) specify the powers of the road authority and of any person authorised by it to operate and manage the toll road concerned in relation to users of a toll road and vehicles and the persons in charge of them.

(4) The making of toll bye-laws in relation to a regional road or a local road shall be a reserved function.

(5) Bye-laws made under subsection (1) shall have no effect unless and until the Minister approves them.

(6) Before submitting bye-laws to the Minister for his approval, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice—

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

(ii) stating that objections or representations may be made in writing to the Minister in relation to such bye-laws before a specified date (which shall be not less than two weeks after the end of the period for inspection), and

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

(7) Before approving the bye-laws the Minister shall consider any objections or representations which have been made to him under subsection (6) and not withdrawn.

(8) (a) The Minister may, by order, approve the bye-laws with or without modifications or he may refuse to approve them.

(b) Bye-laws approved by the Minister shall come into effect—

(i) on the date specified in those bye-laws, or

(ii) where no date is specified in the bye-laws, on the date on which the Minister makes an order approving them.

(9) The bye-laws shall, as soon as may be after they have been approved, be published in Iris Oifigiúil and notice of their making, of the toll road to which they apply 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 where the toll road to which the bye-laws relate is located or is to be located.

Exemption from tolls.

62. —The following shall be exempt from the payment of tolls—

(a) ambulances and fire brigade vehicles,

(b) vehicles used by members of the Garda Síochána or the Defence Forces in the performance of their duties as such members,

(c) such other classes of vehicles or road users as the Minister may prescribe in relation to toll roads generally, specified classes of toll roads or specified toll roads.

Agreements for financing, maintenance, construction and operation of toll roads.

63. —(1) Where a toll scheme is approved by the Minister, a road authority may, with the consent of the Minister, enter into an agreement with another person under which, upon such terms and conditions as may be specified in the agreement (including the payment to, or retention by, the person of all or part of the proceeds of tolls in respect of the toll road the subject of the scheme), the person agrees to do all or one or more of the following:

(a) to pay some or all of the cost of the construction of the road,

(b) to pay some or all of the cost of the maintenance of the road,

(c) to construct or join or assist in the construction of the road for or with the authority,

(d) to maintain or join or assist in the maintenance of the road for or with the authority,

(e) to operate and manage (including provide, supervise and operate a system of tolls in respect of the use of the road) the road for or with the authority,

(f) such other things connected with or incidental or ancillary to or consequential upon the foregoing as may be specified in the agreement.

(2) Without prejudice to the generality of subsection (1), an agreement under this section may—

(a) provide for the application of the proceeds of tolls, systems of accounting for tolls collected and the methods and times of payment of proceeds of tolls to the persons to whom they are to be paid under the terms of the agreement,

(b) specify the period for which the agreement shall have effect and provide for its termination or suspension and for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement or such termination or suspension, and

(c) provide for the giving of such security as may be specified therein—

(i) to the road authority by any other party to the agreement, or

(ii) by the road authority to any other party to the agreement,

in relation to the carrying out and observance by that party or authority of the terms and conditions of the agreement.

(3) A road authority may, with the consent of the Minister, enter into an agreement with a party with whom it has entered into a previous agreement under this section amending the terms or conditions thereof, adding thereto, or deleting therefrom, terms or conditions or revoking the previous agreement.

(4) Entry into an agreement under this section in relation to a regional road or a local road shall be a reserved function.

(5) The parties to an agreement under this section shall carry out the agreement in accordance with its terms and conditions and a road authority shall have all such powers as may be necessary for that purpose.

Offences under Part V .

64. —(1) A person who is liable to pay a toll and who fails, neglects or refuses to pay the toll shall be guilty of an offence.

(2) A person who fails, neglects or refuses to obey a lawful instruction or direction of a person authorised by a road authority to operate and manage a toll road shall be guilty of an offence.

(3) A person who contravenes a bye-law made under section 61 shall be guilty of an offence.

(4) The amount of any toll due and payable by a person under this Act and unpaid may be recovered from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

Toll regulations.

65. —The Minister may make regulations—

(a) for the purposes of this Part and for enabling this Part and any toll scheme under section 57 , or agreement under section 63 , to have full effect, and

(b) providing for the application of any moneys accruing to a road authority from the exercise of its functions under this Part.

Continuance of existing schemes, bye-laws and agreements.

66. —(1) Notwithstanding the repeal of the Act of 1979 by this Act—

(a) every agreement entered into under section 9 of that Act and every toll scheme or bye-law made by a road authority under that Act and in force immediately before such repeal shall continue in force as if made or entered into under this Part,

(b) every agreement entered into by a road authority under section 10 of that Act and in force immediately before such repeal shall continue in force as if entered into under section 59 of the Act of 1955 and the provisions of section 14 of this Act (other than subsection (7) thereof) shall apply to such agreement.

(2) On the commencement of this section, any agreement entered into or any scheme or bye-law made under the Act of 1979 shall, where such agreement, scheme or bye-law relates to a national road, be deemed to have been entered into or made by the Authority and with effect from such commencement all functions, rights and liabilities of the road authority concerned in relation to such agreement, scheme or bye-law shall transfer to the Authority.