Local Government Act, 1925

Regulations in regard to roads.

36.—(1) The Minister may make regulations prescribing—

(a) the standard and quality of the materials which may be used in the maintenance and construction of roads;

(b) the size, shape, colour, and character of the signs to be erected on roads for the purpose of—

(i.) indicating the places to which the road leads, and the distances to such places,

(ii.) indicating the distances on the road,

(iii.) warning persons using the road of dangerous portions thereof,

(iv.) guiding traffic on the road with a view to minimising the risk of accidents;

(c) the places at which the several signs hereinbefore mentioned are to be erected;

(d) the conditions upon which such signs as aforesaid may be erected or retained on land adjoining any road by the owner or occupier thereof;

(e) the signals by which persons using roads can indicate their intentions to other such persons.

(2) The Minister shall have power to prescribe, by regulations made under this section, conditions under which any such sign as hereinbefore mentioned may be erected on land adjoining a public road, without the consent of the owner or occupier when erection on such adjoining land, and not on any part of the road itself, is reasonably necessary or desirable for the purposes of any such sign.

(3) 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 is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the regulation is laid before it annulling the regulation, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(4) The council entrusted by this Act with the maintenance of any road—

(a) shall not use in the maintenance of such road any material of a standard or quality contrary to regulations made under this section, and

(b) shall erect and maintain on such road such and so many of the signs prescribed by the regulations made under this section and in such places as shall be necessary to comply with such regulations, and

(c) shall not erect on such road any sign in contravention of such regulations.

(5) The expenses of a council in erecting any sign in accordance with such regulations as aforesaid on any road and of maintaining such sign shall be part of the expenses of the maintenance of that road.

(6) If it appears to a Justice of the District Court that any sign such as is referred to in this section is erected or retained on land adjoining any road contrary to any regulation made under this section, he may on the application of any police officer or of any officer of the council to whom the maintenance of such road is entrusted by this Act, order the removal of such sign, and, if he thinks it advisable, by such order authorise such officer to enter on such land for the purpose of removing such sign.

(7) If any person, without lawful authority, removes, defaces, or otherwise injures any such sign as is mentioned in 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 ten pounds or, at the discretion of the court, to imprisonment for a term not exceeding one month.