Written answers

Wednesday, 19 October 2005

9:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 155: To ask the Minister for Transport if, in the interests of road safety, he is satisfied that hedgerows on roads across Ireland are being sufficiently maintained to ensure that the roads are safe for pedestrians and cyclists; the person responsible for the cutting of hedgerows; the role of his Department and that of the local authorities with regard to this aspect of road safety; and if he will make a statement on the matter. [29483/05]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The improvement and maintenance of national roads is the responsibility of the National Roads Authority, NRA, and the local authorities concerned. The improvement and maintenance of non-national roads is a matter for local authorities and the Department of the Environment, Heritage and Local Government.

Section 70 of the Roads Act 1993 obliges landowners and occupiers of land to take all necessary care to ensure that shrubs, hedges or any other vegetation on their land are not or could not become a danger to road users.

Section 70 also empowers a local authority, where it considers that a hazard exists, to serve a notice on a landowner or occupier of land requiring action to be taken to remove the danger or potential danger. The local authority itself can carry out the works specified in the notice in any case where the person on whom the notice was served fails to comply with it. The authority may also carry out additional works which it considers necessary. Where there is an immediate and serious risk to road users, the local authority can act at once — without serving notice — to remove or reduce the danger. In either case, the local authority may recover the cost of the works from the landowner or occupier.

I am satisfied that these powers enable local authorities to take necessary action in respect of roadside obstructions. In addition to the foregoing, I understand that some local authorities undertake hedge cutting as part of their road maintenance activities.

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