Eamon Gilmore (Dún Laoghaire, Labour)
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Question 10: To ask the Minister for Transport the reason for his decision not to provide a default speed limit on non-public roads in view of the fact that it means that no urban speed limit is applied to estates not taken in charge by the local authority; and if he will make a statement on the matter. [24277/07]

Noel Dempsey (Meath West, Fianna Fail)
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Under the provisions of road traffic legislation a speed limit applies to every public road and the legislative basis for the application of speed limits on public roads is set out in the Road Traffic Act 2004. A county council or a city council can only make special speed limit bye-laws in relation to public roads that they are responsible for. A county or city manager can only make a road works speed limit order in respect of a public road. A road authority can only provide traffic signs, including speed limit signs, on a public road and the Garda Síochána can only enforce speed limits on a public road.

However, non-public roads in housing estates are classified as 'public places' since the public have access to them with vehicles. Provisions of the road traffic legislation relating to drink driving, careless driving, driving without reasonable consideration, dangerous driving, dangerous parking, obligations to use seat belts and a range other road traffic offences can be enforced by the Garda Síochána where an offence is committed in a public place. I have no authority to apply a default speed limit to non-public roads in private residential developments.