Written answers

Tuesday, 6 May 2014

Department of Transport, Tourism and Sport

Road Safety

Photo of Michael MoynihanMichael Moynihan (Cork North West, Fianna Fail)
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445. To ask the Minister for Transport, Tourism and Sport further to Section 13 of the Roads Act, 1993, where it describes the responsibility of individuals to ensure, where cattle frequently cross public roads, that dung or urine does not build up so as to cause danger to road users or damage the public road itself, if this means that the cattle must cross to the other side of the road for the Act to apply, and whether this means that the Act does not apply where cattle are transferred from one field to another, passing along the road to a field on the same side as they had entered. [20126/14]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Section 13(10)(a) of the Roads Act 1993 provides, inter alia,  that any person who, without lawful authority or the consent of a road authority, permits dung or urine from an animal owned by him to be left on a public road such that the dung or urine is a hazard or potential hazard to persons using a public road, or obstructs or interferes with the safe use or maintenance of a public road, shall be guilty of an offence.

Section 13(10)(c) provides that where a person does anything in contravention of section 13(10)(a), a road authority may remove any dung or urine or remove or reduce any hazard, potential hazard, obstruction or interference and may recover any costs reasonably incurred by it from such person as a simple contract debt in any court of competent jurisdiction. The interpretation of legislation is ultimately a matter for the courts.

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