Brendan Griffin (Kerry South, Fine Gael)
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365. To ask the Minister for Transport, Tourism and Sport if a local authority may force a land owner to cut a large tree that is hanging over a public road way (details supplied); the legislation that exists in this area; his plans for legislation in this area; and if he will make a statement on the matter. [39232/14]

Paschal Donohoe (Dublin Central, Fine Gael)
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Section 70(2) of the Roads Act 1993 provides that landowners and occupiers of land must take all reasonable steps to ensure that a tree, hedge and other vegetation growing on their land is not, or could not become, a danger to people using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.

Section 70(2) further provides that if a tree, hedge or other vegetation is, or could become, a danger to those using or working on a public road, or obstructs or interferes with the safe use or maintenance of a public road, the road authority may serve a written notice on the owner or occupier of the land requiring action to be taken in order to remove the danger or potential danger within the period stated in the notice.

Section 70(7) provides that an owner or occupier who fails to comply with such a notice served by a road authority is guilty of an offence.  A person guilty of an offence under section 70(7) is liable on summary conviction to a fine not exceeding €5,000.

Section 70(8) provides that the road authority can take the action specified in the notice itself or such other action as it thinks fit where the person on whom the notice was served fails to comply with it.