Written answers

Tuesday, 18 September 2018

Department of Transport, Tourism and Sport

Road Safety

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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664. To ask the Minister for Transport, Tourism and Sport if he will address a matter regarding the case of a person (details supplied); and if he will make a statement on the matter. [37387/18]

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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Responsibility for the maintenance of public roads is a matter for the relevant road authority in accordance with the Roads Act 1993, as amended.

Under Section 70(2)(a) of the Roads Act 1993, it is also the responsibility of the owner or occupier of land to ensure that any tree, shrub, hedge or 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.

A road authority has powers under Section 70(2)(b) of the Roads Act to serve a notice in writing on the owner of a tree, shrub, hedge or other vegetation that is a hazard or potential hazard to persons using a public road or where such vegetation obstructs or interferes with the safe use of a public road or with the maintenance of a public road. Where an owner or occupier fail to comply with such a notice, the road authority may then take such action as it sees fit.

Should a road authority consider that vegetation presents an immediate and serious hazard to persons using a public road, it can step in and act immediately to reduce or remove the hazard under Section 70(9).

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