James Geoghegan (Dublin Bay South, Fine Gael)
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203. To ask the Minister for Transport, Tourism and Sport if he will outline his plans to increase the ease with which someone can receive a road opening licence to excavate a pavement for the purpose of installing safe electric vehicle charging points in high density areas where the cable for the charger needs to be routed under a pavement to reach the vehicle; and if he will make a statement on the matter. [35156/25]

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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The ‘Guidelines for Managing Openings in Public Roads’, published by the Department of Transport in April 2017, sets out a summary of the legal framework relating to powers of road authorities, various statutory bodies and private individuals in opening or forming openings in public roads in Ireland. The document prescribes standards in respect of the work of forming openings, backfilling and the reinstatement of road surfaces and the associated materials to be used on all roads other than National Roads.

The ‘Roads Act, 1993,’ sets out the statutory powers of road authorities in respect of road openings. In order to carry out an excavation in a public road, a person or body must have the consent of the road authority or must be acting under other specific enabling legislation such as applies to statutory and licensed undertakers. In accordance with the Roads Act 1993, a local authority can issue directions in writing to persons carrying out road works in its functional area. Section 13 (6) of the Roads Act, 1993 provides powers whereby a local authority may allow a person or group of persons to carry out maintenance on a local road. This work could also entail opening and backfilling of trenches. Section 13 (10) of the Act prohibits a person from excavating a public road without lawful authority or consent of the road authority. Section 13(10)(b) of the Roads Act, 1993 provides powers whereby a road authority may consent to allow works to be carried out on a road; such permission constitutes a ‘road opening licence’. The road authority may attach restrictions and/or conditions to a road opening licence as it deems appropriate. Failure to comply with such restrictions and/or conditions constitutes an offence. It is important to note that in addition to the above all local authorities are empowered to issue binding directions on a range of matters to any person, including statutory undertakers, carrying out roadworks in an authorities’ functional areas under Section 101D of the Road Traffic Act, 1961 (as inserted therein by Section 9 of the Dublin Transport Authority (Dissolution) Act, 1987).

On the basis of the foregoing, it is the road authorities (local authorities) that are responsible for matters concerning road opening licences, including the particulars and conditions included therein.