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Dublin Transport Authority (Dissolution) Act, 1987

I gCúirt

Baineann an dlí seo le díscaoileadh Iompras Bhaile Átha Cliath (an tÚdarás Iompair Bhaile Átha Cliath) agus le haistriú a chuid maoine agus dliteanas chuig an Aire Turasóireachta agus Iompair. Déanann sé freisin leasuithe ar Achtanna áirithe a bhaineann le trácht ar bhóithre.

Cad a rialaíonn sé

  • Díscaoileadh Iompras Bhaile Átha Cliath.
  • Aistriú maoine, ceart, agus dliteanas an Údaráis chuig an Aire Turasóireachta agus Iompair.
  • Leanúnachas conarthaí agus tagairtí don Údarás i ndoiciméid áirithe.
  • Leasuithe ar Achtanna an Rialtais Áitiúil (Bóithre agus Mótarbhealaí), 1974, agus ar Achtanna na nÚdarás Áitiúil (Maoir Tráchta), 1975.
  • Leasuithe éagsúla ar Achtanna an Achta um Thrácht ar Bhóithre, 1961 go 1984.

Cé a bhaineann sé leis

  • Iompras Bhaile Átha Cliath (an tÚdarás).
  • An tAire Turasóireachta agus Iompair.
  • An Coimisinéir an Gharda Síochána.

Príomhphointí

  • Díscaoiltear an tÚdarás Iompair Bhaile Átha Cliath.
  • Aistrítear gach maoin, ceart, agus dliteanas an Údaráis chuig an Aire Turasóireachta agus Iompair.
  • Leanann conarthaí leanúnacha agus urrúis eile a bhí i bhfeidhm roimh an díscaoileadh de bheith i bhfeidhm, agus cuirtear ainm an Aire in ionad ainm an Údaráis iontu.
  • Aistrítear cumhachtaí áirithe a bhí ag an Údarás faoi Acht an Achta um Thrácht ar Bhóithre, 1961, chuig an Coimisinéir an Gharda Síochána.
Legal text
Legal text

Dublin Transport Authority (Dissolution) Act, 1987 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1987 Dublin Transport Authority (Dissolution) Act, 1987 Dublin Transport Authority (Dissolution) Act, 1987 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 34 of 1987 DUBLIN TRANSPORT AUTHORITY (DISSOLUTION) ACT, 1987 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Dissolution of Authority. 3. Transfer of certain property and liabilities of Authority. 4. Preservation of certain continuing contracts and adaptation of references to Authority in certain documents. 5. Pending legal proceedings. 6. Exemption from stamp duty. 7. Amendment of section 82 of Road Traffic Act, 1961. 8. Conferral of certain powers under Road Traffic Act, 1961 on Commissioner of Garda Síochána. 9. Amendment of Part VIII of Road Traffic Act, 1961. 10. Miscellaneous amendments of Road Traffic Act, 1961. 11. Amendment of Local Government (Roads and Motorways) Act, 1974. 12. Amendment of Local Authorities (Traffic Wardens) Act, 1975. 13. Repeal. 14. Expenses. 15. Short title, collective citation and commencement. Acts Referred to Companies Act, 1963 1963, No. 33 County Management Acts, 1940 to 1985 Dublin Transport Authority Act, 1986 1986, No. 15 Finance Act, 1895 1895, c. 16 Finance Act, 1976 1976, No. 16 Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24 Local Authorities (Traffic Wardens) Act, 1975 1975, No. 14 Local Government (Roads and Motorways) Act, 1974 1974, No. 6 Public Health (Ireland) Act, 1878 1878, c. 52 Roads Act, 1920 1920, c. 72 Road Traffic Act, 1961 1961, No. 24 Road Traffic Acts, 1961 to 1984 Road Traffic Act, 1968 1968, No. 25 Road Transport Act, 1932 1932, No. 2 Number 34 of 1987 DUBLIN TRANSPORT AUTHORITY (DISSOLUTION) ACT, 1987 AN ACT TO PROVIDE FOR THE DISSOLUTION OF IOMPRAS BHAILE ÁTHA CLIATH, TO AMEND THE ROAD TRAFFIC ACTS, 1961 TO 1984, THE LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 , AND THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27th December, 1987] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—

(1)In this Act— “the Act of 1961” means the Road Traffic Act, 1961 ; “the Act of 1974” means the Local Government (Roads and Motorways) Act, 1974 ; “the Act of 1986” means the Dublin Transport Authority Act, 1986 ; “the Authority” means Iompras Bhaile Átha Cliath; “functions” includes powers, duties and obligations and references to the performance of functions includes, as respects powers, duties and obligations, references to the exercise of the powers and the carrying out of the duties and obligations; “the Minister” means the Minister for Tourism and Transport.
(2)In this Act a reference to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment. Dissolution of Authority. 2.—The Authority is hereby dissolved. Transfer of certain property and liabilities of Authority. 3.—
(1)The following shall be and hereby are transferred to the Minister: (
  1. a)all property and rights held or enjoyed immediately before the commencement of this Act by the Authority, (
  2. b)all liabilities incurred before such commencement by the Authority that had not been discharged before such commencement, and, accordingly, without any further conveyance, transfer or assignment— (
  3. i)the said property, real and personal, shall on such commencement vest in the Minister for all the estate, term or interest for which, immediately before such commencement, it was vested in the Authority but subject to all trusts and equities affecting the property and capable of being performed, (
  4. ii)the said rights shall, as on and from such commencement, be enjoyed by the Minister, (iii) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister.
(2)All moneys, stocks, shares and securities transferred to the Minister by this section which, immediately before the commencement of this Act, are standing in the name of the Authority shall, upon the request of the Minister, be transferred into his name.
(3)Every right and liability transferred by subsection
(1)of this section to the Minister may, on or after the commencement of this Act, be sued on, recovered or enforced by or against the Minister in his own name and it shall not be necessary for the Minister to give notice to the person whose right or liability is transferred by that subsection of the transfer. Preservation of certain continuing contracts and adaptation of references to Authority in certain documents. 4.—
(1)Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Authority to any person or given by any person to and accepted by or on behalf of the Authority and every contract or agreement in writing made between the Authority and any other person (other than a member of the staff of the Authority) and in force but not fully executed and completed immediately before the commencement of this Act shall continue in force on and after such commencement and shall be construed and have effect as if the name of the Minister were substituted therein for that of the Authority and shall be enforceable by or against the Minister.
(2)References to the Authority contained immediately before the commencement of this Act in the memorandum and articles of association of any company (within the meaning of the Companies Act, 1963 ), shall, on and after such commencement, be construed as references to the Minister.
(3)Every scheme made by the Authority under paragraph 17 of the Schedule to the Act of 1986 and approved of by the Minister after consultation with the Minister for the Environment and with the consent of the Minister for Finance and in force immediately before the commencement of this Act shall, notwithstanding section 13 of this Act, continue in force, and may be amended or revoked by a scheme made by the Minister under this section, with the like approval, consultation and consent as aforesaid and references in any such scheme in force before such commencement to the Authority shall be construed as references to the Minister and section 3 of this Act shall apply accordingly to it. Pending legal proceedings. 5.—Where, immediately before the commencement of this Act, any legal proceedings are pending in any court or tribunal and the Authority is a party to the proceedings, the name of the Minister shall be substituted in the proceedings for that of the Authority and the proceedings shall not abate by reason of such substitution. Exemption from stamp duty. 6.— Section 12 of the Finance Act, 1895 shall not apply to the vesting in the Minister of any property or right transferred by this Act. Amendment of section 82 of Road Traffic Act, 1961. 7.—Section 82 of the Act of 1961 is hereby amended by the substitution of the following subsection for subsection
(9)(inserted by the Road Traffic Act, 1968 ): “
(9)(
  1. a)If a person refuses or omits to pay to the owner, driver or conductor of a public service vehicle a sum payable by the person to such owner, driver or conductor, as the case may be, in respect of the hire of, or the fare for the person's carriage in, the vehicle, the person shall, if so requested by such owner, driver or conductor, as the case may be, give him his name and address. (
  2. b)Where a person refuses or fails to comply with a request under paragraph (
  3. a)of this subsection or, following such a request, gives a name or address that the owner, driver or conductor concerned has reasonable grounds for believing to be false or misleading, the owner, driver or conductor, as the case may be, aforesaid may detain the person until the arrival of a member of the Garda Síochána. (
  4. c)A member of the Garda Síochána may request— (
  5. i)a person who has refused or failed to comply with a request under paragraph (
  6. a)of this subsection, (
  7. ii)a person who, following a request under that paragraph, has given to the owner, driver or conductor concerned a name or address that the latter has reasonable grounds for believing to be false or misleading, or (iii) a person detained pursuant to paragraph (
  8. b)of this subsection, to give to the member his name and address and, if the person refuses or fails to give his name and address or gives a name or address that the member has reasonable grounds for believing to be false or misleading, the member may arrest the person without warrant and, if the person has refused or failed to give his name and address or has given a name or address that is false or misleading, the person shall be guilty of an offence.”. Conferral of certain powers under Road Traffic Act, 1961 on Commissioner of Garda Síochána. 8.—
(1)The powers of the Authority under sections 84, 85, 89, 90, 93
(9)and 95 of the Act of 1961 (being powers that were transferred from the Commissioner of the Garda Síochána to the Authority bysections 38, 37, 32, 33, 39
(1)(b) and 35, respectively, of the Act of 1986) are hereby conferred on the Commissioner of the Garda Síochána.
(2)Any bye-laws, temporary rules or directions under a provision aforesaid of the Act of 1961 in force immediately before the commencement of this Act shall continue in force after such commencement, and may be amended or revoked, as if they had been made or given by the Commissioner of the Garda Síochána under that provision.
(3)(a) A sign or a traffic sign standing provided under the said section 93
(9)or 95 before the commencement of this Act in the functional area of the Authority shall be deemed to have been provided pursuant to a request or requirement, or with the consent, made or, as the case may be, given by the Commissioner of the Garda Síochána under the said section 93
(9)or 95, as the case may be. (b) Any request, requirement or consent under the said section 93
(9)or 95 that is in force immediately before such commencement shall continue in force, as if it had been made or, as the case may be, given by the Commissioner of the Garda Síochána under the said section 93
(9)or 95, as the case may be. Amendment of Part VIII of Road Traffic Act, 1961. 9.—The Act of 1961 is hereby amended by the insertion in Part VIII of the following sections after section 101: “Control of vehicles by bollards and ramps. 101A.—
(1)In this section— ‘bollard’ means a pole, post or similar device inserted into or affixed vertically or nearly vertically to the surface of a roadway or footway; ‘ramp’ means an artificial hump in or on the surface of a roadway; ‘reserved function’ means— (
  1. a)with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1985, a reserved function for the purposes of those Acts, (
  2. b)with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.
(2)A road authority may, in the interest of the safety of road users, provide in its functional area either permanently or for such period as it considers appropriate— (
  1. a)bollards on a roadway or footway for the purpose of preventing or restricting the use of a public road by mechanically propelled vehicles or animal-drawn vehicles, (
  2. b)ramps on a roadway for the purpose of restricting the speed of mechanically propelled vehicles on a public road.
(3)A road authority may remove bollards or ramps provided by it under this section.
(4)(
  1. a)Where a road authority proposes to provide a bollard or ramp under this section or remove a bollard or ramp provided permanently under this section, it shall— (
  2. i)give notice of the proposal in the prescribed manner and the notice shall indicate (I) in case the proposal relates to the provision of the bollard or ramp, the period for which it will be provided, (II) that objections may be made to the proposal and any such objections shall be made in writing to the road authority concerned during a specified period, not being less than one month from the date of the giving of the notice, and (III) that a person making an objection who wishes to state his objection orally, may so request in writing, (
  3. ii)consider any written objection made to it and not withdrawn in relation to the proposal, (iii) afford to any person making an objection and who so requests in writing an opportunity to state his objection before a person or persons appointed by the road authority who shall consider his objection and report thereon to the authority, (
  4. iv)consult with the Commissioner who shall furnish any observations on the proposal to the road authority within two months of the consultation. (
  5. b)The road authority, having considered any objections to the proposal and any report or observations under paragraphs (iii) and (
  6. iv)of paragraph (
  7. a)of this section, shall make a decision in relation to the proposal and shall— (
  8. i)give notice of its decision in the prescribed manner, and (
  9. ii)notify any objectors in writing of the decision.
(5)The making of a decision under subsection
(4)of this section and the consideration of objections under that subsection shall be reserved functions.
(6)(
  1. a)The Minister may make regulations for the purpose of enabling this section to have full effect. (
  2. b)Regulations under this subsection may, in particular but without prejudice to the generality of paragraph (
  3. a)of this subsection— (
  4. i)specify the manner in which notice of a proposal under paragraph (a), or a decision under paragraph (b), of subsection
(4)of this section shall be given, (
  1. ii)specify requirements in relation to the provision of bollards and ramps under this section and in relation to the bollards and ramps to be so provided, including (without prejudice to the generality of the foregoing) regulations specifying standards of manufacture, construction and installation of bollards and ramps, (iii) require the provision of lighting and specified traffic signs at and in the vicinity of bollards and ramps so provided, and (
  2. iv)specify classes of public roads on which bollards or ramps may, or shall not, be provided. (
  3. c)A road authority shall comply with any regulation for the time being in force under this section.
(7)Any regulations under section 32 of the Dublin Transport Authority Act, 1986 , that are in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made under this section.
(8)A bollard or ramp provided under this section shall be deemed to be a structure forming part of the public road concerned and necessary for the safety of road users.
(9)(
  1. a)A person who, without lawful authority, removes or damages or attemptsto remove or damage a ramp or bollard provided under this section shall be guilty of an offence. (
  2. b)An offence under this subsection may be prosecuted by the road authority in whose functional area the acts constituting the offence were done.
(10)A road authority shall not provide a bollard or ramp save under and in accordance with this section. Immobilisation, removal etc. of unlawfully parked vehicles. 101B.—
(1)In this section— ‘authorised person’ means a person, or a member of a class of persons, prescribed for the purposes of this section; ‘immobilisation device’ means any device or appliance designed or adapted for fixing to a vehicle for the purpose of preventing it from being driven or otherwise put in motion; ‘vehicle’ means a mechanically propelled vehicle.
(2)Where an authorised person finds on a public road a vehicle that is parked in contravention of any prohibition or restriction imposed under section 90 of this Act, he or a person acting under his direction may— (
  1. a)fix an immobilisation device to the vehicle while it remains in the place where he finds it, or (
  2. b)move it from the place where he finds it (whether or not he has fixed an immobilisation device to
  3. it)to another place and fix an immobilisation device to it in that other place.
(3)When fixing an immobilisation device to a vehicle, there shall also be affixed to the vehicle a notice in the prescribed form— (
  1. a)indicating that the device has been fixed to the vehicle and warning that an attempt should not be made to drive it or otherwise put it in motion until the device is removed, (
  2. b)specifying the steps to be taken to secure such removal, and (
  3. c)giving such other information (if any) as may be prescribed.
(4)Subject to subsection
(5), an immobilisation device that has been fixed to a vehicle under this section may be removed only by an authorised person or a person acting under his direction.
(5)(
  1. a)An immobilisation device fixed to a vehicle under this section shall be removed only— (
  2. i)if the person seeking its removal shows to the satisfaction of any authorised person that he is the owner of the vehicle or is authorised by its owner to seek such removal and pays the prescribed charge, (
  3. ii)for the purpose of the removal of the vehicle under section 97 of this Act, or (iii) for the purpose of moving the vehicle under subsection
(2)of this section. (
  1. b)Where the owner of a vehicle that is parked and to which an immobilisation device has been fixed under this section shows to the satisfaction of any authorised person that the vehicle was so parked while being used by a person other than the owner and that such use was not authorised by the owner, the authorised person shall waive the prescribed charge and he or a person acting under his direction shall remove the immobilisation device from the vehicle. (
  2. c)An immobilisation device fixed to a vehicle under this section shall be removed therefrom as soon as is reasonably practicable after the payment of the prescribed charge or after the waiver of such charge, as the case may be.
(6)A notice affixed to a vehicle under this section shall not be removed or interfered with by a person other than the owner of the vehicle or a person authorised by such owner to use the vehicle and a person who contravenes this subsection shall be guilty of an offence.
(7)A person who— (
  1. a)obstructs or impedes an authorised person, or a person acting under his direction, in the performance of his functions under this section, or (
  2. b)without being authorised to do so under this section, removes or attempts to remove from a vehicle an immobilisation device fixed to it under this section, shall be guilty of an offence.
(8)(
  1. a)An immobilisation device shall not be fixed under this section to an ambulance, a fire brigade vehicle or any vehicle used by a member of the Garda Síochána in the performance of his duties as such member. (
  2. b)This section shall not apply to a vehicle on which there is prominently displayed a valid permit for a disabled driver under bye-laws or temporary rules under section 90 of this Act.
(9)The Minister may, after consultation with the Minister for Justice, make regulations for the purpose of enabling full effect to be given to this section and such regulations may, in particular, but without prejudice to the generality of the foregoing, specify requirements in relation to: (a) the type of immobilisation device to be used, (b) the form of a notice under subsection
(3)of this section, (c) the amount of the charge under subsection
(5)of this section and the manner in which and the person to whom such charge shall be paid.
(10)Any regulations under section 34 of the Dublin Transport Authority Act, 1986 , that are in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made under this section. Control of access to and egress from construction sites by vehicles. 101C.—
(1)A road authority may, after consultation with the Commissioner, make bye-laws providing for the regulation and control of access to and egress from construction sites generally or a specified class of construction site or a specified construction site by vehicles or a specified class of vehicle.
(2)Bye-laws under this section may, in particular but without prejudice to the generality of subsection
(1)of this section— (
  1. a)specify the times and days during which such access and egress as aforesaid is permitted, (
  2. b)specify the number of vehicles permitted to have such access and egress during specified periods, and (
  3. c)require vehicles or a specified class of vehicle to be cleaned before leaving a construction site or a specified class of construction site or a specified construction site.
(3)A person who contravenes a bye-law under this section shall be guilty of an offence.
(4)This section shall not apply to construction sites for the purpose of the widening of or other alteration to, or the carrying out of repairs, maintenance or other works to, above or under, a public road or the construction of a public road.
(5)Sections 219 and 221 to 223 of the Public Health (Ireland) Act, 1878 , shall apply to bye-laws under this section as they apply to bye-laws under that Act.
(6)Any bye-laws under section 41 of the Dublin Transport Authority Act, 1986 , and in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made under this section. Roadworks. 101D.—
(1)In this section— ‘local authority’ means— (
  1. a)the council of a county, (
  2. b)the corporation of a county or other borough, or (
  3. c)the council of an urban district standing prescribed for the time being for the purposes of this section; ‘roadworks’ means repairs, maintenance, alterations, improvements or installations or any other works to, above or under, a public road; ‘emergency roadworks’ means roadworks the carrying out of which is immediately required in order to prevent, or reduce the risk of, loss, injury or damage to persons or property.
(2)(
  1. a)Notwithstanding any other enactment, a local authority may give a direction in writing to any person in relation to the carrying out of roadworks in its functional area. (
  2. b)A local authority may, by a direction in writing given to the person to whom a direction was given under this subsection, revoke or amend the latter direction. (
  3. c)A direction given to a person under this subsection may apply to all roadworks undertaken by the person or to specified roadworks undertaken by him.
(3)A direction under subsection
(2)of this section may specify: (
  1. a)the periods during which and the times at which roadworks shall or shall not be carried out, (
  2. b)the period within which roadworks shall be completed, (
  3. c)the manner in which roadworks shall or shall not be carried out, (
  4. d)requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of roadworks. (
  5. e)requirements in relation to the giving of security for satisfactory reinstatement of a public road following the carrying out of roadworks, (
  6. f)requirements in relation to the control of traffic in the vicinity of roadworks.
(4)When giving a direction under this section, a local authority shall have regard to: (
  1. a)the need to co-ordinate, in such manner as to minimise any disruption of traffic by the roadworks concerned, the periods during which and the times at which the roadworks concerned and other roadworks (whether or not they are in the functional area of the local authority) are carried out, (
  2. b)the necessity to minimise the disruption to traffic caused by the roadworks concerned and other roadworks, (
  3. c)the urgency of the need to carry out the roadworks, and (
  4. d)any cost likely to be incurred as a result of the direction.
(5)(a) Subsection
(2)of this section does not apply to the carrying out of roadworks (being roadworks the carrying out of which would, but for this subsection, be in contravention of a direction or regulations under this section) at any time when the person carrying them out reasonably believes that the roadworks are emergency roadworks, (b) Paragraph (a) of this subsection shall not be construed as preventing a local authority from giving a direction under subsection
(2)of this section where it is satisfied that the carrying out of the roadworks concerned is not, or is no longer, immediately required in orderto prevent or reduce the risk of loss, injury or damage to persons or property.
(6)(
  1. a)The Minister may make regulations for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such regulations may contain provisions: (
  2. i)specifying local authorities and the areas in which they may perform their functions under this section, (
  3. ii)requiring advance notice of proposed roadworks, other than emergency roadworks, to be given to the local authority concerned, (iii) requiring notice of emergency roadworks to be given to the local authority concerned as soon as may be after their commencement, (
  4. iv)requiring specified information to be given to the local authority concerned regarding— (I) proposed roadworks, or (II) emergency roadworks, (
  5. v)specifying time limits for the giving of directions by local authorities, (
  6. vi)specifying requirements and standards for the temporary or permanent reinstatement of roadworks, (vii) specifying requirements in relation to traffic control in the vicinity of roadworks. (
  7. b)Different regulations may be made under this subsection: (
  8. i)in respect of different local authorities, (
  9. ii)in respect of different areas of the functional area of a local authority, (iii) in respect of different types of roadworks, (
  10. iv)for different circumstances.
(7)(
  1. a)A person who contravenes a direction or regulation under this section shall be guilty of an offence and shall be liable: (
  2. i)on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or (
  3. ii)on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment. (
  4. b)Where an offence under this subsection has been committed by a body corporate and is found to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly. (
  5. c)Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which paragraph (
  6. a)of this subsection relates as if, in lieu of the penalties provided for in subsection
(3)of the said section, there were specified therein the penalties provided for in the said paragraph (a) and the reference in subsection
(2)(a) of the said section 13 to the penalties provided for in the said subsection
(3)shall be construed and have effect accordingly.
(8)(
  1. a)Local authorities or the Minister shall not be liable for any loss, injury or damage, or any expenditure incurred by another person by reason of the performance or non-performance of their functions under this section. (
  2. b)Subsection
(2)of this section does not apply to the carrying out of roadworks by a local authority.
(9)In performing its functions a local authority shall— (
  1. a)have regard to the need to co-ordinate works carried out by it to, above or under, a public road with the carrying out of roadworks by other persons, (
  2. b)have regard to the need to minimise traffic disruption, (
  3. c)comply with regulations under subsection
(6)which are stated therein to apply to local authorities.
(10)Any bye-laws or directions under section 40 of the Dublin Transport Authority Act, 1986 , that are in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if, in the case of bye-laws, they were regulations under this section and, in the case of directions, had been made under this section.”. Miscellaneous amendments of Road Traffic Act, 1961. 10.—
(1)(a) Section 103 of the Act of 1961 is hereby amended by the substitution of the following subsection for subsection
(1)(inserted by the Act of 1986): “
(1)This section applies to such offences under this Act as may be declared by the Minister by regulations to be offences to which this section applies.”. (b) Regulations under subsection
(1)of the said section 103 that were in force immediately before the commencement of the Act of 1986 or this Act shall continue in force, and may be amended or revoked, as if they had been made under subsection
(1)(inserted by this section) of the said section 103.
(2)Notwithstanding section 13 of this Act, subsection
(1)(inserted by the Act of 1986) of section 115 of the Act of 1961 shall continue in force after the commencement of this Act subject to the deletion of “or the Dublin Transport Authority Act, 1986 ,” and the substitution of “thereunder” for “or bye-laws under either of those Acts”. Amendment of Local Government (Roads and Motorways) Act, 1974. 11.—The Act of 1974 is hereby amended— (
  1. a)in section 1, by the insertion before the definition of “functions” of the following definitions: “‘busway’ means a public road or a proposed public road that is declared to be a busway under section 2 of this Act; ‘mechanically propelled vehicle’, ‘pedal cyclist’, and ‘street service vehicle’ have the meanings respectively assigned to them by the Road Traffic Act, 1961 ; ‘passenger road service’ has the meaning assigned to it by the Road Transport Act, 1932 ;”, (
  2. b)in section 2, by the insertion of the following subsection after subsection
(2): “(2A) The Minister may by order declare any public road or proposed public road or any part of any public road or proposed public road to be a busway.”, (c) in section 9, by the substitution of the following subsections for subsection
(3): “
(3)(
  1. a)Subject to paragraph (
  2. b)of this subsection, the use of a busway shall be restricted to: (
  3. i)mechanically propelled vehicles engaged in the provision of passenger road services, (
  4. ii)street service vehicles, (iii) ambulances, fire brigade vehicles and vehicles used by members of the Garda Síochána in the performance of their duties as such members, (
  5. iv)such other classes of vehicles as may be prescribed, after consultation with the Minister for Tourism and Transport, in relation to busways, specified busways or specified parts of specified busways. (
  6. b)The Minister may, after consultation with the Minister for Tourism and Transport, prescribe conditions in relation to: (
  7. i)the use of busways, specified busways or specified parts of specified busways by vehicles or specified classes of vehicles (including conditions specifying the periods of use of busways by specified classes of vehicles) and different conditions may be prescribed for different busways and different classes of vehicles, and (
  8. ii)any classes of vehicles that may, by virtue of paragraph (
  9. a)(
  10. iv)of this subsection, use busways, specified busways or specified parts of specified busways.
(4)(
  1. a)The following shall not use a busway: (
  2. i)pedestrians (other than for the purpose of gaining access to vehicles specified in subsection
(3)of this section), (ii) pedal cyclists and persons driving mechanically propelled vehicles of a class other than a class authorised by the said subsection
(3)to use that busway. (b) Persons in charge of, or having control over, animals shall not permit them to be on a busway.
(5)Any orders or regulations made, by virtue of section 27 of the Dublin Transport Authority Act, 1986 , under this Act and in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made, by virtue of this section, under this Act.
(6)A person who contravenes subsection
(2)or
(4)of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £150.
(7)This Act (other than sections 2
(2), 7 and 9) shall applyto busways as it applies to motorways with any necessary modifications.”. Amendment of Local Authorities (Traffic Wardens) Act, 1975. 12.—The Local Authorities (Traffic Wardens) Act, 1975 is hereby amended— (a) in section 2, by the substitution of the following paragraphs for paragraphs (a) and (b) of subsection
(2): “(
  1. a)functions in respect of offences referred to in paragraphs (a), (
  2. b)and (
  3. c)(inserted by the Dublin Transport Authority (Dissolution) Act, 1987) of section 3
(1)of this Act, and (
  1. b)such other functions as may be prescribed after consultation with the Minister for Justice, and different functions may be so prescribed in relation to the functional areas of different local authorities.”, (
  2. b)in section 3— (
  3. i)by the substitution of the following subsection for subsection
(1): “
(1)This section applies to such of the following offences as may be prescribed after consultation with the Minister for Justice, that is to say: (
  1. a)any offence under the Road Traffic Acts, 1961 to 1984, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles, (
  2. b)an offence under section 73 of the Finance Act, 1976 , (
  3. c)the offence under regulations under the Roads Act, 1920 , of not fixing to and exhibiting on a vehicle in the manner prescribed by those regulations a licence in respect of the vehicle, and for the time being in force, taken out under the Finance (Excise Duties) (Vehicles) Act, 1952 , (
  4. d)any offence to which a function prescribed under paragraph (
  5. b)(inserted by the Dublin Transport Authority (Dissolution) Act, 1987) of section 2
(2)of this Act relates.”, and (ii) by the substitution of “£150” for “£20” in subsection
(5)(b), and (c) in section 4, by the substitution of “£150” for “£20” in subsections
(1)and
(3). Repeal. 13.—The Act of 1986 is hereby repealed. Expenses. 14.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Short title, collective citation and commencement. 15.—
(1)This Act may be cited as the Dublin Transport Authority (Dissolution) Act, 1987.
(2)This Act, in so far as it amends the Road Traffic Acts, 1961 to 1984, may be cited together therewith as the Road Traffic Acts, 1961 to 1987.
(3)This Act, in so far as it amends the Act of 1974, may be cited together therewith as the Local Government (Roads and Motorways) Acts, 1974 and 1987.
(4)This Act, in so far as it amends the Local Authorities (Traffic Wardens) Act, 1975 , may be cited together therewith as the Local Authorities (Traffic Wardens) Acts, 1975 and 1987.
(5)This Act shall come into operation on the 1st day of January, 1988. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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