First Previous (PART III The National Roads Authority) Next (PART V Toll Roads)

14 1993

ROADS ACT, 1993

PART IV

Motorways, Busways and Protected Roads

Motorways.

43. —(1) A motorway means a public road or proposed public road specified to be a motorway in a motorway scheme approved by the Minister under section 49 .

(2) A person shall not have or be entitled to direct access from any land adjoining a motorway to the motorway, or from the motorway to such land, nor shall a right to such direct access be granted at any time.

(3) The Minister may prescribe—

(a) the classes of vehicles which shall be permitted to use a motorway and different classes of vehicles may be prescribed in relation to motorways generally, particular motorways or particular parts of particular motorways, and

(b) conditions in relation to the use of motorways generally, particular motorways or particular parts of particular motorways by vehicles or specified classes of vehicles (including conditions specifying the periods of use of motorways by specified classes of vehicles) and different conditions may be prescribed in relation to different motorways or different classes of vehicles.

(4) (a) Pedestrians and pedal cyclists shall not use a motorway.

(b) Persons in charge of, or having control over, animals shall not permit them to be on a motorway.

(5) (a) A person who uses a motorway in contravention of regulations under subsection (3) shall be guilty of an offence.

(b) A person who contravenes subsection (4) shall be guilty of an offence.

(6) A reference in any enactment or instrument to a motorway shall be deemed to be a reference to a motorway as defined in this Act.

Busways.

44. —(1) A busway means a public road or proposed public road specified to be a busway in a busway scheme approved by the Minister under section 49 .

(2) Save as is provided in subsection (4) (a), a person shall not have or be entitled to direct access from any land adjoining a busway to the busway, or from the busway to such land nor shall a right to such direct access be granted at any time.

(3) The Minister may, after consultation with the Minister for Transport, Energy and Communications, prescribe—

(a) the classes of vehicles which shall be permitted to use a busway and different classes of vehicles may be prescribed in relation to busways generally, particular busways or particular parts of particular busways, and

(b) conditions in relation to the use of busways generally, particular busways or particular parts of particular 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 in relation to different busways or different classes of vehicles.

(4) (a) Pedestrians (other than for the purposes of access to or from vehicles prescribed under subsection (3)) and pedal cyclists shall not use a busway.

(b) Persons in charge of, or having control over, animals shall not permit them to be on a busway.

(5) (a) A person who uses a busway in contravention of regulations under subsection (3) shall be guilty of an offence.

(b) A person who contravenes subsection (4) shall be guilty of an offence.

Protected roads.

45. —(1) A protected road means a public road or proposed public road specified to be a protected road in a protected road scheme approved by the Minister under section 49 .

(2) A protected road scheme approved by the Minister may provide for the prohibition, closure, stopping up, removal, alteration, diversion or restriction of any specified or all means of direct access to the protected road from specified land or from specified land used for a specified purpose or to such land from the protected road.

(3) (a) A protected road scheme approved by the Minister may prohibit or restrict the use of the protected road or a particular part thereof by—

(i) specified types of traffic,

(ii) specified classes of vehicles,

but shall not prohibit or restrict such use—

(I) by ambulances or fire brigade vehicles,

(II) by vehicles used by members of the Garda Síochána or the Defence Forces in the performance of their duties as such members,

(III) for the purpose of maintaining such protected road.

(b) A person who contravenes a prohibition or restriction under paragraph (a) shall be guilty of an offence.

Prohibition and restriction of access to motorways, busways and protected roads.

46. —(1) Notwithstanding anything contained in any other enactment, neither a planning authority nor An Bord Pleanála shall decide to grant, or grant, planning permission, nor shall a decision by a planning authority to grant any planning permission be regarded as having been given under section 26 (4) of the Act of 1963—

(a) for any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of a protected road scheme approved by the Minister under section 49 relating to direct access to or from a protected road,

(b) for any development of land proposed to be compulsorily acquired under a scheme made by a road authority under section 47 ,

(c) for any development of land where such development would affect materially the exercise by the road authority of the rights proposed to be compulsorily acquired in relation to land under a scheme made by a road authority under section 47 ,

(d) for any development of land which would contravene the provisions of a scheme made by a road authority under section 47 .

(2) (a) Where the Minister, by order under section 49 , refuses to approve a scheme, subsection (1) shall cease to apply in relation to such scheme with effect from the date of the making of such order.

(b) Where the Minister, by order under section 49 , approves a scheme with modifications, subsection (1) shall, with effect from the date of the making of such order, apply only to such scheme as approved with modifications.

(3) Compensation under section 11 of the Act of 1990 shall not be payable in respect of the refusal of permission for any development of land of a kind referred to in subsection (1) or in respect of the imposition, on the granting of permission to develop land, of any condition relating to—

(a) the prohibition of direct access to or from a motorway or a busway,

(b) the prohibition, closure, stopping up, removal, alteration, diversion or restriction of direct access to or from a protected road which is provided for in a protected road scheme approved by the Minister under section 49 .

(4) Save as is provided for in section 54 , no person shall undertake any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of an approved protected road scheme relating to direct access to or from a protected road.

(5) (a) Where a means of direct access from any land to a motorway or a busway or to any land from a motorway or a busway has been constructed, or otherwise provided, by any person in contravention of section 43 (2) or 44 (2) or subsection (4) of this section, the road authority may, without giving notice to the owner of the land or to any other person, take all steps necessary to close, stop up or remove the means of access and may recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up or removing that means of access.

(b) Where a means of direct access from any land to a protected road or to any land from a protected road contravenes a protected road scheme approved by the Minister under section 49 , the road authority may (as appropriate in accordance with the provisions of such scheme) take all steps necessary to close, stop up, remove, alter, divert or restrict the means of access and may, where the means of access was provided subsequent to the approval by the Minister of the protected road scheme, recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up, removing, altering, diverting or restricting that means of access.

(6) (a) Any person who constructs or provides or attempts to construct or provide a means of direct access to or from a motorway or a busway in contravention of section 43 (2) or section 44 (2) shall be guilty of an offence.

(b) Any person who contravenes subsection (4) shall be guiltyof an offence.

(c) Any person who constructs, provides or retains or attempts to construct, provide or retain a means of direct access which contravenes a protected road scheme approved by the Minister under section 49 shall be guilty of an offence.

(7) Any person (other than a road authority) who interferes with (otherwise than with the prior written consent of the road authority) or damages any fence or other boundary forming part of a motorway, a busway or a protected road shall be guilty of an offence.

Scheme for a motorway, busway or protected road.

47. —(1) A road authority may make—

(a) a motorway scheme,

(b) a busway scheme,

(c) a protected road scheme,

(d) a protected road scheme amending a protected road scheme approved under section 49 ,

referred to in this Act as “a scheme”.

(2) (a) A scheme under this section shall be in the prescribed form and shall (where appropriate) specify—

(i) the proposed motorway, busway or protected road to which the scheme relates,

(ii) any land which is proposed to be compulsorily acquired for the purposes of the proposed motorway, busway or protected road,

(iii) any rights proposed to be compulsorily acquired in relation to land for the purposes of the proposed motorway, busway or protected road,

(iv) any public and private rights of way proposed to be extinguished over the land referred to in subparagraphs (ii) and (iii),

(v) any land in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed motorway, busway or protected road,

(vi) any land used for a specified purpose in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed protected road,

(vii) any planning permissions for the development of land proposed to be revoked or modified and the extent of any such modification,

(viii) such other matters as may be prescribed from time to time by the Minister.

(b) The matters referred to in paragraph (a) shall (where appropriate) be described by reference to a map or maps.

(c) The land referred to in paragraph (a) (ii) and the rights in relation to land referred to in paragraph (a) (iii) shall include all land and rights in relation to land necessary for or incidental to the construction or maintenance of a motorway, a busway or a protected road and all land or rights in relation to land required for access roads, ramps, toll facilities, service areas and maintenance depots.

(3) Where it is proposed to prohibit or restrict the use of a protected road or a particular part thereof by—

(a) specified types of traffic, or

(b) specified classes of vehicles,

the protected road scheme shall specify the proposed prohibitions or restrictions.

(4) (a) Where in accordance with subsection (2) a scheme made by a road authority specifies a planning permission which is proposed to be revoked, that planning permission shall stand suspended from the date of the making of the scheme until the Minister approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be revoked.

(b) Where in accordance with subsection (2) a scheme made by a road authority specifies a planning permission which is proposed to be modified, that planning permission shall stand modified to such extent as is specified in the scheme from the date of the making of the scheme until the Minister approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be modified to such extent as is specified in the scheme as approved.

(c) A planning authority shall enter in the register kept under the Act of 1963 particulars of—

(i) the planning permissions proposed to be revoked or modified under a scheme made under this section and the extent of such modification,

(ii) the decision of the Minister under section 49 (3) insofar as it affects the planning permissions referred to in subparagraph (i).

(d) For the purposes of this section “planning permission” means a planning permission (which has not ceased to have effect in accordance with the provisions of the Act of 1982).

Procedures to be followed by a road authority when submitting a scheme to the Minister.

48. —Before submitting a scheme to the Minister under section 49 a road authority shall—

(a) publish in one or more newspapers circulating in the area where the proposed motorway, busway or protected road is to be located a notice in the prescribed form—

(i) stating that a scheme has been made,

(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the scheme and the map referred to therein may be inspected, and

(iii) stating that objections may be made in writing to the Minister in relation to the scheme before a specified date (which shall be not less than two weeks after the end of the period for inspection),

(b) serve on every owner and occupier of any land referred to in a scheme made under section 47 and on every person who, in the opinion of the authority, is affected by the proposed revocation or modification of a planning permission specified in such scheme, a notice in the prescribed form stating—

(i) the nature and extent of the scheme,

(ii) that the scheme will be submitted to the Minister for approval, and

(iii) the specified date (which shall be not less than two weeks after the end of the period for inspection referred to in paragraph (a) (ii)) before which objections may be made in writing to the Minister in relation to the scheme.

Approval of scheme by Minister.

49. —(1) A road authority shall submit any scheme made by it under section 47 to the Minister for his approval.

(2) Before approving a scheme submitted to him the Minister shall—

(a) cause a public local inquiry into all matters relating to the scheme to be held,

(b) consider any objections to the scheme which have been made to him and not withdrawn,

(c) consider the report and any recommendation of the person conducting such inquiry.

(3) The Minister may, by order, approve a scheme with or without modifications or he may refuse to approve such a scheme and shall publish in one or more newspapers circulating in the area where the proposed motorway, busway or protected road is to be located notice of his decision, including, where appropriate, particulars of any modifications to the scheme.

(4) The Minister may, in any case where he considers it reasonable to do so, direct the road authority to provide for any person who, by reason of the implementation of a motorway, busway or protected road scheme—

(a) is permanently deprived of reasonable access to or from his property or to or from one part of his property to another — a suitable alternative means of access,

(b) is, during construction, temporarily deprived of reasonable access to or from his property or to or from one part of his property to another — a temporary means of access during the course of such construction,

and the road authority shall comply with any such direction.

(5) Where a scheme made by a road authority under section 47 specifies a planning permission which it is proposed to revoke or modify and where the Minister—

(a) refuses to approve the scheme, or

(b) approves the scheme with modifications and the effect of such modifications is that the specified planning permission will not be revoked or modified or will be modified in a form other than that specified in the scheme as made by the road authority,

the duration of such planning permission shall, notwithstanding the Act of 1982, be extended by a period specified in the order of the Minister under subsection (3), the duration of which shall be equivalent to the period beginning on the date on which the scheme was made by the road authority and ending on the date on which the decision referred to in paragraph (a) or (b) was made by the Minister.

Environmental impact statement.

50. —(1) (a) A road authority shall prepare a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of any proposed road development consisting of—

(i) the construction of a motorway,

(ii) the construction of a busway,

(iii) any prescribed type of proposed road development consisting of the construction of a proposed public road or the improvement of an existing public road.

(b) Where the Minister considers that any proposed road development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment, he shall direct the road authority to prepare an environmental impact statement in respect of such proposed road development and the authority shall comply with such direction.

(c) Where a road authority considers that any proposed road development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment, it shall inform the Minister in writing and where the Minister concurs with the road authority he shall give a direction to the road authority under paragraph (b).

(2) An environmental impact statement shall contain the following specified information:

(a) a description of the proposed road development, comprising information about the site, design, size, physical characteristics and land-use requirements of the development;

(b) the data necessary to identify and assess the main effects which the proposed road development is likely to have on the environment;

(c) a description of the likely significant effects, direct and indirect, on the environment of the proposed road development, explained by reference to its possible impact on—

(i) human beings, fauna and flora,

(ii) soil, water, air, climate and the landscape,

(iii) the inter-action between any of the matters referred to in subparagraphs (i) and (ii),

(iv) material assets, and

(v) the cultural heritage;

(d) where significant adverse effects are identified with respect to any of the matters referred to in paragraph (c), a description of the measures envisaged in order to avoid, reduce and, if possible, remedy those effects;

(e) where appropriate, an outline of the main alternatives (if any) studied and an indication of the main reasons for choosing the proposed alternative, taking into account the environmental effects; and

(f) a summary in non-technical language.

(3) An environmental impact statement may include, by way of explanation or amplification of any of the specified information referred to in subsection (2), further information on any of the following matters:

(a) the estimated type and quantity of expected emissions resulting from the proposed road development when in operation;

(b) the likely significant direct and indirect effects (including secondary, cumulative, short, medium, and long term, permanent and temporary, positive and negative effects) on the environment of the development proposed which may result from—

(i) the use of natural resources,

(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;

(c) the forecasting methods used to assess any effects on the environment about which information is given under subparagraph (b);

(d) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information.

Environmental impact assessment.

51. —(1) A proposed road development shall not be carried out unless the Minister has approved it or approved it with modifications.

(2) A road authority shall apply to the Minister for the approval referred to in subsection (1) in relation to a proposed road development and shall submit to the Minister the environmental impact statement prepared in respect of such development.

(3) Where a road authority has made an application for approval under subsection (2), it shall as soon as may be—

(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice in the prescribed form—

(i) stating that it has made an application to the Minister for the approval of the proposed road development,

(ii) stating that an environmental impact statement in respect of the proposed road development has been prepared,

(iii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the environmental impact statement may be inspected,

(iv) stating that a copy of the environmental impact statement may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy, and

(v) stating that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development before a specified date (which shall be not less than two weeks after the end of the period for inspection);

(b) send a copy of the environmental impact statement together with a notice in the prescribed form, stating that the authority has made an application for approval of the proposed road development and that submissions may be made in writing to the Minister before a specified date (which shall be not less than two weeks after the end of the period for inspection referred to in subsection (3) (a) (iii)) in relation to the likely effects on the environment of the proposed road development to each of the following—

(i) the Commissioners of Public Works in Ireland,

(ii) Bord Fáilte Éireann,

(iii) An Taisce — the National Trust for Ireland,

(iv) any other prescribed body or person;

(c) send a copy of the environmental impact statement to the prescribed authority in Northern Ireland where the proposed road development is likely to have significant effects on the environment in Northern Ireland or where that authority so requests, together with a notice in the prescribed form, stating that the authority has made an appli-cation for approval of the proposed road development and that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development.

(4) The Minister may require a road authority which has applied to him for an approval in accordance with subsection (2) to furnish him with specified additional information in relation to the likely effects on the environment of the proposed road development and the authority shall comply with any such requirement.

(5) Before approving a proposed road development the Minister shall—

(a) consider the environmental impact statement submitted under subsection (2), any additional information furnished under subsection (4) and any submissions made in relation to the likely effects on the environment of the proposed road development,

(b) consider any views of the prescribed authority in Northern Ireland where a copy of the environmental impact statement was sent to it in accordance with subsection (3) (c),

(c) consider the report and any recommendation of the person conducting an inquiry referred to in subsection (7) where evidence is heard at such inquiry in relation to the likely effects on the environment of the proposed road development.

(6) The Minister may, by order, approve a proposed road development with or without modifications or he may refuse to approve such a development and shall—

(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place notice of his decision, including, where appropriate, particulars of any modifications to the proposed road development,

(b) inform the prescribed authority in Northern Ireland of his decision where a copy of the environmental impact statement was sent to it in accordance with subsection (3) (c).

(7) (a) The person conducting—

(i) a public local inquiry under section 49 , or

(ii) a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or

(iii) a public local inquiry in relation to the compulsory acquisition of land,

which relates wholly or partly to a proposed road development in respect of which a road authority has applied for an approval under this section shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

(b) Where an application for approval under this section relates to a proposed road development, and

(i) a scheme submitted to the Minister for approval under section 49 , or

(ii) an application submitted to the Minister for a bridge order under the Act of 1946, or

(iii) a compulsory purchase order submitted to the Minister for confirmation,

relate wholly or partly to the same proposed road development, the Minister shall make a decision on such approval and on the approval of such scheme or the making of such bridge order or the confirmation of such compulsory purchase order at the same time.

(8) (a) The European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 (S.I. No. 221 of 1988) are hereby revoked.

(b) The European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989) and the Local Government (Planning and Development) Regulations, 1990 (S.I. No. 25 of 1990) shall not apply to proposed road development.

Acquisition of land and implementation of scheme.

52. —(1) Whenever the Minister approves a scheme (with or without modifications) under section 49 , the road authority shall thereupon be authorised to compulsorily acquire any land or any rights in relation to land specified in the approved scheme and, for that purpose, the scheme shall have the same effect as if it were a compulsory purchase order in respect of that land or any rights in relation to land which, consequent on a decision made by the road authority, pursuant to section 10 (1) of the Local Government (No. 2) Act, 1960 (as inserted by section 86 of the Housing Act, 1966 ), had been duly made and confirmed.

(2) Whenever the Minister approves a scheme (with or without modifications) the road authority shall thereupon be authorised to close, stop up, remove, alter, divert or restrict an existing means of direct access (including access from a public road) to a motorway or a busway or a protected road from any land as specified in the approved scheme or from any land to a motorway or a busway or a protected road.

(3) In any case where the closing, stopping up, removing, altering, diverting or restricting of an existing means of direct access under subsection (2) results in the owner of any land being deprived of the only means of access from that land to any public road or to that land from a public road, the road authority shall not close, stop up, remove, alter, divert or restrict such means of access until an alternative means of access to or from a public road has been provided.

(4) Whenever, by reason of the approval of a scheme (with or without modifications) by the Minister, direct access from any land to a public road or to any land from a public road is prohibited, closed, stopped up, removed, altered, diverted or restricted, any person who has suffered damage in consequence thereof by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of that land, shall be entitled to recover from the road authority compensation in respect of that damage:

Provided that in assessing compensation regard shall be had to any new means of access provided by the road authority and where appropriate to any existing means of access (whether restricted or otherwise) which remains.

(5) A claim for compensation under subsection (4) shall be made not later than six months after the date on which the scheme to which it relates was approved by the Minister and shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.

(6) A claim for compensation may be made in relation to a planning permission which is revoked or modified under a scheme approved by the Minister under section 49 as if the revocation or modification had been made by notice under section 30 of the Act of 1963, and for the purposes of section 17 of the Act of 1990, the road authority which made the scheme shall be deemed to be the planning authority.

Control of works by a State authority, statutory undertaker or local authority.

53. —(1) (a) The powers conferred on any State authority, statutory undertaker or local authority by or under any enactment to carry out works along, adjoining, in, on, under or over any land shall not be exercised by that authority or undertaker in relation to any land comprised in a motorway, busway or protected road otherwise than with the consent of the Authority (in the case of a national road) or the Minister (in the case of a regional road or a local road).

(b) Paragraph (a) shall not apply to the carrying out by a road authority of any functions assigned to it by or under any enactment (including this Act) relating to the construction or maintenance of public roads.

(c) (i) The carrying out by a State authority, statutory undertaker or local authority of emergency works necessary to eliminate or reduce danger or risk to persons or property or of maintenance works shall not require consent under paragraph (a).

(ii) In subparagraph (i)maintenance works” includes the inspection, repair, renewal or removal of the works referred to in paragraph (a), but does not include the relocation of those works.

(iii) A road authority may issue a direction to a State authority, statutory undertaker or local authority in relation to the works referred to in subparagraph (i) and the authority or undertaker shall comply with this direction.

(2) The Minister may make regulations providing that before submitting an application for consent under subsection (1) in respect of prescribed works—

(a) a State authority, statutory undertaker or local authority shall publish in one or more newspapers circulating in the area in which the proposed works would be located a notice in the prescribed form—

(i) stating that it is proposed to apply for consent in respect of specified works,

(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the application may be inspected,

(iii) stating that objections or representations may be made in writing to the Authority or the Minister in relation to the granting of consent before a specified date (which shall be not less than two weeks after the end of the period for inspection);

(b) the Authority or the Minister may, having considered any objections or representations made to it or him under paragraph (a) (iii) and not withdrawn, grant or refuse consent or grant consent subject to such conditions or restrictions as it or he considers necessary;

(c) the Authority or the Minister may at its or his discretion cause an oral hearing to be held into any objections or representations made under paragraph (a) (iii) and not withdrawn and shall consider the report and any recommendation of a person conducting such oral hearing before deciding whether to grant or refuse consent.

Service areas.

54. —(1) A motorway scheme or a protected road scheme made under section 47 may include provision for a service area.

(2) (a) Only classes of vehicles prescribed under section 43 (3) shall have access from a service area to a motorway.

(b) Save as is provided in a protected road scheme approved by the Minister under section 49 , all types of traffic and classes of vehicles shall have access from a service area to a protected road.

(3) (a) Where a motorway scheme or a protected road scheme approved by the Minister under section 49 includes provision for a service area—

(i) the Authority (in the case of a national road), or

(ii) a road authority, with the consent of the Authority (in the case of a national road) or the consent of the Minister (in the case of a regional road or local road),

may—

(I) provide or operate in a service area facilities or services for persons and vehicles using a motorway or a protected road,

(II) make an agreement with any person whereby that person (either by himself or jointly with the Authority or the road authority as the case may be) provides or operates in a service area facilities or services for persons and vehicles using a motorway or a protected road.

(b) A service area on a motorway or a protected road shall not be provided or operated save in accordance with paragraph (a).

(4) (a) The Minister may make regulations—

(i) for the purposes of this section,

(ii) providing for the application of moneys accruing to a road authority in respect of the exercise of its functions under this section.

(b) Any person who contravenes a regulation under this section which is deemed to be a penal regulation shall be guilty of an offence.

Special and emergency access to a motorway, busway or protected road.

55. —(1) Notwithstanding the provisions of this Part, a road authority may, other than for the development of land and subject to such conditions and restrictions as it thinks fit, permit direct access to or from any land adjoining a motorway or a busway or (where access has been prohibited or restricted in a protected road scheme) a protected road—

(a) by a State authority, statutory undertaker or a local authority to carry out works to which section 53 applies,

(b) by ambulances or fire brigade vehicles,

(c) by vehicles used by members of the Garda Síochána, the Defence Forces or persons employed by local authorities in the performance of their duties as such members or employees,

(d) by any other person or vehicle where by reason of an emergency there is a serious risk to persons or property.

(2) Nothing in this Act shall prevent a road authority from having direct access to or from a motorway, a busway or a protected road for the purpose of maintaining such motorway, busway or protected road.

(3) The Minister may make regulations for the purposes of this section.

(4) Any person who contravenes a regulation under this section which is deemed to be a penal regulation shall be guilty of an offence.