Dáil Éireann debate -
Tuesday, 30 Jun 1998

Vol. 493 No. 3

Written Answers. - Road Safety.

Proinsias De Rossa

Question:

313 Proinsias De Rossa asked the Minister for the Environment and Local Government the obligations, if any, there are on local authorities to cut back trees, branches or bushes which may obstruct the view of motorists, particularly at road bends, thus creating a danger of accidents; if he has satisfied himself that the powers available to local authorities to deal with these obstructions where they are on private land; and if he will make a statement on the matter. [15612/98]

Minister for the Environment and Local Government (Mr. Dempsey)

Statutory provisions governing roadside trees and vegetation are contained in section 70 of the Roads Act, 1993. These provisions oblige landowners and occupiers of land to take all necessary care to ensure that trees, shrubs, hedges or any other vegetation on their land are not, or could not become, a danger to road users.

Where a local authority considers that a hazard exists they may serve notices on landowners and occupiers of land requiring action to be taken to remove the danger or potential danger. The local authority can carry out the works specified in the notice itself in any case where the person on whom the notice was served fails to comply with it. They may also carry out additional works which they consider necessary. Where there is an immediate and serious risk to road users the local authority can act at once, without serving a notice, to remove or reduce the danger. In either case, the local authority may recover its cost of the works from the landowner or occupier.

I am satisfied that these powers are properly designed to enable local authorities to take action, in the interests of road safety in relation to roadside obstructions. At the same time, local authorities have been advised that, in the exercise of these powers, they should also be aware of their responsibilities in relation to the environment and the preservation of amenities.