Vol. 506 No. 3
75 Mr. R. Bruton asked the Minister for the Environment and Local Government if her attention has been drawn to the widespread public dissatisfaction with the co-ordination of excavation and re-instatement by the wide range of bodies which now have statutory rights to open streets; and if provision will be introduced whereby local authorities could fine utilities which fail to comply with a reasonable protocol governing the performance of works. [15568/99]
Under the Road Traffic (Co-ordination of Roadworks) Regulations, 1992, the Dublin local authorities and the county boroughs of Cork, Limerick, Waterford and Galway have powers to co-ordinate and control road openings by both public and private utilities to minimise the frequency and duration of road openings; to co-ordinate works to minimise traffic congestion and hazard to road users; and to ensure that roads are permanently reinstated as quickly as possible. Failure to comply with directions issued by a local authority is an offence for which the penalty is a fine not exceeding £1,000 and-or a prison term not exceeding 12 months in the case of a summary conviction; in the case of conviction on indictment, the penalty is a fine not exceeding £50,000 and-or a prison term not exceeding five years.
The Telecommunications (Infrastructure) Bill, 1999, which is currently before the Seanad, proposes to enhance local authority powers by obliging telecommunications operators to obtain the consent of the local authority before opening a road to lay underground telecommunications infrastructure. Under section 15 of the Bill, a local authority would be empowered to make its consent subject to conditions including reduction in the number of telecommunications related road openings by ensuring that road openings are co-ordinated, trenches are shared and spare ducts are laid for future use by other operators. Non-compliance with a direction given by a local authority under the Bill would be an offence. In the case of a summary conviction, the penalty would be a fine not exceeding £1,500 and-or a prison term not exceeding 12 months; in the case of a conviction on indictment, the penalty would be a fine not exceeding £10,000 and-or a prison term not exceeding two years.
Finally, the concept of lane rental will be introduced by the National Roads Authority in connection with new urban road works contracts. Similar arrangements for the control of other operations involving occupation of road space may arise for consideration in due course.
