Written Answers. - Road Openings.
Deirdre Clune
Question:
246
Ms Clune
asked the
Minister for the Environment and Local Government
if he intends to introduce legislation to enable local authorities to control road and street openings by utility companies; and if he will make a statement on the matter.
[13457/00]
Section 101D of the Road Traffic Act, 1961, as inserted by the Dublin Transport Authority (Dissolution) Act, 1987, empowers prescribed road authorities to issue directions to statutory undertakers, including telecommunications operators, and others for the purposes of co-ordinating road openings and minimising traffic disruption. Under the Road Traffic (Co-ordination of Roadworks) Regulations, 1992, the Dublin local authorities and the county boroughs of Cork, Limerick, Waterford and Galway were prescribed as authorities which may exercise these powers.
These local authorities 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 hazards to road users; and to ensure roads are permanently reinstated as quickly as possible. The more complex and extensive road openings by statu tory undertakers tend to occur in the areas of these urban authorities but the question of prescribing additional local authorities is being kept under review.
Road openings in areas other than those prescribed in the Road Traffic (Co-ordination of Roadworks) Regulations, 1992, are governed by section 13 of the Roads Act, 1993, which allows road authorities to give written consent to road openings. A road authority may attach conditions to the consent. Any conditions, restrictions or requirements which a road authority may attach to a permission for a road opening, under the Roads Act, 1993 or the Road Traffic (Co-ordination of Roadworks) Regulations, 1992, are a matter for that authority.
In addition to the foregoing, 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 road openings are co-ordinated, trenches are shared and spare ducts are laid for future use by other operators.
Beyond the above provisions, I have recently indicated, in response to the Committee Stage debate on the Planning and Development Bill, 1999, that I would consider the need for a strengthening of legislation to control road openings. This consideration has not yet advanced to the stage of bringing proposals for decision by the Government. In the meantime, I have asked the Dublin Transportation Office to assess, in consultation with the local authorities in the Dublin transportation initiative area, to what extent the approaches taken to the opening and reinstatement of roads and paths for the installation of telecommunications infrastructure could be better managed.
