Dáil Éireann Debate, Tuesday - 1 July 2014
595. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if he will mandate local authorities to pursue developers and contractors for damage done to public roads, footpaths or any other public property as a result of the work that they carried out, rather than the local authority carrying the costs of such works. [27818/14]
View answerThe maintenance and construction of public roads is the statutory responsibility of the relevant road authority, in accordance with the provisions of section 13 of the Roads Act 1993.
A person must have lawful authority or the consent of the relevant road authority in order to carry out works on a public road or any part of a public road such as a footpath.
Section 13(10)(a) provides, inter alia, that a person who, without lawful authority or the consent of a road authority, defaces, damages or excavates a public road, is guilty of an offence.
Section 13(10)(b) provides that a consent under section 13(10(a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements is guilty of an offence.
Section 13(10)(c) provides that where a person does anything in contravention of section 13(10)(a), a road authority may, inter alia, remove any defacement, repair any damage or fill in any excavation, and may recover any costs reasonably incurred by it from such person as a simple contract debt in any court of competent jurisdiction.
With regard to other types of public property, these would be subject to any relevant statutory provisions that apply to such property.
