The taking in charge of housing estate roads by local authorities is provided for under section 11 of the Roads Act, 1993. Where there is an undue delay by a road authority in taking a road in charge, there is provision under section 180 of the Planning Act 2000 for a majority of the qualified electors, who own or occupy the houses within the estate in question, to require the road authority to initiate proceedings under section 11 of the Roads Act, 1993.
While certain traffic laws apply to public places generally, such as estates that have not been taken in charge, this is not the case in respect of speed limits, as these are provided for under the legislation governing public roads. My Department is currently considering, with the assistance of the Office of the Attorney General, the possible application of speed limits elsewhere than on public roads, having regard to not only road safety but also enforcement and other relevant legal issues.
Where local authorities have taken housing estates in charge, they may, as part of the measures to improve road safety, go through the process of adopting bye-laws for the 30km/h limit for roads within the estates. As the Deputy may be aware, 30km/h is a special speed limit and statutory responsibility for setting such limit in respect of any specific road is vested in local authorities under section 9 of the Road Traffic Act 2004 and requires a public consultation process followed by a decision by the Elected Members.
I am also making provision for an additional speed limit of 20km/h in the Road Traffic Bill 2016 which is due to be passed into law later this year. This will then be available, along with the 30km/h limit, for implementation by local authorities in specific areas, including housing estates, following the required public consultation.
