Dáil Éireann Debate, Tuesday - 22 March 2022
202. Deputy Peter Burke asked the Minister for Transport his views on the use of section 38 of the Road Traffic Act 1994; the regularity with which this mechanism is used; if his attention has been drawn to an increased use in recent months; and if he will make a statement on the matter. [14684/22]
View answerDuring the Covid-19 pandemic, many local authorities sought to implement certain transport related measures on roads and streets. The types of measures developed included widening of footpaths to accommodate social distancing, developing temporary cycling facilities, enhancing pedestrian movement including additional pedestrianisation, alterations to bus stops/routes, plus the introduction of lower speed limits. Most of these interventions were implemented through temporary construction involving bollards, pencil cones, plastic barriers, road markings and signage.
The two main legislative provisions to enable the implementation of the above types of measures are: Section 95 of the Road Traffic Act 1961 (as amended by Section 37 of the Road Traffic Act 1994) and Section 38 of the Road Traffic Act 1994.
The Government has committed to a significant step-change in investment for Active Travel with €360m per annum to be invested in walking and cycling infrastructure in all parts of the country. It is to be expected, therefore, that there will be an increase in planning applications of all types, be that Part VIII or Section 38 or applications to An Bord Pleanála due to the increased number of projects that this funding will support.
I do not have any data on whether or not Section 38 has been used more frequently in recent years. However, we have seen some fantastic examples of local authorities using it to great effect to make improvements to the public realm in towns and villages by re-orientating streets toward the pedestrian, the cyclist and public transport. Dublin City Council and Dún Laoghaire Rathdown County Council, to name just two, have demonstrated how infrastructure can be delivered quickly, safely and appropriately, using this legislative provision.
We do not tend to hear about the many uncontroversial projects that are progressed using Section 38 which I consider to be a very useful piece of legislation. We should not shy away from utilising the expertise of our town planners and engineers to progress projects that benefit society and help to reduce our emissions by improving the accessibility of our towns and villages for people walking and cycling.
