The power to make determinations regarding the application of special speed limits in their area through the making of by-laws was devolved to local elected representatives of county councils and city councils under the Road Traffic Act 1994. The exercise of this power is subject to consultation with the Garda Síochána and, in the case of proposals for the application or revision of speed limits on national roads, is subject to the consent of the National Roads Authority.
Since 20 January 2005, the councils, when making special speed limit bye-laws are now required, under section 9 of the Road Traffic Act 2004, to have regard to any guidelines issued by the Minister for Transport on the application of special speed limits. It is, however, expressly provided in section 9 that in the case of special speed limits of 120 km/h and of 30 km/h these particular special speed limits can be applied only in accordance with guidelines issued by the Minister. I issued guidelines in this regard in April 2005.
It is open to any person to submit a proposal to the city or county council concerned seeking the application or review of a special speed limit at any specified location. The timing of the carrying out of a review of speed limits is, however, a matter for each individual council at local level. There is no procedure that requires a council to carry out such a review on every occasion that requests for reviews are received.
On the question of public consultation, the Road Traffic Act 2004 introduced a public consultation step that local councils must comply with when making of special speed limit by-laws. This process affords any person the opportunity to submit to the council objections in writing to the draft special speed limit by-laws. The Act provides that the council must consider such objections.