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Kilrush Town Council Section 15 Manual

Transportation And Infrastructure - Roads Section

General Description Of Functions

The overall objective of Roads policy is to develop a public road network adequate to cater for the ever increasing volume of modern traffic and to provide the necessary infrastructure to support economic and social development, with due regard for the safety and amenity of all road users.

Road Services

The following range of road services are provided by Kilrush Town Council:

  • Improvement and maintenance of public roads.
  • Control of public road network.
  • Traffic management.
  • Road safety education and publicity.

Improvement And Maintenance Of Public Roads

"Public Road" means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority.

Roads are classified as follows:

National Primary roads are major long distance through routes linking the principal ports and airports, cities and large towns.

National Secondary roads are medium distance through routs connecting important towns and linking to the national primary routes.

Regional roads are the main feeder routes into, and provide the main links between national roads.

Local roads include all rural and urban roads other than national or regional roads.

Kilrush Town Council is the Roads Authority for the construction and maintenance of all local roads in its administrative area.

Clare County Council is the Roads Authority for the national primary, national secondary and regional road network in the County. It is also the road authority for the local road network excluding the urban area of Kilrush for which Kilrush Town Council is the road authority. The National Roads Authority has overall responsibility for planning and supervising the construction, improvement and maintenance of the network of national roads.

The extent of maintenance and improvement works of non-national roads depends largely on the annual Department of the Environment, Heritage and Local Government grant allocation. In addition to this source of finance, the Council commits significant resources to maintenance and improvement works. An annual roadworks programme is presented to elected members for adoption, usually around April each year. This sets out the priorities on which that year's budget will be spent.

Public Lighting

As a Roads Authority, Kilrush Town Council is responsible for the provision and maintenance of public lighting. Th E.S.B. generally arranges the supply, installation and maintenance of public lighting on behalf of the Council.

Control Of Public Road Network Road Opening Licence

A person who wishes to open a public road or footpath within the urban area of Kilrush for any purpose must obtain a road opening licence from Kilrush Town Council.

Licence for advertising signs

Under planning legislation a licence may be granted to any person to erect, construct, place and maintain an advertising sign on a public road.

Temporary Closing of Roads

A Road Authority has power to temporarily close public roads for road races or other events, to permit the carrying out of works, or for any other purpose. The Regulations relating to the temporary closing of roads require the publication of tow notices; -

  1. A notice of intention to temporarily close the road, and
  2. A notice of the decision to temporarily close the road.

The notice of intention must allow for submissions to made in writing to the Road Authority within a specified period. The Road Authority must consider any submissions received.

The Road Authority may, without advance notice, temporarily close a public road as a matter or urgency in the interests of public safety.

Abandonment of public roads

A Road Authority may abandon a public road following a period of public notice to allow for the submission of written objections or representations. Once a road has been abandoned the Road Authority is no longer responsible for its maintenance but the abandonment does not affect the public right of way over the road which continues to exist.

Damage to public roads

Local authorities issue Licences to open up/dig up a public road. It is an offence to deface, damage or dig up a public road without such a licence and persons may be liable to a fine and/or imprisonment.

Unauthorised signs, caravans, vehicles, etc. on public roads

These are prohibited on public roads and local authorities have various powers of enforcement available.

Extinguishment of Public Right of Way

The procedure for the extinguishment of public rights of way is similar to that for the abandonment of public roads. Ministerial approval is required in regard to national or regional roads which the National Roads Authority must be consulted where national roads are involved. Otherwise, extinguishing a right of way is reserved to the elected members.

Obligations to keep drains clear

Landowners/occupiers are obliged to ensure that water can drain off a public road on to their land and that water, soil, etc. does not escape from their land onto the road. Roads Authorities may serve a notice on such persons specifying certain works to be completed and failure to comply can result in a fine and/or imprisonment. Appeals may be made to the District Court.

Works near the roadside

Landowners/occupiers require written consent from the Local Authority to carry out works on a drain which is within a specified distance from a public road. Failure to comply with this requirement may result in a fine and/or imprisonment.

Traffic Management

Traffic management can be defined as getting maximum use out of existing street networks without recourse to large scale improvement works. Under the Road Traffic Acts, 1961 to 1994 local authorities have substantial powers in relation to traffic management which include: -

  • The provision of traffic signs,
  • Parking control,
  • The levying and collection of parking fines and fines for non-display of tax/parking discs.
  • The provision of traffic calming measures for the safety and convenience of road users.

Kilrush Town Council employs a Traffic Warden in order to ensure the free flow of traffic throughout the town. The Traffic Warden is empowered to issue on-the-spot fines for various offences including parking violations and non-display of a current road tax disc.

Road Safety, Education And Publicity

The road safety role of local authorities is a wide ranging one, from road improvements to school safety and public awareness. Clare County Council has a Road Safety Officer and A Road Safety Working Group for the whole county. The working group was established under the "Road Safety Together" programme launched by the Minister for the Environment in 1996. It involves an expanded role for local authorities in promoting road safety by developing more initiatives at local level. The working group co-ordinates the activities of agencies and bodies involved in safety, i.e. engineers, gardai, teachers, etc.

Kilrush Town Council Employs 2 School Wardens at The Following Locations: St Senan's National School and the Gaelscoil.

Classes Of Records Held

  • Applications for road opening licences.
  • Applications for temporary closing of roads.
  • Plans, tenders, costings, etc. relating to provision and maintenance of roads and footpaths.
  • Technical reports.
  • Financial records.
  • Statistical information.
  • Reports to Council meetings.
  • Legal records.
  • Correspondence with the Department of the Environment, Heritage and Local Government.
  • Internal reports.
  • Miscellaneous records/correspondence.