Statutory Instrument 1993 No. 3160 (N.I. 15)

      The Roads (Northern Ireland) Order 1993

      © Crown Copyright 1993

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STATUTORY INSTRUMENTS

1993 No. 3160 (N.I. 15)

NORTHERN IRELAND

The Roads (Northern Ireland) Order 1993

Made 16th December 1993
Coming into operation 17th February 1994


ARRANGEMENT OF ORDER

PART I
INTRODUCTORY
1.  Title and commencement.
2.  Interpretation.
PART II
CONSTRUCTION, MAINTENANCE AND CLASSIFICATION OF ROADS
Construction of roads
3.  Construction of new roads.
4.  Construction of bridges and tunnels in relation to navigable waters.
5.  Diversion of navigable watercourses.
6.  Extinguishment of certain public rights over navigable waters and foreshore.
7.  Power to conduct experiments.
Maintenance of roads
8.  Duty to maintain roads.
9.  Treatment of roads affected by snow and ice.
10.  Duty to remove snow, soil, etc. which has fallen on a road.
11.  Extraordinary traffic.
12.  Road bridges over railways.
Classification of roads
13.  Classification of roads.
14.  Trunk roads.
PART III
SPECIAL ROADS
Designation of special roads and classification of traffic
15.  Designation of special roads.
16.  Classification of traffic for purposes of special roads.
Restrictions applying to special roads
17.  Restriction on laying of mains, etc. in special roads.
18.  Restriction of access, etc. in connection with special roads.
19.  Compensation where rights of access stopped-up or restricted under Article 18.
20.  Restrictions on use of special roads.
21.  Prohibition and control of advertising, etc. on or near special roads.
Service areas for special roads
22.  Provision of service areas for users of special roads.
Concession agreements relating to special roads
23.  Concession agreements.
24.  Exercise of road functions by concessionaire.
25.  Provisions as to traffic regulation.
26.  Leasing of land to concessionaire.
27.  Transfer or termination of concession.
Toll orders
28.  Toll orders.
29.  The toll period.
30.  Amount of tolls chargeable by concessionaire.
31.  Amount of tolls chargeable by Department.
32.  Application of statutory provisions relating to monopolies, etc.
33.  Variation or revocation of toll order.
34.  Extension toll orders.
Further provisions with respect to tolls
35.  Further provisions as to charging of tolls.
36.  Collection of tolls.
37.  Refusal or failure to pay tolls.
38.  Facilities for collection of tolls.
39.  Restriction of access to toll roads.
40.  Annual report.
Supplementary
41.  Powers under this Part to be cumulative.
42.  Interpretation of Part III.
PART IV
IMPROVEMENT AND SAFETY OF ROADS
Improvement of roads
43.  General power of improvement.
44.  Street lighting.
45.  Drainage of roads.
46.  Obstruction of, interference with, or discharge of material into, a road drain, etc.
47.  Filling in of roadside ditches.
Safety of roads
48.  Removal of fallen structures, trees, etc.
49.  Prevention of obstruction to view, etc.
50.  Removal of potentially dangerous trees and hedges.
51.  Dangerous land adjoining roads.
52.  Prevention of solid matter being washed on to roads.
53.  Prevention of water falling or flowing on to roads.
54.  Removal of barbed wire.
55.  Removal of projections from buildings.
56.  Doors, etc. opening onto road.
57.  Retaining walls.
58.  Notices under Articles 50 to 57 and appeals.
59.  Removal of nuisances.
60.  Damage caused to road by excavations, etc. on adjoining land.
Miscellaneous powers of Department as to structures, works, etc. in or under road
61.  Placing of structures in a road.
62.  Trading kiosks.
63.  Cattle-grids.
64.  Shelters, rails, barriers, etc.
65.  Road humps and other traffic calming works.
Power of district council to erect shelters and toilets on or under road
66.  Erection of shelters and toilets by district council.
PART V
ENVIRONMENTAL ASSESSMENT
67.  Environmental assessment of certain road projects.
PART VI
ABANDONMENT AND STOPPING-UP OF ROADS AND PRIVATE ACCESSES
68.  Abandonment and stopping-up of roads.
69.  Stopping-up of private accesses.
PART VII
LAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS
Structures, works, etc. on, in, under, over or near a road
70.  General duty to consult Department concerning exercise of statutory power to erect structure on, in or under road.
71.  Erection of a structure on road.
72.  Erection of scaffolding, hoardings, etc. on a road.
73.  Placing of rails, beams, cables, arches, etc. over a road.
74.  Festive lighting on roads.
75.  Restriction on construction of buildings over road.
76.  Restriction on construction of bridges over road.
77.  Restriction on construction of cellars, etc. under road.
78.  Excavations in a road.
79.  Placing of apparatus in or under a road.
80.  Construction of permitted means of access to a road.
81.  Provision of milk tanker facility on or near road.
82.  Excavations near a road.
83.  Alteration of wall, fence or drain at side of road.
84.  Provisions supplementary to preceding provisions of this Part.
Other interference with roads
85.  Causing damage to roads.
86.  Vehicle-crossings over footways and verges.
87.  Advertisements, pictures, signs, etc.
88.  Obstruction of roads.
89.  Lighting fires or discharging fireworks near a road.
90.  Pitching stalls or offering things for sale on a road.
91.  Encamping on a road.
92.  Playing games on a road.
93.  Animals on a road.
94.  Depositing of things on roads.
95.  Matter spilling or flowing onto roads from vehicles or adjoining land.
96.  Control of builders' skips.
97.  Removal of builders' skips.
PART VIII
ROAD FERRIES
98.  Interpretation of this Part.
99.  Provision of road ferry services by, or on behalf of, the Department.
100.  Road ferry services provided otherwise than by, or on behalf of, the Department.
101.  Charges for road ferry services.
102.  Byelaws in connection with road ferry services.
103.  Duty to provide timetable for, and notify disruption of, road ferry service.
104.  Use of road ferry undertaking for other purposes.
105.  Power of Department to carry out works.
106.  Application of 1847 Act to certain ferry landing places.
107.  Functions of Department in relation to certain ferry landing places and surrounding limits.
108.  Power to dredge.
109.  Repeal of local enactment and transitional provisions.
PART IX
POWERS OF DEPARTMENT IN RELATION TO LAND
Acquisition of land
110.  Acquisition of land for purposes of functions under this Order.
111.  Acquisition of land for resettlement of undertakings.
112.  Acquisition of land for mitigation of adverse effect of road construction or improvement.
113.  Vesting orders.
114.  Appropriation or disposal of land acquired under this Part.
Development of land
115.  Development of land for resettlement of undertakings.
116.  Execution of works in connection with roads.
117.  Agreements as to use of land near roads.
Miscellaneous powers
118.  Power to obtain information as to ownership of land.
119.  Power to enter on land.
120.  Power to enter land for construction of temporary works.
PART X
MISCELLANEOUS AND SUPPLEMENTARY
Financial provisions
121.  Expenses of Department.
122.  Execution of works by Department at expense of another.
123.  Recovery of certain expenses by Department.
124.  Repayment of charges, rates and tolls.
125.  Power to pay expenses of persons moving temporarily during works for construction or improvement of road.
126.  Loans to certain undertakings affected by acquisition of land.
Miscellaneous
127.  Duty to have regard to needs of disabled and blind in executing works, etc.
128.  Consultation with district councils.
129.  Obligation to give information as to identity.
130.  Inquiries.
131.  Arbitration.
132.  Prospective exercise of road traffic regulation powers.
Supplementary
133.  Orders and regulations.
134.  Saving provisions, consequential amendments, repeals and revocations.

SCHEDULES:

  Schedule 1  — Classes of traffic for purposes of special roads.

  Schedule 2  — Supplementary provisions as to termination of concession.

  Schedule 3  — Procedure in connection with toll orders.

  Schedule 4  — Prevention of obstruction to view, etc.

  Schedule 5  — Procedure for making orders under Article 69(1).

  Schedule 6  — Tidal works.

  Schedule 7  — Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 1972 for the purposes of Article 113(2).

  Schedule 8  — Procedure for making orders under Articles 4(1), 5(1), 6, 14(1), 15(1), 18(1) and 68(1).

  Schedule 9  — Saving provisions.

  Schedule 10  — Amendments.

  Schedule 11  — Repeals.

 

Explanatory Note


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