This article is from page 18 of the 2013-04-16 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
CLARE County Council says a contractor appointed to oversee the maintenance and operation of the M18 motorway will be responsible for dealing with illegal encampments along the route.
The Council has been urged to liaise with the National Roads Authority (NRA) to tackle the issue to “avoid a lacuna in the legislation whereby neither the local authority or the NRA may not be in a position to take offenders to court”.
The view was expressed by Cllr Joe Arkins (FG) in a motion submitted to the council’s April meeting.
Cllr Arkins stated that motorway exists where the acquisition of land exceeded the amount required, “has left opportunities for illegal parking”.
In a reply to Cllr Arkins’ motion, Anne Haugh, Director of Services, states;
“The NRA is taking over responsibility for maintenance and operation of the motorway network within the next two months.
“This means the N18/ M18 from Gort to the junction at the Radisson Hotel near Limerick and the N19 from Junction 9 on the M18 to the entrance to the airport and incorporates everything between the boundary fences.
“The NRA has confirmed that dealing with unauthorised parking within the motorway curtilage is among the responsibilities of the contractor to be appointed by them to implement their new role.”
Ms Haugh continues, “The 1993 Roads Act provides for a robust defence of the National Road Network against unauthorised parking or encampments in this regard the Section 69 of the act makes it an offence to place or retain a temporary dwelling on a national road, motorway, busway, protected road or any other prescribed road or prescribed class, sub class or type of road.
“An authorised person may remove the temporary dwelling from any of the road classes referred to in the previous sentence – bearing in mind that the definition of a “road” elsewhere in the same act effectively comprises everything between the boundary fences – note also that slip roads roundabouts etc associated with motorway junctions are deemed to be part of the existing motorway.
“An authorised person is defined as a person authorised in writing by Roads Authority for the purpose of Section 69 or alternatively a member of An Garda Síochana.”
Ms Haugh concludes with confirmation that, “Both the NRA and Galway County Council are being asked again to give priority to land related issues associated with the Gort / Crusheen motorway with a view to offloading whatever may be deemed to be surplus to requirements for the future.
“Both authorities are being made aware of councillor’s concerns in this regard in context of the foregoing.”