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Condition of public Regional Road - can local authority be forced to act against their will

  • 07-07-2023 9:36pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    Hello


    I am hoping somebody out there, with superior legal knowledge, may be able to answer on this complex road matter.


    Basically there is a Regional Road, close to where I live, that has been allowed to fall into a state of grave neglect

    over the years. Specifically, I have major problems with road width, the generally accepted minimum standard,

    for a Regional Road in Ireland, would be approximately 6 metres wide. This specific 2 mile stretch of RR, is about

    3 metres wide, 3.2 - 3.4 metres (it varies a bit along the cattle track stretch). And I know because I have physically

    paced across the road, to satisfy my curiosity. Without a doubt, there are legacy matters here, I am wondering if

    the Department of Transport, made a huge mistake, when they prescribed the list of Regional Routes, back in 1993,

    did they give any thought, or undertake any kind of analysis, as to whether a stretch like this, was fit to be designated,

    in that manner at all.


    Anyway, I have seen countless dangerous situations, over the years, where HGV's are unable to safely interact,

    on this stretch of "cattle track", extremely dangerous reversing situations are commonplace, how there hasn't been

    a fatal accident back there, over the years, is beyond me. Note, that there are no warning signs, whatsoever, to

    indicate, a sudden deterioration, in road standards, at the end points of this "cattle track" - it is up to a member of

    the public to "fend for themselves", as it were. I know, multiple people, who are making long distance journeys, who

    will actually, go "out of their way", on longer and less efficient journeys, to avoid this specific stretch or RR, that is how

    bad it is.


    Anyway, to make a long discussion short, I have been engaged in complex discussions, with the local authority,

    responsible for this long neglected, stretch of "cattle track", but the general lack of interest is astounding.

    All I got back, in return, was a statement, that there were "lots of narrow Regional Roads around county X".

    There was no discussion whatsoever, of specific HGV scenarios, specific road widths, failure to warn members of

    the public or anything like that.


    What I am asking, on Boards, of somebody with better legal knowledge, than me, is as follows. Can a Local Authority,

    be compelled, against their will, by a Court, to bring a Regional Road, like this, up to a condition and design standard, that

    is appropriate, for a 21st century Regional Road? Something like an "order of mandamus" or something like that.

    Or is the Local authority free, to basically just abandon that road, in the same condition, and design standard, that it

    had 200 years ago, leaving it completely inappropriate for any use, setting aside use by HGV traffic?


    Any replies will be appreciated on this complex matter.



Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I don't think you can force them, but you can encourage them.

    It would be useful to write to the council's road department and the Department of Transport, reminding them of this.

    A one-way system or a one-way system for large vehicles only might be appropriate.



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