Notice to landowners of their responsibilities in relation to Public Roads
OBLIGATION TO CUT/TRIM ROADSIDE HEDGES/TREES
Please ensure that your roadside hedges and trees do not put any person’s life in danger.
Landowners including householders and occupiers of land are reminded that the period for Hedge Cutting runs from 1st September 2018 to the 28th February 2019.
Section 70 of the Roads Act 1993 obliges landowners to ensure that any trees and hedges on their property:
- Do not obstruct or interfere with the safe use of the public road or footpath
- Do not obstruct or interfere with the maintenance of the public road or footpath
- Do not pose a hazard to people using the public road or footpath
Hedgerows along public road that require cutting or trimming back should be cut immediately and all cuttings removed from the roads and verges. Adequate signposting should be provided.
Roadside trees should be inspected and necessary action taken to prevent any potential hazard to the public. Such inspections should be carried out by suitably qualified personnel.
Liability for damage or injury resulting from such hazards will rest with the landowner/occupier.
Please note that where Japanese Knotweed occurs it SHOULD NOT BE CUT. No ground disturbance should take place at these sites at any time of year. Please report all locations of Japanese Knotweed on public roads to your Municipal District Office: Mullingar 044/9332000 or Athlone 0906442100
Drainage/Soiling of Public road
Under Section 76 of the Roads Act 1993 – Landowners and occupiers are obliged to take all reasonable steps to ensure:-
- 1. That water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road.
2. To prevent water, soil or other material from flowing or falling onto a public road from his land.
- Failure to comply could result in landowners/occupiers of land being prosecuted. (see penalties below)
• Under section 13 (10) (a) of the Roads Act, 1993 A person who, without lawful authority or the consent of the road authority defaces, damages or excavates a public road, places or deposits any material or thing on a public road, permits dung or urine from an animal owned by him or any material or thing which falls from a vehicle owned or used by him, to be left on a public road or does any other thing, such that the material, thing, dung or urine or the doing of such other thing is a hazard or potential hazard to persons using a public road or obstructs or interferes with the safe use of a public road or the maintenance of a public road shall be guilty of an offence.Westmeath County Council wish to advise that any person who fails to comply with any of the above sections of the Roads Act will be liable to prosecution proceedings with penalties ranging from fines of up to €5,000 and/or imprisonment of up to 6 months or both.
Westmeath County Council wishes to thank landowners for their co-operation.
Content Last Updated/Reviewed: 13/09/2018