s.19Enforcement of standards for private roads
19
Section 19Part 0 —

Enforcement of standards for private roads

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This section applies to all private roads constructed after the 1st July, 2004.
Where the dimensions and design of a private road do not conform to the standards prescribed by regulations made under section 20(f), the owner of the private road shall, after receiving a notice thereof in writing from the Roads Authority, forthwith at his own cost carry out roadworks on the private road to secure compliance with the regulations; and in the event of non-compliance with such a notice by the owner, the Roads Authority may cause roadworks to be carried out on the private road in such a manner as the Authority may think fit, to secure compliance with the regulations.
Where the Roads Authority causes roadworks to be carried out on a private road under subsection (2) —
the Roads Authority may, without giving notice, authorise any persons to enter upon any private road for the purpose of causing the roadworks to be carried out;
neither the Roads Authority nor any person authorised by the Authority shall be liable for any damage occasioned by the roadworks unless the same is caused by such person's wilful neglect or default; and
the cost of the roadworks shall be defrayed by the owner of the private road and shall be recoverable as a civil debt,
without prejudice to the penal and civil liabilities of the owner of the private road.
The powers conferred by subsections (2) and (3) are in addition to, and not in derogation of, the powers conferred upon the Central Planning Authority to enforce planning control under section 21 of the Development and Planning Law (2005 Revision).

Cross References