Miscellaneous powers of Department as to structures, works etc. in or under road

Road humps and other traffic calming works

65.—(1) Subject to this Article, the Department may construct—

(a)road humps; and

(b)other traffic calming works,

on any road and remove any works so constructed by it.

(2) Where, in exercise of the power conferred by paragraph (1), the Department proposes to construct any works on a road, the Department shall publish in at least one newspaper circulating in the locality in which the road is situated, and place at appropriate points on that road, a notice—

(a)stating the nature, dimensions and location of the proposed works, and

(b)specifying the address to which and the period (not being less than 30 days from the date of publication of the notice) within which objections to the proposal may be made to the Department.

(3) The Department shall consider any objections sent to it in accordance with a notice under paragraph (2) and may, if it thinks fit, hold a public inquiry.

(4) The Department may by regulations make such provision in relation to the construction, maintenance and removal of works mentioned in paragraph (1) as appear to it to be necessary or expedient in the interests of safety and the free movement of traffic, and may in particular—

(a)provide that works shall be constructed only in roads of such descriptions and in such circumstances as may be prescribed by the regulations;

(b)impose requirements as to—

(i)the nature, dimensions, location and spacing of works;

(ii)the placing of signs of such type or character as may be so prescribed;

(iii)the carrying out and maintenance of other ancillary or consequential works.

(5) Works constructed under paragraph (1) which conform to regulations made under paragraph (4) shall not be treated as an obstruction to the road, but as part of the road, so that in particular—

(a)the Department’s obligation to maintain the road; and

(b)the obligation of any person having power to break open the road, to make good any damage or otherwise reinstate the road,

extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the works.

(6) In this Article—