AQW 45513/11-15

Mr Peter Weir
Democratic Unionist Party
North Down

Tabled Date: 07/05/2015
Answered On Date: 20/05/2015
Priority Written: No

Question:
To ask the Minister for Regional Development to outline the responsibility that TransportNI has for clearing debris from roads, particularly close to roundabouts.

Answer:

Under Article 94(1) of the Roads (NI) Order 1993, anyone who deposits or allows anything to be deposited on a road which is likely to cause an obstruction or danger shall be guilty of an offence and held liable, on summary conviction, to a fine not exceeding £200.

Under Article 95(1) of the above Order, anyone in charge of a vehicle on a road, who permits any solid or liquid matter from the vehicle to be spilled or dropped onto the road surface in such a quantity so as to create a danger or substantial inconvenience, shall be guilty of an offence and held liable, on summary conviction, to a fine not exceeding £1,000.

The responsibility for taking any prosecution under both these Articles lies with the Police. However, I understand that deposits on the road must be such that they are deemed by the Police, to contribute a danger to persons using the road before proceedings are instituted.

While the responsibility for any prosecution for deposits on the road lies with the Police, the objective of enforcement is, however, not so much to secure convictions and to impose penalties, as to restore the condition of the road, and/or to discourage other potential offenders. Where my Department’s interests can be protected by persuasion, rather than prosecution, then so much the better.

To this end, TransportNI monitors roads on a regular basis and, when they can be clearly identified, any offenders are instructed to clean a road when local TransportNI staff become aware that it is unduly dirty. The Police are also informed, and if the offenders do not co-operate, the Police would consider taking action under the above 1993 Roads Order.

In certain circumstances, particularly in the interests of road safety, TransportNI may carry out whatever operations are necessary to restore the road condition themselves and may subsequently seek to recover costs from the offender if possible.