European Communities (Road Infrastructure Safety Management) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Road Infrastructure Safety Management) Regulations 2011.
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paragraphs: (1) In these Regulations—
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3)(a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(4) These Regulations shall only apply to roads in the State which are part of the trans-European road network (TERN), whether they are at the design stage, under construction or in operation.
(5) These Regulations do not apply to road tunnels covered by Directive 2004/54/EC of the European Parliament and of the Council of 29 April 20043 .
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paragraphs: (1) The Authority may give a direction in writing to a road authority in relation to any matter arising under these Regulations or the Directive and a road authority issued with such a direction shall comply with same.
(2) Before issuing a direction to a road authority under paragraph (1), the Authority shall consult with such road authority.
(3) A direction under paragraph (1) may specify the time within which such direction is to be complied with and such other matters as the Authority considers necessary.
(4) The Authority may by direction revoke or amend any direction given by it under these Regulations.
(5) The Minister may give a direction in writing to the Authority in relation to any matter arising under these Regulations or the Directive and the Authority shall comply with such direction.
(6) The Minister may by direction revoke or amend any direction given by him under these Regulations.
(7) The Authority may, at any time, issue guidelines in relation to any matter arising under these Regulations or the Directive.
(8) The Authority shall consult with the Minister, road authorities, the Road Safety Authority and An Garda SÃ­ochÃ¡na, as appropriate, prior to the issuing of any guidelines under paragraph (7), including material amendments to previous guidelines.
(9) The Authority shall publish or cause to be published, in such manner as it considers appropriate, guidelines issued under paragraph (7).
(10) The Authority may revoke or amend guidelines issued under paragraph (7).
(11) Any person or body carrying out activities covered by these Regulations or the Directive shall ensure that those activities are carried out in accordance with guidelines issued by the Authority under paragraph (7).
(12) Any direction issued by the Minister and any directions or guidelines issued by the Authority relating to matters arising under these Regulations or the Directive, which were issued by the Minister or the Authority prior to the commencement of these Regulations and remained in force immediately before such commencement, shall be deemed to be directions or guidelines under these Regulations.
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paragraphs: (1) Any person or body undertaking an infrastructure project shall ensure that a road safety impact assessment is carried out for that project, in accordance with guidelines issued by the Authority.
(2) The road safety impact assessment shall be carried out at the initial planning stage of the infrastructure project, before—
(a) in the case of an infrastructure project coming within Part IV of the Act of 1993, submitting a scheme to An Bord PleanÃ¡la, pursuant to sections 47 and 49 of the Act of 1993, as amended by sections 9 and 11 of the Act of 2007, or
(b) in any other case, submitting an application for consent for the infrastructure project under the Planning and Development Act 2000 (No. 30 of 2000) and Regulations made under Part XI of that Act.
(3) Any road safety impact assessment being carried out shall—
(a) indicate the road safety considerations which contribute to the choice of the proposed solution, and
(b) provide all relevant information necessary for a cost-benefit analysis of the different options assessed.
(4) In issuing guidelines referred to in paragraph (1), the Authority shall endeavour to meet the criteria set out in Annex 1 to the Directive.
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paragraphs: (1) Any person or body undertaking an infrastructure project shall ensure that—
(a) a road safety audit is carried out for that project, in accordance with guidelines issued by the Authority;
(b) road safety audits form an integral part of the design process of the infrastructure project at the stage of draft design, detailed design, pre-opening and early operation, and
(c) an audit report is produced setting out—
(i) safety critical design elements for each stage of the infrastructure project, and
(ii) relevant recommendations from a safety point of view.
(2) Where unsafe features are identified in the course of a road safety audit but the design has not been rectified before the end of the appropriate stage, the reasons for same shall be stated in an annex to the audit report completed by the competent entity assigned for that purpose by the Authority in the guidelines issued under paragraph (1).
(3) Road safety audits shall be carried out by road safety auditors. Where a road safety audit is carried out by a team, at least one member of that team shall be a road safety auditor.
(4) A road safety auditor appointed to carry out a road safety audit shall not, at the time of the audit, be involved in the conception or operation of the infrastructure project being audited.
(5) Teams carrying out road safety audits shall comply with guidelines or directions issued by the Authority in respect of composition, membership and experience.
(6) In issuing guidelines referred to in paragraph (1), the Authority shall endeavour to meet the criteria set out in Annex II to the Directive.
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paragraphs: A road safety auditor shall—
(a) have relevant experience or training in road design, road safety engineering and accident analysis,
(b) from 19 December 2013, be in possession of a valid certificate of competence, being one of the following—
(i) a professional certificate (Special Purpose Award) equivalent to level 8 on the national framework of qualifications,
(ii) an equivalent award validated by another member state of the European Union, or
(iii) an equivalent award validated in a state other than a member state of the European Union and recognised by the National Qualifications Authority of Ireland,
(c) take part in periodic further training courses in accordance with guidelines issued by the Authority.
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paragraphs: (1) On the basis of reviews of the road network undertaken at least every three years, the Authority shall carry out—
(a) ranking of high accident concentration sections, and
(b) network safety ranking.
(2) In carrying out the rankings referred to in paragraph (1), the Authority shall endeavour to meet the criteria set out in Annex III to the Directive.
(3) In respect of road sections showing higher priority according to the results of rankings carried out pursuant to paragraph (1), the Authority shall—
(a) appoint expert teams, comprising at least one member with relevant experience or training in road design, road safety engineering and accident analysis, to evaluate the said sections by means of site visits guided by the elements referred to in point 3 of Annex III to the Directive; and
(b) target remedial treatment at the said sections, prioritising those measures referred to in point 3(e) of Annex III to the Directive and paying attention to those presenting the highest benefit-cost ratio.
(4) The Authority shall ensure that road users are informed of the existence of high accident concentration sections by appropriate measures.
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paragraphs: (1) The Authority shall ensure that safety inspections in respect of roads in operation are undertaken in accordance with guidelines issued by the Authority for that purpose.
(2) Safety inspections carried out under paragraph (1) shall—
(a) comprise periodic inspections of the road network, and
(b) be sufficiently frequent to safeguard adequate safety levels for the road infrastructure in question.
(3) The Authority shall ensure that surveys are undertaken on the possible impact of roadworks on the safety of traffic flow.
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paragraphs: (1) Any person or body undertaking roadworks shall ensure that any temporary safety measures applying to roadworks are in accordance with guidelines issued by the Authority.
(2) Appropriate signs, warning road users of roads undergoing repairs, shall be put in place by those carrying out the said repairs. The signs shall be in accordance with directions given by the Minister under section 95 (16) of the Road Traffic Act 1961 (No. 24 of 1961).
(3) The Authority shall prepare and publish, in a manner it considers appropriate, an appropriate inspection scheme on the implementation of guidelines issued under paragraph (1).
(4) Where designated by an inspection scheme published by the Authority under paragraph (3), a person or body shall carry out inspections of roadworks in accordance with that inspection scheme and in accordance with guidelines issued by the Authority under paragraph (1).
(5) The Authority shall consult with the Minister, road authorities, the Road Safety Authority and An Garda SÃ­ochÃ¡na, as appropriate, prior to the publication of an inspection scheme under paragraph (3), including material amendments to previous inspection schemes.
(6) The Authority may revoke or amend an inspection scheme published under paragraph (3).
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paragraphs: (1) In respect of each fatal accident occurring on a road to which these Regulations apply, a member of An Garda SÃ­ochÃ¡na shall complete an accident report form, which shall, where possible, include each of the elements listed in Annex IV to the Directive.
(2) The Road Safety Authority shall, at least every five years, calculate the average social cost of a fatal accident and the average social cost of a severe accident occurring in the State.