European Communities (Road Infrastructure Safety Management) Regulations 2021.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Road Infrastructure Safety Management) Regulations 2021.
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paragraphs: (1) In these Regulations—
(a) non-motorised road users, including, in particular, cyclists and pedestrians,
(b) wheelchair users (whether motorised or otherwise), or
(c) users of powered two-wheelers;
(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.
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paragraphs: (1) These Regulations apply to roads in the State which are part of the trans-European road network (TERN), to motorways and to other National Primary Roads, whether they are at the design stage, under construction or in operation.
(2) These Regulations apply to the needs of all road users, including vulnerable road users, when using roads to which these Regulations apply.
(3) These Regulations do not apply to road tunnels covered by Directive2004/54/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), or making 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 carrying out activities to which these Regulations or the Directive apply 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 undertaking a substantial modification to a road to which these Regulations apply 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, 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 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) a road safety audit forms an integral part of the design process of the infrastructure project at the stages of –
(i) draft design,
(ii) detailed design,
(iii) pre- opening, and
(iv) 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 and the design has not been rectified before the end of the appropriate stage, the competent person, assigned by the Authority, shall state the reasons for this in an annex to the audit report being carried out in accordance with paragraph (1).
(3) Road safety audits shall be carried out by road safety auditors or by a team at least one member of which is 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 one of the following valid certificates of competence, —
(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
(c) take part in periodic further training courses in accordance with guide- lines issued by the Authority.
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paragraphs: (1) The Authority shall undertake a network-wide road safety assessment, based on reviews of the road network, at least once in every 5 year period, starting in 2024.
(2) The Authority shall in such an assessment—
(a) identify, analyse and classify parts of the existing road network according to occurrence of serious accidents in proportion to the traffic flow, and
(b) undertake a visual examination of the in-built safety of the network
(3) In carrying out the network wide road safety assessments referred to in paragraph (1), the Authority shall endeavour to meet the criteria set out in Annex III to the Directive.
(4) In respect of road sections showing the lowest safety levels according to the results of assessments 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 a targeted road safety inspection guided by the elements referred to in Annex IIa to the Directive, and
(b) target remedial treatment at the said sections,
(c) prepare and update at least every three years a risk-based prioritised action plan to track the implementation of identified remedial action.
(5) The Authority shall classify all sections of the network of roads to which these Regulations apply in no fewer than 3 categories according to their level of safety and shall prepare a safety rating report to be provided to the Commission every five years from the 31st October 2025.
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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 joint safety inspections involving the competent entities involved in the implementation of this Directive and Directive 2004/54/EC are undertaken on sections of the road network adjoining road tunnels.
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paragraphs: (1) Any person undertaking roadworks shall ensure that any temporary safety measures applying to the roadworks are in accordance with guidelines issued by the Authority under Regulation 3.
(2) Appropriate signs, warning road users of roads undergoing repairs, shall be put in place by those carrying out the repairs concerned, 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 the Authority under an inspection scheme referred to in paragraph (3), the person designated shall carry out inspections of road works in accordance with the scheme and any relevant guidelines issued under paragraph (1).
(5) The Authority shall consult with the Minister, road authorities, the Road Safety Authority or An Garda SÃ­ochÃ¡na, as appropriate –
(a) prior to the publication of an inspection scheme under paragraph (4), and
(b) where there are 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.
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paragraphs: The European Communities (Road Infrastructure Safety Management) Regulations 2011 ( S.I. No.472 of 2011 ) are revoked.