PART IVIMPROVEMENT AND SAFETY OF ROADS

Safety of roads

Notices under Articles 50 to 57 and appeals58

1

This Article applies to notices served under any of Articles 50 to 57.

2

A notice shall—

a

describe the works to be carried out;

b

require the person upon whom it is served to carry out those works within the specified period; and

c

require that person within that period to do such other things necessary for or connected with the carrying out of those works as may be specified in the notice.

3

Any person upon whom a notice is served who is aggrieved by any of its requirements may appeal within 21 days of its service to a court of summary jurisdiction.

4

Subject to any order made on appeal, if a person upon whom a notice is served fails to comply with any of its requirements—

a

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale, and if after conviction the failure continues he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day on which the failure continues;

b

the Department may execute such works as are necessary to comply with the requirements of the notice and may recover from that person any expenses thereby reasonably incurred by it.

5

Notice of the right of appeal under paragraph (3) shall be given in the notice.

6

In this Article “specified period” means such period, being not less than 21 days from the service of the notice, as the Department specifies in the notice.