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.