PART VRoads and Building Control

Footpaths, footways and verges

63New access over verges and footways

(1)Where, in the opinion of the roads authority, vehicles when driven to or from premises adjacent to a public road are habitually being taken across that road's verge or footway other than by way of a satisfactory vehicular crossing they may serve a notice on the owner or occupier of the premises requiring that—

(a)by such date as is specified in the notice he shall have commenced; and

(b)within such period thereafter as is, and to such detailed specifications as are, so specified he shall have completed,

the construction of such a crossing over the affected part of the verge or footway.

(2)A vehicular crossing constructed under or by virtue of this section shall on completion be part of the public road.

(3)A person upon whom a notice has been served under subsection (1) above may within 28 days of such service refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.