Recovery of cost of installing certain traffic control devices
19A Recovery of cost of installing certain traffic control devices
If—
a person carries on a business or other activity beside or near a road; and
the
Minister is of the opinion that the installation, maintenance, alteration or operation of a traffic control device is required in view of the nature and extent of the business or activity and the volume of traffic generated by the conduct of that business or activity, the
Minister may, by notice served personally or by post, require the person by whom the business or other activity is conducted to pay to the road authority in which the care, control and management of the road is vested such amount, or periodical amounts, as may be specified in the notice towards defraying the cost of installing, maintaining, altering or operating the traffic control device.
A person of whom a requirement has been made under subsection (1) may, within 30 days after service of the notice by which the requirement was made, appeal to the Supreme Court against the requirement and the Court may, on the hearing of the appeal, vary the requirement in such manner as it considers just in view of the extent to which the business or activity conducted by the appellant renders the installation, maintenance, alteration or operation of the traffic control device to which the requirement relates necessary or expedient.
A road authority may recover any amount due to it under a requirement under this section as a debt, and must apply any amount paid to, or recovered by, it under any such requirement towards the cost of installing, maintaining, altering or operating the traffic control device to which the requirement relates.
If the amount recovered in respect of a traffic control device in accordance with a requirement under this section is not sufficient to defray the whole of the cost of installing, maintaining, altering or operating the traffic control device, the remainder of the cost must be borne in accordance with the appropriate provisions of this
Part.
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