Roadworks Consent Applications for National Roads – Telecommunications
Communications Regulation Act 2002, as amended
Applications by Network Operators to Carry Out Roadworks on National Roads
Consents for Roadworks on National Roads
Section 53(1) of the Communications Regulation Act, 2002, as amended, provides that no roadworks on national roads may be undertaken by network operators without the prior written consent of Transport Infrastructure Ireland (TII) (formally, National Roads Authority).
National roads are prefixed with the letter ‘N’ or ‘M’. TII has no statutory functions in relation to consent applications concerning non-national roads, i.e. regional and local roads
“Roadworks” are defined in the Act as meaning
“the opening of a public road or any act or work that requires or causes the closing of a public road or part of a public road, including the opening or closing of a public road or part of a public road for the purposes of opening ducts, for the purpose of the establishment, extension, replacement, repair, removal or maintenance of works on electronic infrastructure”.
In accordance with the Act, network operators who intend to carry out roadworks on national roads for the purposes of:
- establishing underground electronic communications infrastructure and any associated physical infrastructure;
- extending the underground electronic communications network to parts of the road under which electronic communications infrastructure has not previously been placed by that network operator;
- carrying out roadworks on underground electronic communications infrastructure, being maintenance, repair, replacement or the addition or removal of underground electronic communications infrastructure
must first submit applications to TII and obtain consents for the roadworks concerned. Before deciding whether or not to grant a consent, TII is required under the 2002 Act to consult with the relevant road authority/ authorities in whose area(s) the proposed roadworks are to be carried out and to allow a period of up to 21 days for this purpose.
A network operator or a person engaged by the network operator who contravenes the provisions of section 53(1) of the Act is liable, on summary conviction, to fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €1,000,000.
In the event that proposed roadworks relate to sections of a national road and a non-national road, the application to TII should only relate to the national road element. A separate application should be made to the relevant road authority for the section of non-national road concerned.
Electronic communications network operators intending to apply to TII for a consent to carry out roadworks on a national road should ensure that they have read and are familiar with TII’s scheme setting out policy regarding the use of underground national road capacity by network operators, as set out in our publication “Guide to the use of Underground Road Capacity on National Roads for Electronic Communications Infrastructure”.
TII Charges for the Roadworks on National Roads
A schedule of the charges that may be applied by TII is available here.
Making a Consent Application
Applications for consents to carry out telecommunications roadworks on national roads must be made through the MapRoad Roadworks Licensing (MRL) system, which is the national system for managing roadworks applications. Comprehensive information on using the system and the processes involved are provided in the Help/FAQs section of the site.
For further information in relation to TII’s roles and responsibilities under the Act, please contact us by email at email@example.com or by post at the following address:
Transport Infrastructure Ireland
Parkgate Business Centre
Tel: (01) 646 3600
Fax: (01) 646 3601