Tipperary council receives legal advice on its power to modify new default speed limits

Tipperary County Council has the power to introduce bye-laws modifying the new slower default speed limits on some roads in the county but it must provide a “technical justification” to do so in each case or face the possibility of a legal challenge.

That’s according to legal advice the Council has received in advance of the introduction of the first of the new default speed limits – a reduction from 80kmph to 60kmph on local rural roads – that comes into effect this Friday, February 7.

Tipperary County Council CEO Sinead Carr sought that legal advice specifically in relation to a motion passed by the authority’s elected members at their monthly meeting last October.

The motion, tabled by Clonmel Independent Cllr Niall Dennehy, resolved that the Council’s councillors “apply common sense” via bye-laws or other to the Road Traffic Act 2024 changes to default speed limits.

It also resolved that “any new default speed limit not be universal across the county but apply only in areas deemed necessary by this Council”.

Acting Director of Roads John Nolan informed the Council’s January meeting their legal advice was that in the legal pyramid the national law of the 2024 Road Traffic Act supersedes local authority bye-laws. He said after the national law comes into effect, the local authority has the opportunity to modify that national law by making bye-laws.

But he stressed the Council has been advised to be careful in doing that. There should be technical reasons to justify any modifications.

Indeed, the Council’s solicitor explained in a letter setting out the legal advice that a bye-law’s function was not to “circumvent” the higher law.

“While bye-laws do allow for local adjustment to speed limits under criteria detailed by relevant authorities, these changes if considered as a wholesale “set-aside” of the principle of the legislation would open the bye-laws to legal challenge.

The solicitor added: “The application of bye-laws on a ‘common sense’ or as ‘deemed necessary’ fashion without relevant justification would also open the bye-law up for challenge”.

Cllr Dennehy responded that a judge in Kildare recently stated the setting of speed limits was a matter for councils. He pointed to the 20th amendment of the Constitution that gave constitutional recognition to local authorities and argued that national legislation has since its passing sought to subvert the reserved function of councils to make bye-laws.

He contended that people finding themselves before the courts for speeding due to the new default speed limits could have an argument in court that it’s a matter for local authorities to decide the speed limit.

Mr Nolan said the Council will be making speed limit bye-laws but in the meantime the new default limit for rural roads was coming into the effect on February 7 .

He explained the next stage for the Council is to carry out a review of speed limits and modify default speed limits in certain locations by passing bye-laws based on technical justifications.

He said the bye-laws would be made in a very ordered manner and councillors will have a huge part to play in the examination of those bye-law modifications.

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