Highway Code

Highway Code

Highway Code

ARTICLE 47 : WORKS AND DEPOSITION OF MATERIALS ON ROADS

1. Those who carry out works and deposit materials and tools on any roads are obliged to:

a) Carry out the work and deposit the materials and tools in a way that does not obstruct traffic. If the obstruction cannot be avoided, it is mandatory to mark, in accordance with the provisions of article 9 of this Code, the areas where the work will be carried out and the materials.

b) To fence the trenches or other dangerous for the traffic of the works and mark them according to the provisions of article 9 of this Code. 2. Disposing of soil or waste materials on the street is prohibited (pavements, footings, sidewalks, footpaths, ditches, etc.). For the removal of the above materials, the provisions of the next paragraph can be applied.

3. Any cutting or excavation of the pavement, footing, footpath or sidewalk of a national, provincial, municipal or community road, which is necessary for the construction of a project, carried out by a public utility company, organization, legal entity or natural person, may only be done after by permission of the service responsible for the maintenance of the road, which is considered before the start of the work by the competent Police Authority. This permit specifies the time within which the full restoration of the wear and tear of the road surface will be carried out by the company or the person for whose account the project is being carried out. The competent road maintenance services are obliged, after the expiry of the period specified in the permit, to repair the damage caused and to charge the relevant expense to the organization, the business or the person who performs or on whose behalf the work is performed , according to the provisions for the collection of public revenues.

4. Those who work on the roads are required to wear special safety vests, reflective and fluorescent, so that they can be easily distinguished from the vehicles moving on them. The specifications of the investors are determined by a decision of the Minister of Environment, Spatial Planning and Public Works. The employers are responsible for supplying the street workers with these investments.

5. Whoever violates the provisions of paragraph 2 of this article is punished with an administrative fine of four hundred (400.00) euros, and of paragraph 4 with an administrative fine of eighty (80.00) euros. Whoever violates the other provisions of this article, as well as whoever causes damage to the road in any way, even through negligence, unless a more severe penalty is provided by another provision, shall be punished with imprisonment of up to one (1) year.

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