Beware lurking politicians

Motorists have been warned to avoid being distracted by images of politicians smiling hopefully across fences at traffic on the State's new motorway network, as general election candidates exploit a loophole in the planning process.

With no date for the general election as yet announced, there is evidence that deals have already been done between landowners and political parties to ensure that fast moving motorists do not forget the name or the image of the local candidate.

The National Roads Authority has issued an appeal to politicians of all parties to practise restraint and particularly warned that electronic variable message signals, which it considers a hazard, can be removed.

During the last European Elections in April 2004 the authority took issue with variable electronic signs erected by the Fine Gael Ireland East candidate Avril Doyle. The authority said the signs which were similar to those used by the authority itself to convey road safety information, had "crossed the line on what is acceptable".

Already a large sign exhorting the people of Dublin north to vote for Fine Gael candidate Dr James Reilly has appeared in a field beside the northbound carriageway of the M1, about one mile south of Balbriggan. Similar signs for candidates of all parties are starting to appear across the Republic and many more are expected before the election which must be held by this May.

Dr Reilly told The Irish Timeshe was a first-time candidate and he considered the use of his sign to be an appropriate and efficient way of getting his name known with local voters. He said the sign was based on the back of a lorry and was moved regularly around the field, thereby defying the definition of a "structure", and so not requiring planning permission.

Under the Planning Acts advertisements relating to an election of members of Dáil Éireann are exempted development - provided that the structure is not left in place for more than seven days after the date of the election to which the advertisements relate.

But Fingal County Council said that "as no election date has been set it is not considered that this advertisement is exempted development under these regulations". The council added the ownership of the site was being investigated and the "appropriate enforcement action will be taken to have the sign removed".

With both sides adamant on the correctness of their position, this may be an argument which might not be solved before the general election in any event.

Equally the situation with regard to signs which are actually placed on the road as opposed to in adjacent fields, is complex. Section 71 (10) of the Roads Act, 1993 exempts signs relating to specified elections from the requirement of consent from the relevant road authority. However, Section 70 of the same Act, offers no exemption for signs or structures where there is a hazard or potential hazard to persons using a public road.

While both cases mentioned here relate to Fine Gael candidates the National Roads authority is concerned not to be partisan and said its warnings on election material applied to all parties equally.

It points out that Section 70 of the 1993 Act also confers on it the right to remove or modify such signs, while Section 95 of the Road Traffic Act, 1961, says a person shall not provide a sign visible from a public road that is capable of being confused with a traffic sign. A spokesman said the authority was hoping confrontation with politicians could be avoided through responsible behaviour by all. He said the authority was particularly concerned that left unchecked the proliferation of signs could increase, even becoming illuminated at night, a feature which he said many motorists might find distracting.

The AA spokesman Conor Faughnan said it was concerned about the proliferation of advertising signage. But he said he was more alarmed by the proliferation of election posters on lampposts in urban areas which may obscure drivers' views of directional signs and traffic lights.

A senior Department of Environment source said the rule of thumb was that "the signs should not frighten the horses - or people".