Responsibility

Article 139. Responsibility.
1. The road owner is responsible for its maintenance in the best possible conditions for traffic safety and the installation and conservation on it of adequate road signals. The road owner also needs prior authorization to install on it other traffic signals. In an emergency, the agents of the authority may install temporary signals without prior authorization (LST Art 57,1).
2. The authority in charge of traffic regulation will be responsible for temporary signaling in regard to contingencies and for the necessary variable signaling in its control, in agreement with the legislation of highways (LST Art 57,2).
Therefore, the relevant Jefatura Central de Tráfico, the autonomous authority or local person in charge of traffic regulation will determine the types or stretches of road that require temporary or variable signaling or other means of traffic monitoring, regulation, control and remote management; the characteristics of the physical and technological elements that they have as auxiliary purposes of the traffic authority; the installation and maintenance of signaling and their physical or technological elements, as well as the control at all times of the uses and messages of variable message panels, without prejudice to the competencies that may belong to the road’s owner.
3. Responsibility for signaling of works done on roads subject to the LST will correspond to the organisations that carry them out or their subcontractors. Road users are required to follow the indications of the personnel designated to the regulation of vehicles in these works, according to the arrangements in Article 60.5.
When works are done by subcontractors or organizations different from the owner, they will, prior to commencing work communicate to the relevant Jefatura Central de Tráfico, the autonomous authority or local person in charge of traffic, who will specify the instructions in relation to traffic regulation, management and control.
4. The carrying out of works without prior authorization of the road owner will be governed by the arrangements in the legislation of highways or, as applicable, the municipal rules (LST Art 10,1).
The carrying out and signaling of works that do not meet the specified instructions is considered a serious offence (LST Art 65.4.f).