Statutory Instrument

S.I. No. 49 of 2005

Iarnród Éireann - Irish Rail (Mallow - Tralee) (Banteer Level Crossing) Order 2005

I, ________________, Minister for Transport, on the application of Iarnród Éireann - Irish Rail made pursuant to section 9 of the Transport Act 1958 (No. 19 of 1958), as applied by section 8(7) of the Transport (Re-organisation of Coras Iompair Éireann) Act 1986 (No. 31 of 1986) and after consultation with the Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by the said section 9 and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 ( S.I. No. 92 of 1987 ) (adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), hereby order as follows:

1.        This Order may be cited as the Iarnród Éireann - Irish Rail (Mallow - Tralee) (Banteer Level Crossing) Order 2005.

2.        This Order comes into operation on 20 February 2005.

3.        In this Order -

“barrier” has the same meaning as it has in Article 5;

“Company” means Iarnród Éireann - Irish Rail;

“left” and “right” mean, respectively, left and right looking towards the level crossing from the adjoining portion of the public road referred to in the definition of “level crossing”;

“level crossing” means that place where the Company's railway between Mallow and Tralee crosses on the level a public road running between Banteer and Milstreet at Banteer level crossing in the Townland of Banteer, Parish of Clonmeen in the County of Cork;

“Minister” means Minister for Transport;

“roadway” means that portion of the public road running between Banteer and Milstreet at Banteer level crossing in the Townland of Banteer, Parish of Clonmeen in the County of Cork, which is provided primarily for the use of vehicles.

4.        Section 47 of the Railways’ Clauses Consolidation Act 1845, and section 6 of the Railway Clauses Act 1863, which relate to the control of level crossings, and any other enactments incorporating requirements to similar effect, shall not apply to the level crossing.

5.        The Company shall provide, maintain, control and operate 2 barriers (in this Order referred to as the “barriers”) at each side of the level crossing. Each barrier shall be capable of being automatically or manually controlled.

6.        Barriers shall -

(a)        be constructed of wood or other lightweight material,

(b)        have alternate red and white bands of reflecting material on the face of it and a red band at the tip, each band being approximately 600 millimetres in width and vertical when the barrier is lowered,

(c)        have 2 non-flashing red electric lights, one of which shall be located near the centre of the roadway when lowered and the other of which shall be placed within 150 millimetres of the tip, and on top of the barrier, and each of which shall be of not less power than 6 watts and so placed as to show both ways along the road, and

(d)        be pivoted at the side of the public road and be of such length that, when lowered, the full width of the roadway is fenced off.

7.        Each barrier shall be designed so that -

(a)        when raised, it is approximately vertical and no part of it is within 600 millimetres of an imaginary vertical line from the edge of the roadway,

(b)        when lowered, it is at, or nearly at, a right angle to the centre line of the roadway and the underside of the barrier is not less than 840 millimetres and not more than 1000 millimetres above the roadway,

(c)        the space between the barrier and the roadway, when the barrier is lowered, is fenced in by skirts, and

(d)        it is capable of being controlled from a position near the level crossing by an employee of the Company.

8.        The barriers shall be operated electrically and controlled, at the option of the Company, either automatically, by track circuits or treadles on the railway line on each approach to the level crossing, or manually, by an employee of the Company.

9.        The Company shall provide and maintain -

(a)        2 red electric lights flashing alternately, and one amber electric light, located on a post on the left hand side of the public road at each side of the level crossing and facing outwards from the level crossing along the public road, and -

(i)         the red lights shall be not less than 2440 millimeters above the road surface and

(ii)        the amber light shall be fixed on the same post or fixture below the red lights and shall be not less than 2140 millimeters above the road surface,

(b)        2 red electric lights flashing alternately, and one amber electric light, located on a post on the right hand side of the public road at each side of the level crossing and facing outwards from the level crossing along the public road, and -

(i)         the red lights shall be not less than 2440 millimeters above the road surface, and

(ii)        the amber light shall be fixed on the same post or fixture below the red lights and shall be not less than 2140 millimeters above the road surface,

(c)        2 amber electric lights, flashing alternately, on a post in advance of the red electric lights on the left hand side of the public road on the east side of the crossing facing outwards from the level crossing along the public road on the approach from Banteer, the amber lights shall be not less than 2440 millimeters above the road surface,

(d)        2 amber electric lights, flashing alternately, on a post in advance of the red electric lights on the left hand side of the public road on the west side of the crossing facing outwards from the level crossing along the public road on the approach from Milstreet, the amber lights shall be not less than 2440 millimeters above the road surface,

(e)        an electric bell or other audible warning device at each side of the level crossing,

(f)        an alternative power supply of sufficient capacity to operate the barriers, lights and an electric bell or other audible warning device, for not less than 12 hours, and

(g)        a telephone in a conspicuously marked housing at each side of the level crossing, connected to one of the Company's signal boxes controlling railway traffic at the level crossing.

10.      The Company shall arrange, manage, control and operate the barriers and all appliances relating to the barriers or connected with the regulation of the level crossing so that -

(a)        the barriers are kept in the raised position, except when vehicles travelling along the railway have occasion to cross the roadway,

(b)        the amber lights become illuminated not less than 5 seconds before the flashing red lights begin to flash, remain illuminated until the flashing red lights begin to flash, and are then extinguished,

(c)        the electric bells or other audible warning device starts sounding not less than 5 seconds before the flashing red lights begin to flash and continue to sound until the barriers are in the lowered position,

(d)        the flashing red lights and the advance flashing amber lights shall start flashing not less than 6 seconds before the barriers begin to fall,

(e)        the left hand barriers begin to fall not less than 5 seconds before the right hand barriers begin to fall,

(f)        all the barriers are lowered within a period not less than 22 seconds nor more than 26 seconds, and such lowering automatically switches on the non-flashing red lights on the barriers,

(g)        the lowering of the barriers is completed and the crossing area certified clear before the arrival at the level crossing of any vehicle traveling along the railway,

(h)        the flashing red lights and the advance flashing amber lights continue to flash and the non-flashing red lights on the barriers remain illuminated while the barriers are in the lowered position,

(i)         the barriers remain in the lowered position until the vehicle or the last axle of the train which caused the barriers to fall has passed the level crossing and then commence to rise to the raised position,

(j)        the flashing red lights and the advance flashing amber lights and the non-flashing red lights on the barriers are extinguished as the barriers approach the raised position,

(k)        the alternative power supply referred to in paragraph (f) of Article 9 of this Order comes into operation automatically if the main power supply fails, and

(l)         the barriers fall to, and remain in, the lowered position -

(i)         if all power supplies fail, or

(ii)        if there is any defect in any of the appliances relating to the barriers (other than failure of electric bulbs), unless the barriers are maintained in the raised position by manual control.

11.      The Company shall provide and maintain -

(a)        a good road surface on the level crossing and extending for approximately 1000 millimeters beyond the left and right edges of the roadway, and

(b)        guards against trespass abutting the left and right edges of such road surface.

12.      Nothing in this Order shall operate to relieve the Company of its obligation to give to the Minister the notices in writing in relation to the level crossing provided for in section 4 of the Railway Regulation Act 1842, as amended