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TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 66

Special arrangements for public level crossings.

66.(1) In this section "traffic sign" has the meaning assigned to that
expression by [Article 2(2) of the Road Traffic (Northern Ireland) Order
1981].

(2) The Ministry may, on an application by the railway undertaking made
pursuant to this section, by order provide that while the order remains in
force

(a)section 47 of the Railway Clauses Consolidation Act 1845 (provision in
cases where roads are crossed on a level);

(b)section 6 of the Railway Clauses Act 1863 (company to erect lodge at point
of crossing);

(c)any other transferred provision incorporating requirements to the same or
similar effect as those contained in the enactments mentioned in paragraphs
(a) and (b);

(3) An order made under this section may require the railway undertaking

(a)to provide, at or near any level crossing specified in the order, and
maintain and operate, such barriers, lights and automatic and other devices as
may be specified in the order;

(b)to secure the provision, at or near any level crossing specified in the
order, and the maintenance and operation by the appropriate road authority of
such traffic signs as may be approved by the Ministry of Home Affairs;

(c)to comply with such other conditions and requirements which are necessary
or desirable for the convenience of the public and are specified in the order.

(4) Where an order under this section requires the railway undertaking to
secure the provision, maintenance and operation of any traffic sign

(a)the appropriate road authority shall carry out any work necessary for those
purposes;

(b)the railway undertaking shall pay to the appropriate road authority amounts
equal to the cost of those works;

(c)the sign shall be deemed to be provided under [Article 122 of the Road
Traffic (Northern Ireland) Order 1981].

(5) An application by the railway undertaking to the Ministry under this
section shall be accompanied by a draft, in such form as the Ministry may
direct, of the proposed order.

(6) Before making an application to the Ministry under this section the
railway undertaking shall give notice of intention to make the application,
together with a copy of the draft, to the appropriate road authority and to
the Ministry of Home Affairs.

(7) Notwithstanding anything in any other enactment (including a local or
private Act) the Minister may by order authorise a road authority, on such
conditions as may be specified in the order, to construct or reconstruct a
road crossing the railway on the level.

(8) An order made under this section shall be subject to affirmative
resolution.


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© 1967 Crown Copyright

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