Iarnród Éireann (Dublin Connolly - Maynooth) (Barberstown Level Crossing) Order, 2001

• Jurisdiction: Ireland
• Citation: IR SI 28/2001
• Year: 2001

I, Mary O'Rourke, Minister for Public Enterprise, 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 Córas Iompair Éireann) Act, 1986 (No. 31 of 1986), and after consultation with the Minister for the Environment 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) Order, 1991 ( S.I. No. 26 of 1991 ), as adapted by the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 299 of 1997 ), hereby order as follows:

1. This Order may be cited as the Iarnród Éireann (Dublin Connolly — Maynooth) (Barberstown Level Crossing) Order, 2001

2. This Order shall come into operation on 28 January 2001

3. In this Order-

“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 said public road.

“level crossing” means that place where the Company's railway between Dublin Connolly and Maynooth crosses on the level a public road which crosses the Royal Canal and lies adjacent to Barberstown House and Barberstown level crossing in the Townland of Barberstown, Parish of Clonsilla and County of Dublin.

“Minister” means Minister for Public Enterprise;

“roadway” means that portion of the said public road which is provided primarily for the use of vehicles;

4. Section 47 of the Railway Clauses Act, 1845 and any other enactment incorporating requirements to similar effect to that enactment or similar effect to Section 6 of the Railway Clauses Act, 1863 shall not apply to the level crossing.

5. The Company shall provide, maintain, control and operate two barriers (hereinafter called “the barriers”) at each side of the level crossing, and each barrier shall be capable of being automatically and manually controlled.

6. Each barrier shall -

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

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

(c) have two non-flashing red electric lights, one of which shall be placed approximately half-way along the length, and on top, of the barrier, and the other of which shall be placed within 150 millimeters 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 roadway;

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

7. Each barrier shall be so designed that

(a) when raised it shall be approximately vertical and no part thereof shall be within 600 millimeters of a vertical line from the edge of the roadway;

(b) when lowered it shall be at, or nearly at, right angles to the centre line of the roadway and the...