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

JurisdictionIreland
CitationIR SI 49/2005
Year2005

Statutory Instrument

S.I. No. 49 of 2005

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


To be made by the

Minister for Transport

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...

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