Iarnród Éireann (Mallow-Banteer) (Newberry East Level Crossing) Order, 1989

• Jurisdiction: Ireland
• Citation: IR SI 56/1989

I, JOHN P. WILSON, Minister for Tourism and Transport, on the application of Iarnród Éireann — Irish Rail made pursuant to section 9 of the Transport Act, 1958 (No. 19 of 1958), and section 8 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986), hereby in exercise of the powers conferred on me by section 9 of the said Transport Act, 1958 , and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), and after consultation with the Minister for the Environment, hereby order as follows: 1. This Order may be cited as the Iarnród Éireann (Mallow-Banteer) (Newberry East Level Crossing) Order, 1989. 2. This Order shall come into operation on the 2nd day of April, 1989. 3. In this Order—

"the Company" means Iarnród Éireann — Irish Rail;

"the Minister" means the Minister for Tourism and Transport;

"the crossing" means that place where the Company's railway between Mallow and Banteer crosses on the level a public road running between Mallow and Donoaghmore in the townland of Kilvealaton, parish of Kilshannig and county of Cork;

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

"left" and "right" mean, respectively, left and right looking towards the crossing from the adjoining portion of the said public road. 4. The following provisions shall cease to apply to the crossing:

(a) section 9 of the Railway Regulation Act, 1842, section 47 of the Railways Clauses Consolidation Act, 1845, and section 12 of the Killarney Junction Railway Act, 1851, and

(b) the provisions of any other enactment incorporating requirements of similar effect to those specified in paragraph (a) of this Article and which applied to the operation of the crossing before the coming into operation of this Order. 5. The Company shall provide, maintain, control and operate a half barrier (hereinafter called the "barrier") at each side of the crossing, and each barrier shall be capable of being automatically 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, and the bands shall be approximately 0.6 metres wide and shall be vertical when the barrier is lowered;

(c) have two red electric lights one of which shall be placed approximately half-way along the length of, and on top of, the barrier and the other of which shall be placed within 150 millimetres of the end of, and on top of, the barrier and each of which shall be of not less power than 6 watts and be so placed as to shine both ways along the road;

(d) be pivoted at the left side of the road and be of such length that, when lowered, the tip of the barrier shall be not more than 300 millimetres from the centre and not less than 3 metres from the right edge 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 0.6 metres 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 underside of the barrier shall be...