S.I. No. 47/1968 - Córas Iompair Éireann (Bennettsbridge-Kilkenny) (Ballyredding Level Crossing) Order, 1968.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, on the application of Córas Iompair Éireann and in exercise of the powers conferred on me by section 9 of the Transport Act, 1958 (No. 19 of 1958), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and after consultation with the Minister for Local Government, hereby order as follows:—

1. This Order may be cited as the Córas Iompair Éireann (Bennettsbridge-Kilkenny) (Ballyredding Level Crossing) Order, 1968.

2. This Order shall come into operation on the 28th day of February, 1968.

3. In this Order—

"the Board" means Córas Iompair Éireann;

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

"the crossing" means that place in the townlands of Ballyredding North and Bennettsbridge, parish of Treadingstown and County of Kilkenny where the Board's railway crosses on the level a public road running between the village of Bennettsbridge and the town of Kilkenny;

"roadway" means that portion of the said 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 road.

4. The following provisions shall cease to apply to the crossing—

(a) section 9 of the Railway Regulation Act, 1842 and section 47 of the Railways Clauses Consolidation Act, 1845;

(b) any order, rule or regulation relating to railways and which applied to the operation of the crossing before the coming into operation of this Order.

5. The Board 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 and have a fracture segment incorporated near the pivoting point;

(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 two feet wide;

(c) have two steady red electric lights one of which shall be placed approximately half-way along the length of the barrier and the other of which shall be placed within six inches of the end of, and on top of, the barrier and each of which shall be of not less power than six 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 one foot from the centre and not less than ten feet from the right edge of the roadway.

7. Each barrier shall be so designed—

(a) that, when raised, it shall be approximately vertical and no part thereof shall be within eighteen inches of the roadway;

(b) that, 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 not less than two feet nine inches and not more than three feet three inches above the roadway;

(c) that it shall be capable of being controlled from a position near the crossing by the Board's servants.

8. The barriers shall be operated electrically and shall, at the option of the Board, be either controlled automatically by track circuits or treadles on the railway line on each approach to the crossing or manually controlled by proper persons employed by the Board.

9. The Board shall provide and maintain—

(a) two red lights, inscribed with the word "stop", flashing alternately and located on or adjacent to each barrier pivot post and shining outwards from the crossing along the road, such lights to be two feet apart and not less than eight feet above the road surface and to have a combined flashing rate of between fifty and seventy flashes per minute;

(b) two red lights, inscribed with the word "stop", flashing alternately and located on the right-hand side of the road at each side of the crossing and shining outwards from the crossing along the road, such lights to be two feet apart and not less than eight feet above the road surface and to have a combined flashing rate of between fifty and seventy flashes per minute;

(c) a single tone bell at each side of the crossing;

(d) an alternative power supply of sufficient capacity to operate the barriers, flashing lights, barrier lights and bells for not less than twelve hours.

10. The Board shall arrange, manage, control and operate the barriers and all appliances relating thereto or connected with the regulation of the crossing so that—

(a) the barriers shall be kept in their raised position except when vehicles passing along the railway have occasion to cross the said road;

(b) the flashing lights shall start flashing and the bells shall start sounding not less than six nor more than eight seconds before the barriers begin to fall;

(c) the movement of lowering the barriers shall occupy not less than six nor more than eight seconds and such movement shall automatically switch on the electric lights on the barriers;

(d) the movement of lowering the barriers shall be completed not less than eight seconds before the arrival at the crossing of any vehicle passing along the railway;

(e) the flashing lights shall continue to flash and the barrier lights shall remain illuminated and the bells shall continue to sound while the barriers are in the lowered position;

(f) the barriers shall remain lowered until the completion of the passage through the crossing of the vehicle or vehicles for which the barriers were made to fall, and shall then commence to rise to their raised position;

(g) the flashing lights shall cease flashing and the bells shall cease sounding as soon as the barriers commence to rise and the lights on the barriers shall be extinguished as the barriers approach their raised position;

(h) the alternative power supply referred to in paragraph (d) of Article 9 of this Order shall come into operation automatically if the main power supply should fail;

(i) the barriers shall fall to, and remain in, the lowered position—

(I) if all power supplies should fail;

(II) if there should be any defect in any of the appliances relating thereto (other than failure of electric bulbs) unless the barriers are maintained in their raised position by manual control.

11. The Board shall provide and maintain—

(a) a telephone at each side of the crossing, which shall be connected to one of the Board's signal boxes, and notices at each side of the crossing instructing road-users to telephone the signalman before crossing with exceptional or heavy loads or cattle or if there is undue delay or if any appliance does not appear to be functioning properly;

(b) warning notices on the railway line at each approach to the crossing instructing drivers of vehicles passing along the railway which are equipped with whistles or horns to cause such whistles or horns to be sounded continuously when approaching the crossing;

(c) a good road surface on the crossing and extending for three feet beyond the left and right edges of the roadway, such edges to be marked by broken yellow lines;

(d) cattle grids abutting the left and right edges of such road surface.

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

GIVEN under my Official Seal this 27th day of February, 1968.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The effect of this Order is to enable Córas Iompair Éireann to substitute automatically controlled half-barriers and ancillary equipment for manually operated gates at Ballyredding Level Crossing, Co. Kilkenny.