S.I. No. 141/1991 - Railway Works (Dock Road) (Transport Act, 1950 (Additional Powers) Order, 1955) (Amendment) Order, 1991.

S.I. No. 141 of 1991.

RAILWAY WORKS (DOCK ROAD) (TRANSPORT ACT, 1950 (ADDITIONAL POWERS) ORDER, 1955) (AMENDMENT) ORDER, 1991.

I, SÉAMUS BRENNAN, Minister for Tourism, Transport and Communications on the application of Iarnród Éireann — Irish Rail, and after consultation with the Minister for the Environment, hereby, in exercise of the powers conferred on me by section 8 of the Transport Act, 1963 (No. 17 of 1963), as applied by the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986 order as follows:—

1. This Order may be cited as the Railway Works (Dock Road) ( Transport Act, 1950 (Additional Powers) Order, 1955) (Amendment) Order, 1991.

2. This Order shall come into operation on the 14th day of June, 1991.

3. In this Order—

"the Company" means Iarnród Éireann — Irish Rail;

"the crossing" means that place where the Company's railway between Limerick and Limerick Cement Factory crosses on the level a public road running between Limerick and Mungret and Foynes in the townlands of Bunlicky and Skehacregguan, parish of Mungret, barony of Pubblebrien and county of Limerick;

"end", in relation to a barrier, means the end furthest from the point where the barrier pivots;

"left" and "right" mean, respectively, left and right looking towards the crossing from the adjoining portion of the said public road;

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

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

4. The provisions of Article 13 of the Transport Act, 1950 (Additional Powers) Order, 1955 " S.I. No. 214 of 1955 ", shall not apply to the crossing.

5. The Company shall provide, maintain, control and operate at the crossing four barriers, two of which shall be at each side of the railway.

6. Each barrier shall—

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

( b ) have alternate bands of red and white reflecting material on the face thereof and a red band at the end, 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 attached to a structure situated off the roadway so as to be capable of pivoting at the point of attachment from an approximately vertical to a horizontal position, be so positioned and be of such length that, when lowered to a horizontal position, the end of the barrier shall be within 150 millimetres of the end of the adjoining barrier on the same side of the railway and within 100 millimetres of an imaginary line drawn perpendicularly from the point nearest to the barrier on the centre line of the roadway.

7. Each barrier shall be so designed that—

( a ) when raised, it shall be approximately vertical and no part thereof which is less than 5 metres above ground level shall be within 0.5 metres of a vertical line from the edge of the roadway and no part thereof shall be above the roadway,

( b ) when lowered, it shall be horizontal or approximately horizontal and each point on the top of the barrier shall be not less than 0.85 metres and not more than 1.1 metres above the nearest point on an imaginary line drawn from the centre line of the roadway, parallel to the longitudinal axis of the barrier and directly underneath the barrier and each point upon the bottom of the skirt attached to the barrier shall be not more than 150 millimetres above the nearest point on the roadway.

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

8. The Company shall provide and maintain at the crossing—

( a ) two red electric lights, flashing alternatively, and one amber electric light all located on a post of the roadway on the left hand side of the roadway at each side of the railway and shining outwards from the crossing along the road, the lights at either side of the railway being visible to traffic approaching the crossing from that side, such red lights to be not less than 2.4 metres above the road surface and have a combined flashing rate of between sixty and eighty flashes per minute, and such amber light to be fixed on the post below the red lights and being not less than 2.1 metres above the road surface,

( b ) two red electric lights, flashing alternatively, and one amber electric light all located on a post off the roadway on the right hand side of the roadway at each side of the railway and shining outwards from the crossing along the road, the lights at either side of the railway being visible to traffic approaching the crossing from that side, such red lights to be not less than 2.4 metres above the road surface and have a combined flashing rate of between sixty and eighty flashes per minute, and such amber light to be fixed on the post below the red lights and being not less than 2.1 metres above the road surface,

( c ) an electric bell or other audible warning device at each side of the crossing,

( d ) an alternative power supply of sufficient capacity to operate the barriers, lights and bells for not less than 12 hours.

9. The Company 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 the raised position except when vehicles passing along the railway have occasion to cross the said road,

( b ) a rail vehicle shall not pass over the crossing until all the barriers have been lowered and until it has been ascertained that the crossing is free of obstructions,

( c ) the amber lights shall become illuminated not less than five seconds before the red lights begin to flash, shall remain illuminated for not less than five seconds and then shall be extinguished,

( d ) the bells or other audible warning devices shall start sounding at the same time as the amber lights become illuminated and shall continue to sound until the movement of lowering the barriers has been completed,

( e ) the red lights shall start flashing when the amber lights become extinguished, and not less than six seconds before the barriers begin to fall,

( f ) as respects each pair of barriers on the same side of the railway, the lowering of the barriers on the left side shall commence before the lowering of the barriers on the right side,

( g ) the operation of lowering the barriers shall occupy not less than six nor more than eight seconds and such movements shall automatically switch on the electric lights on the barriers,

( h ) the red lights shall continue to flash and the lights on the barriers shall remain illuminated while the barriers are in the lowered position,

( i ) the barriers shall remain lowered until the completion of the passage through the crossing of the rail vehicle or vehicles which the Company intends to pass through the crossing while the barriers are lowered, and shall then be raised automatically or by the crossing operator, at the option of the Company,

( j ) the red lights and the lights on the barriers shall be extinguished as the barriers approach the raised position.

10. The Company shall provide and maintain—

( a ) a good road surface on the crossing and extending for 1 metre beyond the left and right edges of the roadway,

( b ) guards against trespass abutting the left and right edges of such road surface.

11. Nothing in this Order shall operate to relieve the Company of its obligations 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.

GIVEN under my Official Seal this 6th day of June, 1991.

SÉAMUS BRENNAN,

Minister for Tourism, Transport and Communications.

EXPLANATORY NOTE

The effect of the Order is to enable Iarnród Éireann to replace the existing manually operated gates at Dock Road Level Crossing on the railway line between Limerick and Limerick Cement Factory by new full skirted barriers, warning lights and ancillary equipment.