Statutory Instruments

S.I. No. 167 of 2001

Iarnród Éireann -- Irish Rail (Dublin Connolly - Maynooth) (Porterstown Level Crossing) Order, 2001

S.I. No. 167 OF 2001

IARNRÓD ÉIREANN - IRISH RAIL (DUBLIN CONNOLLY - MAYNOOTH) (PORTERSTOWN LEVEL CROSSING) ORDER, 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 Coras 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 ), (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 - Irish Rail (Dublin Connolly - Maynooth) (Porterstown Level Crossing) Order, 2001

2.       This Order shall come into operation on 29 April 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 public road, which abutts the level crossing;

“level crossing” means that place where the Company's railway between Dublin Connolly and Maynooth crosses on the level the roadway as defined at Porterstown level crossing in the Townland of Porterstown, Parish of Castleknock and County of Dublin.

“Minister” means the Minister for Public Enterprise;

“roadway” means that portion of the public road known as the Porterstown Road which forms part of the level crossing.

4.       Section 47 of the Railway Clauses Consolidation Act, 1845 and may 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. Each barrier shall be operated electrically and 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 road, and

(d)      be pivoted at the side of the public road and be of such length that, when lowered, shall 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 of it 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 underside of the barrier shall be not less than 840 millimeters and not more than 1000 millimeters above the centre of the roadway,

c) skirts shall fence in the space between the barrier and the roadway, and

d) it shall be capable of being controlled from a position near the level crossing by an employee of the Company.

8.       The barriers shall be controlled to the lowered position manually, by an employee of the Company. When the barriers have been lowered, the area enclosed by the barriers will be certified by an employee of the Company, to the Company, to be clear of vehicles, obstructions or members of the public before trains and other railway vehicles are allowed to proceed over the level crossing. Once an employee of the Company is satisfied that trains and other railway vehicles that have been signalled over the level crossing have passed clear of the level crossing, the barriers shall be raised either manually, by an employee of the Company or automatically by the proper operation of track circuits or treadles on the railway line.

9.       The Company shall provide and maintain -

a)   two red electric lights, flashing alternately and one amber electric light, located on a post on the left hand side of the public road at each side of the level crossing and facing outwards from the level crossing along the public road. The red lights shall not be less than 2440 millimeters above the road surface and the amber light shall be fixed on the same post or fixture below the red lights, and shall not be less than 2140 millimeters above the road surface,

b)   two red electric lights, flashing alternately and one amber electric light, located on a post on the right-hand side of the public road at each side of the level crossing and facing outwards from the level crossing along the public road. The red lights shall not be less than 2440 millimeters above the road surface and the amber light shall be fixed on the same post or fixture below the red lights and shall not be less than 2140 millimeters above the road surface,

c)   two red electric lights, flashing alternately and one amber electric light, located on a post in advance of the red electric lights on the left hand side of the public road on the north side of the level crossing and facing outwards from the level crossing along the public road. The red lights shall not be less than 2440 millimeters above the road surface and the amber light shall be fixed on the same post or fixture below the red lights, and shall not be less than 2140 millimeters above the road surface,

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

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

f)    a telephone in a conspicuously marked housing at each left hand side of the level crossing, connected to one of the Company's signal boxes controlling railway traffic at the level crossing.

10.     The Company shall arrange, manage, control and operate the barriers and all appliances relating to them or connected with the regulation of the level crossing so that -

a)   the barriers shall be kept in the raised position except when vehicles travelling along the railway have occasion to cross the roadway,

b)   the advance warning amber light shall become illuminated not less than 7 seconds before the crossing amber lights become illuminated and not less than 5 seconds before the advance flashing red lights begin to flash, shall remain illuminated until the advance flashing red lights begin to flash, and shall then be extinguished,

c)   the crossing amber lights shall become illuminated not less than 5 seconds before the flashing red lights begin to flash, shall remain illuminated until the flashing red lights begin to flash, and shall then be extinguished,

d)   the bells shall start sounding not less than 5 seconds before the flashing red lights begin to flash and shall continue to sound until the barriers are in the lowered position,

e)   the flashing red lights shall start flashing not less than 6 seconds before the left hand barriers begin to fall,

f)    the left hand barriers shall begin to fall not less than 5 seconds before the right hand barriers begin to fall,

g)   all the barriers shall be lowered within a period of not less than 22 or more than 26 seconds from the time the crossing amber lights become illuminated and such lowering shall automatically switch on the non-flashing red lights on the barriers,

h)   the lowering of the barriers shall be completed and the crossing area certified clear before the arrival at the level crossing of any vehicle travelling along the railway,

i)    the flashing red lights shall continue to flash and the non-flashing red lights on the barriers shall remain illuminated while the barriers are in the lowered position,

j)    the barriers shall remain in the lowered position until the vehicle or the last axle of the train has passed the level crossing and shall then commence to rise to the raised position,

k)   the flashing red lights and the non-flashing red lights on the barriers shall be extinguished as the barriers approach the raised position, and

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

11.     The Company shall provide and maintain-

a)   a notice at each side of the level crossing instructing drivers of large vehicles (over 16.5 metres in length or 2.9 metres in width or 32.5 tonnes in laden weight) or slow vehicles (16 kilometers per hour or less) to telephone the signalman before crossing,

b)   a notice at each side of the level crossing advising users of the public road to telephone the signalman if there appears to be undue delay in the raising of the barriers or in an emergency,

c)   a good road surface on the level crossing and extending for 1000 millimeters beyond the left and right edges of the roadway, and

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

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