Statutory Instruments

S.I. No. 95 of 2001

Iarnród Éireann (Athlone - Portarlington) (Bunnavalley Level Crossing) Order, 2001

S.I. No. 95 OF 2001

IARNRÓD ÉIREANN( ATHLONE - PORTARLINGTON) (BUNNAVALLEY LEVEL CROSSING) ORDER, 2001

I, Mary O'Rourke, Minister for Public Enterprise, on the application of Iarnród Éireann-Irish Rail made pursuant to Section 22 of the Transport (Miscellaneous Provisions) Act, 1971 ( No. 14 of 1971 ), as applied by section 8(7) of the Transport ( Re-organisation of Córas 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 22 and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), as 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 (Athlone - Portarlington) (Bunnavalley Level Crossing) Order, 2001.

2.       This Order shall come into operation on 25 March 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 adjoining portion of the said public road;

“level crossing” means that place where the Company's railway between Athlone and Portarlington crosses on the level a public road running between Bunnavalley and the Derries in the Townland of Bunnavalley, Parish of Saint Marys and County of Westmeath;

“Minister” means Minister for Public Enterprise;

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

4.       Any obligation of the Company to provide or maintain gates at the level crossing shall cease to 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, and each barrier 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 near the centre of the carriageway and the other 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;

d) be pivoted at the side of the public road and be of such length that, when lowered, 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 thereof shall be within 600 millimeters of a vertical line from the edge of the roadway;

b) when lowered, the underside of the barrier shall be not less than 840 millimeters and not more than 1000 millimeters above the roadway;

c) skirts shall fence in the space between the barrier and the roadway when the barrier is lowered;

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

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

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 being not less than 2440 millimeters above the road surface and the amber light being fixed on the same post or fixture below the red lights, and not 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 being not less than 2440 millimeters above the road surface and the amber light being fixed on the same post or fixture below the red lights and not less than 2140 millimeters above the road surface;

c) two amber electric lights, flashing alternately, 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 crossing facing outwards from the level crossing along the public road. The amber lights being not less than 2440 millimetres above the road surface;

d) two amber electric lights, flashing alternately, on a post in advance of the red electric lights on the left hand side of the public road on the South side of the crossing facing outwards from the level crossing along the public road. The amber lights being not less than 2440 millimeters above the road surface;

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

f) an alternative power supply of sufficient capacity to operate the barriers, lights and an electric bell or other audible warning device for not less than 12 hours;

g) a telephone in a conspicuously marked housing at each 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 thereto 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 said roadway;

b) the 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;

c) the electric bell or other audible warning device 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;

d) the flashing red lights and the advance flashing amber lights shall start flashing not less than 6 seconds before the barriers begin to fall;

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

f) all the barriers shall be lowered within a period not less than 22 seconds nor more than 26 seconds and such lowering shall automatically switch on the non-flashing red lights on the barriers;

g) 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;

h) the flashing red lights and advance flashing amber 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;

i) the barriers shall remain in the lowered position until the vehicle or the last axle of the train which caused the barriers to fall has passed the level crossing and shall then commence to rise to the raised position;

j) the flashing red lights, the advance flashing amber lights and the non-flashing red lights on the barriers shall be extinguished as the barriers approach the raised position;

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

l) 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 the raised position by manual control.

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 38 tonnes in laden weight) or slow vehicles (16 kilometers per hour or less) and persons in charge of herds of animals 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 shall be maintained on the level crossing for a width of approximately 6000 millimeters and extending for approximately 2000 millimeters beyond the left and right edges of the roadway;

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

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.