Transport Act, 1950

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Obligations of Board to operate train services.

55.—(1) Except under and in accordance with an exemption order, the Board shall not:—

(a) discontinue, either temporarily or permanently, a service of trains for passengers or merchandise or either of them which was in operation immediately before the establishment date, or

(b) discontinue permanently a service of trains for passengers or merchandise or either of them which was temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S.R. & O., No. 354 of 1944).

(2) The Board may from time to time apply to the Tribunal to make, in respect of any particular railway line, an exemption order, and the application shall contain full particulars of the order which the Board wishes to obtain.

(3) Whenever the Board applies for an exemption order, the following provisions shall have effect:—

(a) the Board shall publish, in such manner and times as the Tribunal direct, a notice which shall:—

(i) set out a copy of the application,

(ii) contain an intimation that any interested party may, before a specified date (to be fixed by the Tribunal) submit to the Tribunal objections to the making of the order,

(b) any interested party who objects to the making of the order may, before the said date, send the objections in writing to the Tribunal,

(c) if no objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal shall make the order,

(d) if any objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal, after hearing the objectors and the Board, shall do one of the following things:—

(i) make the order, with or without modifications, and without any limitation as to the period of its operation,

(ii) make the order, with or without modifications, but limiting its operation to a specified period, and the order, if so made, is, in this section, referred to as a temporary order,

(iii) refuse to make the order.

(e) if the Tribunal make the order under paragraph (c) or (d) of this subsection—

(i) the Tribunal shall fix the date on which it is to come into operation,

(ii) the Board shall publish, in such manner and at such time or times as the Tribunal direct, notice of the making of the order.

(4) Whenever the Tribunal make an exemption order in relation to a railway line, then, in case the order is not a temporary order, at all times after the order comes into force or, in case the order is a temporary order, during the period specified therein, the following provisions shall apply—

(a) the order shall operate to exempt the Board from any obligation to provide a service of trains for passengers and merchandise or either of them (as may be specified in the order) on that railway line,

(b) the order shall not affect in any way any liability of the Board to maintain all bridges, level crossings, fences, drains and other works constructed and maintained for the use, accommodation or protection of the public generally or of any section of the public or of owners or occupiers of particular lands,

(c) so much of section 47 of the Railways' Clauses Consolidation Act, 1845 , as makes it obligatory to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on that railway line if and so long as all the gates on that level crossing are kept and secured in such position as to permit the free passage of road traffic across the line at that level crossing,

(d) it shall be the duty of the Board to operate, in the area previously served by that railway line, road transport services which are, having regard to the requirements from time to time of that area, adequate.

(5) Nothing in this section shall operate to prejudice or affect any power or right vested in the Minister for Posts and Telegraphs under or by virtue of the Railways (Conveyance of Mails) Act, 1838 .