S.I. No. 80/1984 - Córas Iompair Éireann (Bayside-Howth) (Sutton Level Crossing) Order, 1984.


I, JIM MITCHELL, Minister for Communications, on the application of Córas Iompair Éireann, and after consultation with the Minister for the Environment, hereby, in exercise of the powers conferred on me by section 9 of the Transport Act, 1958 (No. 19 of 1958), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), order as follows:

1. This Order may be cited as the Córas Iompair Éireann (Bayside-Howth) (Sutton Level Crossing) Order, 1984.

2. This Order shall come into operation on the 1st day of April, 1984

3. In this Order—

"the Board" means Córas Iompair Éireann;

"the crossing" means that place where the Board's railway between Bayside and Howth crosses on the level a public road known as Station Road in the county borough of Dublin;

"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 road;

"the Minister" means the Minister for Communications;

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

4. The following provisions shall not apply to the crossing:—

(a) section 9 of the Railway Regulation Act, 1842, section 47 of the Railways' Clauses Consolidation Act, 1845, and section 17 of the Dublin and Drogheda Railway Act, 1850;

(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 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 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 600 millimetres 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 six 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;

(e) have attached to its entire length a skirt of stiff material which shall extend for not less than 750 millimetres from its underside when the barrier is lowered to a horizontal position and which shall be folded back against the barrier when the barrier is in the raised position.

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 500 millimetres 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 850 millimetres and not more than 1,100 millimetres 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 Board's employees.

8. The lowering of the barriers shall be supervised by proper persons employed by the Board.

9. The Board shall provide and maintain at the crossing:—

(a) two red electric lights, flashing alternately, and one amber electric light all located on a post off 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, the red lights being approximately 0.6 metres apart and not less than 2.4 metres above the road surface and having a combined flashing rate of between sixty and eighty flashes per minute and the amber light being fixed on the same post below the red lights and being not less than 2.1 metres above the road surface;

(b) two red electric lights, flashing alternately, 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, the red lights being approximately 0.6 metres apart and not less than 2.4 metres above the road surface and having a combined flashing rate of between sixty and eighty flashes per minute and the amber light being fixed on the same 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 railway;

(d) an alternative power supply of sufficient capacity to operate the barriers, 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 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 three seconds before the red lights begin to flash, shall remain illuminated for not less than three 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 but no such bell or other audible warning device shall sound at any time between the hour of 11 p.m. on any day and the hour of 7 a.m. on the following day;

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

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

(g) the operation of lowering a barrier shall occupy not less than six nor more than eight seconds and such movement shall automatically switch on the electric lights on that barrier;

(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 Board intends to pass through the crossing while the barriers are lowered, and shall then commence to rise to the raised position;

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

(k) 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 the failure of electric bulbs),

unless the barriers are maintained in the raised position by individual hand control of each barrier.

11. The Board 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.

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 23rd day of March, 1984.

JAMES R. MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

The effect of the Order is to enable Córas Iompair Éireann to substitute full skirted barriers and ancillary equipment for gates at the railway level crossing at Sutton, Dublin.