S.I. No. 109/1984 - Coras Iompair Éireann Bye-Laws (Confirmation) Order, 1984.


I, JIM MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 22 of the Transport Act, 1950 (No. 12 of 1950) (subsection (2) of that section having been complied with), and Section 5 of the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), hereby order as follows:—

1. This Order may be cited as the Coras Iompair Éireann Bye-laws (Confirmation) Order, 1984.

2. The bye-laws made by the Board of Coras Iompair Éireann on the 25th February, 1982 and set out in the Schedule to this Order, are hereby confirmed and shall come into operation on the 22nd day of May, 1984.

SCHEDULE.

CORAS IOMPAIR ÉIREANN BYE-LAWS.

Made by Coras Iompair Éireann in exercise of the powers conferred on it by Sub-Section (1) of Section 22 of the Transport Act, 1950 (No. 12 of 1950) for the purpose of regulating the travelling upon, use and working of and for maintaining order in and upon its railways.

1. In these Bye-Laws—

"the Board" means Coras Iompair Éireann;

"the railway" means any of the Board's railways and includes all and each of the ways, works, stations, yards, depots, sidings, docks, wharves and premises and approaches thereto belonging to or occupied or used by the Board as or in connection with its railway undertaking;

"authorised person" means any officer, employee or agent of the Board acting in the execution of his or her duty upon or in connection with the railway;

"lift" means any lift, escalator or moving platform on the railway;

"ticket" means any ticket or document issued for the conveyance of any passenger, animal or articles on the railway, or any platform ticket, or car or bicycle parking ticket, and includes in particular but without prejudice to the generality of the foregoing any season ticket, commuter ticket, rail rambler ticket, free pass, privilege ticket, or any warrant, identity card, voucher or other similar authority in exchange for or on production of which any ticket for the conveyance of any passenger may be issued;

"vehicle" means any railway vehicle on the railway and includes any part or compartment of any such vehicle.

2. (1) All the provisions of these Bye-Laws, except Bye-Laws numbered 3, 4 and 5, shall be penal provisions the contravention of which under subsection 4 of section 22 of the Transport Act, 1950 is an offence in respect of which a person is liable thereunder to a fine not exceeding ten pounds.

(2) Any person offending against any of the following Bye-Laws numbered, 3, 4, 5, 10, 11, 12, 16, 17, 20, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35 and failing to desist or quit, or failing to comply with the Bye-Law as the case may be, when requested so to do by an authorised person may be removed from the railway or any part thereof or any lift or vehicle by an authorised person without prejudice, where any penalty is prescribed as aforesaid for the contravention of any such Bye-Law, to such penalty.

3. Except as provided in Bye-Law No. 4, no person other than an authorised person shall—

(1) enter any lift or pass any ticket barrier unless and until he or she or someone on his or her behalf shall have obtained from the Board or from an authorised person a ticket or other authority entitling the holder to enter such lift or pass such barrier; and such ticket or other authority shall be produced on demand to any authorised person; or

(2) enter any vehicle for the purpose of travelling unless and until he or she or someone on his or her behalf shall have obtained from the Board or from an authorised person a ticket or other authority entitling him or her to travel therein.

The Board shall be entitled to recover the full fare for the distance actually travelled by the offender without a ticket or other authority.

4. Where the Board gives notice that a station is unattended or the booking office is closed, or where any person is instructed by an authorised person to board a train at a station without purchasing a ticket at the booking office so as not to delay the departure of the train from the station, any person not in possession of a valid ticket entitling him or her to travel may enter a vehicle at that station for the purpose of travelling but that person must obtain a ticket or other authority from an authorised person on the train as soon as practicable after entering any vehicle or from an authorised person on arrival at the station to which such person is travelling by the train.

5. Except by permission of an authorised person, no person shall at any station upon the railway—

(1) enter or leave, or attempt to enter or leave, the station otherwise than through the authorised entrances and exits provided for persons to enter or leave the station; or

(2) at which entrance to or egress from a platform or premises leading to or from a platform is controlled by means of an automatic ticket barrier enter or leave, or attempt to enter or leave, such platform or other premises without passing through such barrier.

6. When the fare to an intermediate station exceeds the fare to a more distant station, no person shall, for the purpose of travelling to such intermediate station, take or use or attempt to use a ticket for the more distant station with intent to avoid payment of the additional fare to such intermediate station. The liability to or infliction of any penalty incurred by the contravention of this Bye-Law shall not prejudice any right of the Board to treat such ticket as forfeited and to recover the full fare for the distance actually travelled by the offender.

7. No person, with intent that the Board shall be defrauded or prejudiced, shall—

(1) forge, alter, deface, mutilate or destroy any ticket; or

(2) knowingly and wilfully use or attempt to use any ticket which shall have been in any respect forged or materially altered, defaced or mutilated; or

(3) fail to cancel a ticket in any machine provided for the purpose of cancelling tickets when such ticket should be cancelled.

8. (1) Subject to paragraph (3) of this Bye-Law, no person shall, with intent that any person shall use the same for the purpose of travelling or conveyance upon the railway—

( a ) sell or buy or attempt to sell or buy any ticket; or

( b ) transfer or receive any ticket (including a partly used ticket).

(2) No person shall knowingly and wilfully use or attempt to use any ticket which has been sold, bought, transferred or received in contravention of paragraph (1) of this Bye-Law.

(3) The sale or transfer or attempted sale or transfer by, or the purchase or receipt or attempted purchase or receipt from, an authorised person is excepted from the provisions of this Bye-Law.

(4) The liability to or infliction of any penalty incurred by the contravention of this Bye-Law shall not prejudice any right of the Board to treat such ticket as forfeited and to recover the full fare for the distance actually travelled by the offender.

9. No person, with intent that the Board shall be defrauded or prejudiced, shall—

(1) tender or deliver up to an authorised person a ticket or money on behalf of another person with intent to enable the person on whose behalf the ticket or money is tendered or delivered up to travel without having previously paid his or her fare; or

(2) transfer, tender or deliver up a ticket to another person with intent to enable any person to travel on the railway without having previously paid his or her fare.

10. No person shall enter or attempt to enter any lift or vehicle through any door thereof until all persons who are leaving or are on the way to leave such lift or vehicle through such door shall have passed out of such door.

11. When a lift or vehicle contains the full number of passengers which it is constructed to carry no additional person shall enter or remain therein if requested by an authorised person not to do so.

12. No person, except an authorised person, shall mount or attempt to mount on any vehicle except on such part or parts as are provided for the carriage of passengers.

13. No person, except an authorised person, shall—

(1) operate, move, work or tamper with any mechanical or electrical applicance upon the railway or any switch lever or other device operating or controlling any mechanical or electrical appliance upon the railway except—

( a ) in cases of emergency, any switch lever or other device or mechanical or electrical appliance upon or near which is displayed a notice that it is intended to be operated in cases of emergency: or

( b ) in the case of an automatic door in any vehicle (when such door is immediately adjacent to and gives immediate access to, and such vehicle is stationary at, a platform or place appointed for passengers to enter or leave the vehicle) any switch lever or other device or mechanical or electrical appliance upon or near which is displayed a notice that it is intended to be operated by passengers to open or close such door; or

( c ) any switch lever or other device or mechanical or electrical appliance provided in any vehicle for the operation or control of any heating, ventilating, lighting or sanitary apparatus by passengers therein; or

(2) open or attempt to open any gate or door of any lift-shaft or any lift, or unfasten or tamper with or wilfully impede or interfere with the operation of any fastening or fitting on any such gate or door; or

(3) enter or leave or attempt to enter or leave, any lift (not being an escalator or moving platform) whilst it is in motion or otherwise than at the side appointed for passengers to enter or leave the same; or

(4) ascend or descend, or attempt to ascend or descend, by means of any escalator except by the stairway thereof provided for ascending or descending passengers as the case may be, or sit upon the stairway or handrail of any escalator; or

(5) travel, or attempt to travel, upon any escalator or moving platform in a direction other than the direction in which the same is moving, or sit upon any moving platform or any part thereof; or

(6) open, or attempt to open, any gate or gates leading to or from a platform at a station upon the railway without authority to do so.

(7) travel or attempt to travel on any conveyor, escalator, lift, towcar, trolley car, trolley cage or mechanical handling equipment intended or constructed or set apart for the exclusive accommodation of freight, parcels or mails or any combination of them.

14. No person, except an authorised person, shall—

(1) open the door, or stand or attempt to stand on the step or foot-board of any vehicle whilst it is in motion or (except in case of accident or other emergency) between stations; or

(2) open the door of any vehicle at a station other than at the side of the vehicle adjoining the platform or place appointed for passengers to enter or leave the vehicle; or

(3) enter or leave or attempt to enter or leave any such vehicle whilst it is in motion or (except in case of accident or other emergency) between stations or otherwise than at the side of the vehicle adjoining the platform or place appointed for passengers to enter or leave the vehicle; or

(4) (in the case of any vehicle equipped with automatic closing doors) attempt to enter or leave the vehicle after the doors have commenced to close; or

(5) where notices are exhibited in a vehicle indicating that a door shall be used for entrance thereto and another door for exit therefrom (except in case of accident or other emergency) enter or attempt to enter by the door indicated for exit or leave or attempt to leave by the door indicated for entrance.

15. No person suffering from any infectious or contagious disease or disorder shall enter or remain, and no person having the custody, charge or care of any such person shall cause or permit such person to enter or remain, upon the railway if requested not to do so by an authorised person and the Board may refuse to receive or carry any such person, or to permit any such person to enter, remain, or be upon the railway or to travel on the railway. Any person suffering as aforesaid, and any person having the custody, charge or care of any such person, may be removed from the railway by or under the direction of, an authorised person, and shall be liable to the Board for the cost of disinfecting the Board's premises and any lift or vehicle in which such person shall have been, and to make good any other damage to the property of the Board through the contravention of this Bye-Law without prejudice to any penalty incurred by such contravention.

16. No person in a state of intoxication shall enter or remain upon the railway or in any vehicle and no person who is in an unfit or improper condition to travel by passenger train or whose dress or clothing is in a condition liable to soil or injure the linings or cushions of any carriage, or the dress or clothing of any passenger, shall enter or remain in any lift or vehicle.

Provided that no person shall be prevented from entering or remaining in or on any lift or vehicle under the provisions of this Bye-Law on the ground of the condition of his or her dress or clothing when he or she so enters or remains in or on the lift or vehicle with the permission of an authorised person or when the vehicle is specially provided or set apart for workmen.

17. No person shall at any time while upon the railway or in any vehicle use any threatening, abusive, obscene, or offensive language or behave in a riotous, disorderly, indecent or offensive manner, or write, draw or affix any abusive, obscene or offensive word, representation, or character upon, or wilfully soil or defile, the railway or any lift or vehicle, or molest or wilfully interfere with the comfort or convenience of any passenger or person in or upon the railway or in any vehicle.

18. (1) No person shall take or cause to be taken on to or into, or cause or allow to remain upon or in, the railway or any lift or vehicle, if requested not to do so by an authorised person, any animal, bird, article or thing which by reason of its nature, dimensions, weight or for any other reason whatsoever is in the opinion of such authorised person likely to cause or in fact does cause annoyance or injury to any passenger or damage to any property or an obstruction in any lift or in any corridor or gangway of any vehicle.

(2) No person in charge of an animal shall—

( a ) permit such animal to occupy any seat in any vehicle on the railway; or

( b ) take such animal into, or allow such animal to remain in, any vehicle used as a dining or buffet car or any other part or section of a train if requested not to do so by an authorised person.

(3) No person in charge of an animal shall permit such animal to stand, sit, lie down or walk on any escalator or moving platform whilst the same is in motion in breach of a warning exhibited upon such escalator or moving platform.

(4) No person shall place, or allow to remain, on any luggage rack in any vehicle any article or thing in his or her possession, care or control if requested not to do so by an authorised person.

If any person in charge of any such animal article or thing fails when requested by an authorised person immediately to remove the same from the railway, lift, vehicle seat, dining or buffet car or any other part or section of a train, escalator or moving platform, or luggage rack (as the case may be) then the same may be removed therefrom by, or under the direction of, an authorised person without prejudice to any penalty incurred by the contravention of this Bye-Law.

19. No person, other than a member of the Defence Forces or of the Garda Síochána travelling on duty, shall take or cause to be taken upon or into, or place or cause to be placed upon or in, the railway or any vehicle or, while upon the railway or in any vehicle, have in his or her possession or charge, as the case may be, any loaded weapon of any kind, or any cinematograph film or any inflammable, explosive or corrosive gas, spirit, liquid, substance, or matter, or any article or thing which is or may become dangerous to any person or property.

Provided that nothing in this Bye-Law shall apply to—

( a ) small quantities of spirit or liquid carried for the personal use of such person and not for the purpose of trade or business, provided that all due precautions are taken for the prevention of accident or injury therefrom; or

( b ) cinematograph film formed on a cellulose acetate base that is so called "safety", "slow burning" or similar types.

If any person offending against this Bye-Law fails to remove from the railway or vehicle (as the case may be) immediately upon request by an authorised person any article or thing to which this Bye-Law relates, the same may be removed therefrom by, or under the direction of, an authorised person without prejudice to any penalty incurred by the contravention of this Bye-Law.

20. No person shall smoke or carry a lighted pipe, cigar, cheroot, or cigarette in any lift or vehicle or elsewhere upon the railway where smoking is expressly prohibited by the Board by a notice or sign exhibited in a conspicuous position in such lift or vehicle or upon or near such other part of the railway or if requested by an authorised person not to do so in or upon any part of the railway where smoking or carrying a lighted pipe, cigar, cheroot or cigarette may be dangerous.

21. No person shall throw or deposit any lighted match, cigarette, cigar, cheroot, tobacco or other substance in any vehicle except in the receptacle provided for that purpose or throw or deposit the same in any place upon the railway in such a manner as to cause or to be likely to cause any injury or damage to persons or to luggage, animals or merchandise or to the Board's property. Any person offending against this Bye-Law shall be liable to the Board for the amount of any injury or damage caused without prejudice to any penalty incurred by the contravention of this Bye-Law.

22. No person shall wilfully, wantonly or maliciously—

(1) move or set in motion or stop or attempt to stop any lift or vehicle or automatic door except—

( a ) in cases of emergency by means of a switch or appliance upon or near which is displayed a notice that it is intended to be operated in cases of emergency; or

( b ) in the case of an automatic door, when the vehicle of which the door forms part is stationary at and the door is immediately adjacent to and gives immediate access to a platform or place appointed for passengers to enter or leave such vehicle by means of a switch or appliance upon or near which is displayed a notice that it is intended to be operated by passengers to open or close such door; or

(2) break, cut, scratch, tear, soil, deface or damage any lift or vehicle, or any of the fittings, furniture, decorations or equipment thereof, or any notice, advertisement, number plate, number, figure or letter therein or thereupon, or remove therefrom or detach any such article or thing; or

(3) deface or damage any part of the railway or any property upon the railway.

Any person offending against this Bye-Law shall be liable to the Board for the amount of the damage done to any property of the Board without prejudice to any penalty incurred by the contravention of this Bye-Law.

23. (1) No person while upon the railway or in any vehicle shall to the annoyance of any other person or if requested not to do so by an authorised person, sing, perform on any musical or other instrument or use any gramophone, record player, tape recorder or portable wireless or television apparatus.

(2) No person while upon the railway or in any vehicle shall, except by permission of an authorised person display or exhibit any printed, written or pictorial matter or any article for the purpose of advertising or publicity, or distribute any book, leaflet or other printed matter or any sample or other article;

(3) No person shall—

( a ) sell or expose or offer for sale or cause or permit to be sold or exposed or offered for sale any article or goods whatsoever; or

( b ) tout, ply for, or solicit or cause or permit touting or plying for or soliciting alms, reward or custom or employment of any description.

24. (1) No person shall enter or remain upon or use the railway or any vehicle for the purpose of bookmaking or betting or wagering or agreeing to bet or wager or paying or receiving or settling bets with any other person.

(2) No person playing for money or moneys worth at any game or pretended game of chance or skill upon the railway or in any vehicle shall continue to do so after having been requested by an authorised person to desist therefrom.

(3) No person shall loiter or remain upon the railway or in any vehicle after having been requested by an authorised person to depart unless such person is lawfully entitled so to remain.

25. No person shall wilfully throw at or drop on, or throw or drop from, any lift or vehicle or any conveyance on the railway any article or thing whatsoever capable of injuring, damaging or endangering any person or property or of causing pollution.

26. No person, in charge of any road vehicle or in charge of any animal shall—

(1) leave or place any such vehicle or animal in or upon the railway—

( a ) in any manner or place so as to cause an obstruction or hindrance to the Board or to persons using the railway; or

( b ) otherwise than in accordance with any reasonable direction of an authorised person; or

( c ) where parking or waiting is prohibited; or

(2) leave or place any such vehicle or animal in or upon the railway (otherwise than in a parking or other place expressly appointed by the Board for leaving or placing any such vehicle or animal) for a period longer than necessary for such person to transact any lawful business upon the railway at or adjacent to the place at which such vehicle or animals has been left or placed; or

(3) where special entrances or exits are notified by directions, signs or notices enter or depart from the railway with any such vehicle or animal save by the authorised route; or

(4) leave or place any animal in or upon the railway (otherwise than in a place expressly appointed by the Board) unattended; or

(5) conduct himself or herself in a disorderly manner.

Any vehicle or animal so left or placed in breach of this Bye-Law may be removed by, or under the direction of, an authorised person, and the cost thereof shall be paid to the Board by the said person in charge of the vehicle or animal without prejudice to any penalty incurred by the contravention of this Bye-Law.

27. No person in charge of any road vehicle which is parked at a place on the railway for the use of which parking charges are levied by the Board shall remove or attempt to remove such vehicle from such place without having previously paid the appropriate charge and with intent to evade payment thereof. Provided that no person shall be subject to any penalty under this Bye-Law unless it be proved to the satisfaction of the Court before whom the complaint is laid that a public notice was exhibited at that place specifying the charge payable for parking thereat.

28. No person shall—

(1) spit upon the floor or in upon or against any part of any lift or vehicle upon the railway, or upon the platform or the permanent way at any station of the Board, or in upon or against any hall, office, waiting room, public room, or public passage at any station of the Board; or

(2) place or throw any litter upon the railway except into receptacles expressly provided for that purpose.

29. (1) No person shall occupy or use any compartment or seat in any vehicle on the railway upon which or in relation to which notice has been fixed or given by the Board that such compartment or seat is reserved, except the holder of a reservation ticket issued by the Board in respect of the holder's occupation or use of such compartment or seat.

(2) No person, except an authorised person, shall remove any notice or seat reservation label from any compartment or seat in, or any door or window of, any vehicle on the railway.

30. No person shall while travelling in any vehicle on the railway place or rest his or her feet upon any seat except with the permission of an authorised person.

31. The Board may establish queues on the railway for the purpose of regulating the access to services and facilities provided on or in the immediate vicinity of the railway, and every person desirous of availing himself or herself of any such service or facility shall, upon notice or request by the Board or an authorised person take up the position in the rear of one of such queues and move forward in an orderly and regular manner, and obey the reasonable instructions of an authorised person regulating such queues.

32. No person shall by means of any machine provided by the Board upon the railway change or procure to be changed any coin or coins or any currency note or notes otherwise than for the purpose of obtaining immediately a ticket or tickets from the Board or from an authorised person at the station where such machine is provided.

33. No person other than an authorised person shall ride a bicycle, tricycle, motorcycle or other similar machine or bring any handcart, barrow, or similar conveyance (excepting a hand trolley for carrying luggage) upon any platform, concourse, footbridge, footpath, causeway or subway on the railway and intended or constructed or set apart for the use or accommodation of pedestrians only or for the exclusive accommodation of freight, parcels or mails or any combination of them.

34. No person shall use a skateboard, roller skates or other similar article upon any platform, concourse, footbridge, footpath, causeway or subway on the railway and intended or constructed or set apart for the use or accommodation of pedestrians only or for the exclusive accommodation of freight, parcels or mails or any combination of them.

35. Any person who is reasonably suspected of committing or attempting to commit any offence against these Bye-Laws shall give his or her name and address to any authorised person when requested to do so.

36. These Bye-Laws revoke all Bye-Laws heretofore made, or deemed to have been made, by Coras Iompair Éireann in relation to its railway undertaking or any part thereof without prejudice, however, to the validity of any thing done thereunder or to any liability incurred in respect of any act or omission before the date of the coming into operation of these Bye-Laws. These Bye-Laws will come into operation on the date specified in that behalf in the Order of the Minister for Communications confirming the same.

GIVEN under my Official Seal this 1st day of May, 1984.

JAMES R. MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

The purpose of the Order is to confirm new Bye-laws made by Coras Iompair Éireann for regulating the travelling upon, use and working of, and maintaining order in and upon the Board's railway system.