S.I. No. 42/1957 - Coras Iompair Eireann Bye-Laws (Confirmation) Order, 1957.


S.I. No. 42 of 1957.

CORAS IOMPAIR EIREANN BYE-LAWS (CONFIRMATION ORDER, 1957.

I, WILLIAM NORTON, Minister for Industry and Commerce, 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) hereby order as follows :

1. This Order may by cited as the Córas Iompair Éireann Bye-laws (Confirmation) Order, 1957.

2.—(1) The bye-laws made by the Board of Córas Iompair Éireann on the 2nd day of February, 1956, are hereby confirmed subject to the modification set out in the First Schedule to this Order.

(2) The bye-laws as so modified are set out in the Second Schedule to this Order and shall come into operation on the 29th day of March, 1957.

FIRST SCHEDULE

MODIFICATION OF BYE-LAWS.

No. of Bye-Law

Modification made by the Minister

16

The insertion, after "No person" where these words first occur, of "other than a member of the Defence Forces or the Gá Siochá travelling on duty".

SECOND SCHEDULE

CORAS IMPAIR EIREANN

BYE-LAWS

Made by Córas 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. These Bye-Laws revoke all Bye-Laws heretofore made and applicable to the railway undertaking of Coras Iompair Éireann. These Bye-Laws will come into operation on the date specified in that behalf in the Order of the Minister for Industry and Commerce confirming the same.

Definitions :

In these Bye-Laws :—

" The Board " means Córas 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, wharfs and premises and approaches thereto belonging to or occupied or used by the Board as or in connection with its railway undertaking.

1. All the provisions of these Bye-Laws except Bye-Laws 2 and 3 shall be penal provisions, the contravention of which under Sub-Section 4 of said 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. A person shall not enter any carriage or vehicle upon the Railway, for the purpose of travelling unless and until he or someone on his behalf shall have obtained from the Board, or from some other Undertaking or person duly authorised in that behalf by the Board, a ticket entitling him to travel therein. Any person offending against this Bye-Law and failing to leave the carriage or vehicle immediately on request by any servant or agent of the Board, may be removed therefrom by or under direction of such servant or agent.

3. At all intermediate stations fares will be received and tickets issued conditionally only on there being room in the train for which such tickets shall be issued. In case there shall not be sufficient room for all the passengers to or for whom any such tickets shall have been issued, the holders of such as shall be for the longest distances shall, as far as reasonably practicable, have the preference, and the holders of such as shall be for the same distance shall, as far as reasonably practicable, have priority according to the order in which such tickets shall have been issued, as denoted by the numbers stamped thereon. The Board is not, however, to be deemed to undertake that such order of preference or priority shall be adhered to.

4. 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 for the infraction 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.

5. No person shall alter, deface, mutilate or destroy any passenger ticket, season ticket, dog ticket, bicycle ticket, luggage ticket, cloakroom ticket, or seat reservation ticket, after it has been issued and whilst it is available for use, with intent to enable the Board to be defrauded or prejudiced ; or knowingly and wilfully use or attempt to use any such ticket which shall have been in any respect materially altered, defaced or mutilated.

6. No person shall sell, buy, transfer or receive, or attempt to sell, buy, transfer or take any ticket (which expression in this Bye-Law includes any passenger ticket, season ticket, dog ticket, bicycle ticket, luggage ticket, or seat reservation ticket, book of passenger tickets, and any portion detached from the remainder of any such ticket or book), or any partly used ticket to or from any other person with intent that any person shall use the same for the purpose of travelling or conveyance upon the Railway, unless the ticket shall at the time of the issuing thereof purport to be transferable, and no person shall knowingly and wilfully use or attempt to use any ticket which has been so sold, bought, transferred or received. Provided that the sale by or purchase from a servant or agent of the Board duly authorised to issue tickets is excepted from the pro. visions of this Bye-Law.

7. When a carriage or compartment of a carriage upon the railway contains the full number of passengers which it is constructed to carry, no additional person shall enter or remain therein if requested by a guard of the train or any servant or agent of the Board, not to do so. Any person offending against this Bye-Law and failing to quit such carriage or compartment immediately on request by such guard, servant, or agent, may be removed therefrom by or under thedirection of such guard, servant or agent, without prejudice to any penalty incurred by the infraction of this Bye-Law.

8. Except by permission of a guard of the train, no person of the male sex apparently above the age of eight years shall travel or attempt to travel or remain in any carriage or compartment of a carriage marked or notified as being reserved or appropriated for the exclusive use of persons of the female sex. Any person offending against this Bye-Law and failing to quit such carriage or compartment immediately on request by a guard of the train, or any servant or agent of the Board, may by removed therefrom by or under the direction of any such guard, servant or agent, without prejudice to any penalty incurred by the infraction of this Bye-Law.

9. No person, except a servant or agent of the Board in the performance of his duty, shall mount or attempt to mount on any railway engine, or train driver's cab or on the roof of any wagon, carriage or vehicle upon the railway or travel or attempt to travel on or in any luggage or guard's van or wagon, or on or in any carriage or vehicle not provided for conveyance of passengers, or on the step or footboard or any part other than a part provided for the conveyance of passengers of any wagon, carriage or vehicle. Any person offending against this Bye-Law and failing to desist immediately on request by any servant or agent of the Board, may be removed from the engine, van, wagon, carriage or vehicle, or from the Railway, by or under the direction of such servant or agent, without prejudice to any penalty incurred by the infraction of this Bye Law.

10. No person except a servant or agent of the Board in the performance of his duty shall open or attempt to open any gate or door of any lift-shaft or lift, or enter or leave, or attempt to enter or leave any lift which is in motion or otherwise than at the place appointed for passengers to enter or leave the same.

11. No person, except a servant or agent of the Board in the performance of his duty, shall open the door, or stand or attempt to stand on the step or footboard of any carriage or vehicle upon the Railway whilst it is in motion or (except in case of accident or other emergency) between stations ; or enter or leave or attempt to enter or leave any such carriage or vehicle whilst it is in motion or (except as aforesaid) between stations or otherwise than at the side of the carriage or vehicle adjoining the platform or place appointed for passengers to enter or leave the train ; and where in any such carriage or vehicle one door is indicated by notice for entrance thereto and another door for exit therefrom no person shall (except in case of accident or other emergency) enter or leave or attempt to enter or leave such carriage or vehicle except by the door indicated for entrance or exit respectively.

12. Except by permission of the Board in writing, a person suffering from any infectious or contagious disease or disorder shall not enter or remain, and any person having the custody, charge or care of any such person shall not cause or permit such person to enter or remain in or upon the Railway or in any carriage upon the Railway, and the Board may refuse to receive or carry any such person or to permit any such person to enter, remain, or be in or upon the Railway, or in any such carriage, 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 any such carriage or from the Railway, by or under the direction of any servant or agent of the Board, and shall be liable to the Board for the cost of disinfecting the Board's premises and any carriage in which such person shall have been, and to make good any other damage to the property of the Board through the infraction of this Bye-Law without prejudice to any penelty incurred by such infraction.

13. No person in a state of intoxication shall enter or remain in or upon the railway, or any carriage on the railway, 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 seating and upholstery of any carriage or the dress or clothing of any passenger shall enter or remain in any carriage upon the railway, provided that no person shall by prevented from entering or remaining in a carriage under the provisions of this bye-law on the ground of the condition of his dress or clothing when he so enters or remains in the carriage with the permission of the guard of the train.

Any person offending against this bye-law and failing to quit the railway or any such carriage, as the case may be, immediately upon request by any servant or agent of the Board, may be removed therefrom by or under the direction of such servant or agent, without prejudice to any penalty incurred by the infraction of this bye-law.

14. No person shall at any time while in or upon the railway or in any carriage or vehicle upon the railway use any threatening, abusive, indecent, obscene, profane, or offensive language to the annoyance or hindrance of any other person or behave in a riotous, disorderly, indecent or offensive manner, to the annoyance or hindrance of any other person, or write, draw or affix any abusive, indecent, obscene, profane, or offensive word, representation, or characters, or commit any nuisance in, upon, or against any part of the railway or of such carriage or vehicle, or molest or wilfully interfere with the comfort or convenience of any passenger or person on the railway. Any person offending against this bye-law and failing to quit the railway or such carriage or vehicle, immediately upon request by any servant or agent of the Board may be removed therefrom by or under the direction of such servant or agent, without prejudice to any penalty incurred by the infraction of this bye-law.

15. No person shall take or cause to be taken into, or cause or allow to remain in any passenger carriage upon the railway, if requested not to do so by a guard of the train, or any servant or agent of the Board : (a) any dog, bird, reptile or other animal ; or (b) any article or thing which by reason of its nature is in the opinion of such guard, servant or agent calculated to cause, or in fact, does cause, annoyance to any passenger or damage to any property.

If any person in charge of any such animal, article or thing fails when so requested by such guard, servant or agent immediately to remove the same from the carriage, then the same may be removed therefrom by or under the direction of such guard, servant or agent without prejudice to any penalty incurred by the infraction of this bye-law.

16. No person other than a member of the Defence Forces or of the Garda Síochána travelling on duty, shall take into, or place in or upon or cause to be taken into or placed in or upon, or have in or upon the railway or any carriage or vehicle upon the railway, any loaded firearm, loaded gun, or loaded weapon of any kind ; nor shall any person, except by permission in writing of an officer of the Board duly authorised in that behalf, take into or place in or upon or cause to be taken into or placed in or upon the railway or any such carriage or vehicle, any inflammable explosive or corrosive gas, spirit, liquid, substance or matter, or any article or thing which is or may become dangerous to any passenger or property. But nothing in this bye-law shall apply to 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. If any person offending against this bye-law fails to remove from the railway or any such carriage or vehicle immediately upon request by any servant or agent of the Board, any article or thing to which this bye-law relates, the same may be removed therefrom by or under the direction of such servant or agent without prejudice to any penalty incurred by the infraction of this bye-law.

17. No person shall smoke in any carriage or compartment of a carriage upon the railway not provided for smoking, or in or upon any part of the railway where smoking is expressly prohibited by the Board ; or if requested by any servant or agent of the Board not to do so in or upon any part of the railway where smoking may be dangerous. Any person offending against this bye-law and persisting in so offending after being once warned by any passenger or servant or agent of the Board to desist, and failing to quit such carriage, compartment or part of the railway immediately upon request by any servant or agent of the Board, may be removed therefrom by or under the direction of such servant or agent, without prejudice to any penalty incurred by the infraction of this bye-law.

18. No person shall throw or deposit any lighted match, cigarette, cigar, tobacco or other substance in any carriage or compartment of a carriage or in any other vehicle or 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 infraction of this bye-law.

19. No person shall wilfully, wantonly or maliciously move or set in motion any lift, engine, carriage or vehicle upon the railway, or break, cut, scratch, tear, soil, deface, or damage, such lift, engine, carriage 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 any such article or thing therefrom or deface or damage any property (whether real or personal) belonging to the Board, or upon the railway. Any person offending against this bye-law shall be liable to the Board for the amount of the damage done, without prejudice to any penalty incurred by the infraction of this bye-law.

20. Except by permission of an officer of the Board, duly authorised in that behalf no person while in or upon the railway or in any carriage or vehicle thereon shall hawk, sell, or expose or offer for sale any article or goods whatsoever, or tout, ply for, or solicit alms, reward, or custom or employment of any description.

Any person offending against this bye-law after having been once warned by any servant or agent of the Board to desist may be removed from such carriage or vehicle or from the railway by or under the direction of any servant or agent of the Board, without prejudice to any penalty incurred by the infraction of this bye-law.

21. (a) No person shall enter or remain in or upon or use the railway or any carriage or vehicle thereon 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.

(b) No person playing for money or moneysworth at any game or pretended game of chance or skill in or upon the railway or any carriage or vehicle thereon shall continue to do so after having been requested by any servant or agent of the Board to desist therefrom.

(c) No person shall loiter or remain in or upon the railway or any carriage or vehicle thereon after having been requested by a servant or agent of the Board to depart unless such person is lawfully entitled so to remain.

(d) Any person offending against this bye-law may be removed from the railway or from such carriage or vehicle by or under the direction of any servant or agent of the Board, without prejudice to any penalty incurred by the infraction of this bye-law.

22. No person shall throw or drop from any carriage or vehicle upon the railway a bottle of any kind, or any article or thing whatsoever capable of injuring, damaging or endangering any person or property.

23. No driver, conductor or person in charge of any omnibus motor car, cab, carriage, wagon, bicycle or other vehicle or of any animal in or upon the railway shall :

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

(i) for a period longer than necessary for such person to transact any lawful business upon the railway ; or

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

(iii) otherwise than in accordance with any reasonable direction of any servant or agent of the Board ; or

(b) conduct himself in a disorderly manner.

Any vehicle or animal so left or placed in breach of this bye-law may be removed from the railway by or under the direction of any servant or agent of the Board ; and any person offending against this bye-law may be removed from the railway by or under the direction of any servant or agent of the Board and shall also be liable for the amount of any injury or damage caused, without prejudice to any penalty incurred by the infraction of this bye-law.

24. No person shall spit upon the floor or upon any part of any carriage or vehicle upon the railway, or upon the platform at any station of the Board, or upon the floor, side or wall of any hall, office, waiting-room, refreshment room, public room or public passage at any station of the Board. Any person offending as aforesaid after having been requested to desist by any servant or agent of the Board, may be removed from such carriage or vehicle or from the railway by or under the direction of any such servant or agent, without prejudice to any penalty incurred by the infraction of this bye-law.

25. No person shall occupy in any carriage or vehicle using the railway any seat reserved for or assigned by the Board to any other person. Any person infringing or not observing this bye-law and failing to quit such seat immediately on request by a guard of the train or any duly authorised servant or agent of the Board may be removed therefrom by or under the direction of such guard, servant or agent, without prejudice to any penalty incurred by the infraction or non-observance of this bye-law.

GIVEN under my Official Seal this 8th day of March, 1957.

WILLIAM NORTON,

Minister for Industry and Commerce.

EXPLANATORY NOTE

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