Transport Act, 1958

Level crossings.

9.—(1) The Minister may, on the application of the Board and after consultation with the Minister for Local Government, by order provide that the provisions of section 47 of the Railways' Clauses Consolidation Act, 1845 , and section 6 of the Railways Clauses Act, 1863 , which relate to the control of level crossings, and any other enactment incorporating requirements to similar effect, or such of those provisions as may be specified in the order, shall not apply to a specified level crossing of the undertaking.

(2) The order may require the Board to provide and maintain such barriers, lights and automatic and other devices and appliances and to comply with such other conditions and requirements for the protection, safety and convenience of the public as the Minister thinks fit and specifies in the order.

(3) The order may require the Board to recompense, in such manner as the order may prescribe, any person performing services for the Board at the level crossing under any form of agreement, where that person's services under the agreement are dispensed with as a consequence of the order.

(4)An application by the Board to the Minister shall be accompanied by a draft of the proposed order and the draft shall be in such form as the Minister may direct.

(5) Before making the application the Board shall give notice of its proposal, together with a copy of the draft, to the appropriate road authority and to the Commissioner of the Garda Síochána.

(6) The Minister may, after consultation with the Minister for Local Government, by order amend or revoke an order under this section.