S.I. No. 64/1981 - Córas Iompair Éireann (Bennetsbridge-Kilkenny) (Ballyredding Level Crossing) (Amendment) Order, 1981.


I, ALBERT REYNOLDS, Minister for Transport, on the application of Córas Iompair Éireann and in exercise of the powers conferred on me by section 9 of the Transport Act, 1958 (No. 19 of 1958), by the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and by the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ) and after consultation with the Minister for the Environment hereby order as follows:—

1. This order may be cited as the Córas Iompair Éireann (Bennettsbridge-Kilkenny) (Ballyredding Level Crossing) (Amendment) Order, 1981.

2. The Córas Iompair Éireann (Bennettsbridge-Kilkenny) (Ballyredding Level Crossing) Order 1968 ( S.I. No. 47 of 1968 ) is hereby revoked.

This Order shall come into operation on the 2nd day of March, 1981.

4. In this Order—

"the Board" means Córas Iompair Éireann;

" the Minister" means the Minister for Transport;

"the crossing" means that place in the townlands of Ballyredding North and Bennettsbridge, parish of Treadingstown and County of Kilkenny where the Board's railway crosses on the level a public road running between the village of Bennettsbridge and the town of Kilkenny;

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

"left" and "right" mean, respectively, left and right looking towards the crossing from the adjoining portion of the said road.

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

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

(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.

6. The Board shall provide, maintain, control and operate a half barrier (hereinafter called the "barrier") at each side of the crossing, and each barrier shall be capable of being automatically controlled.

7. Each barrier shall—

(a) be constructed of wood or other lightweight material;

(b) have alternate red and white bands of reflecting material on the face thereof and a red band at the tip, and the bands shall be approximately two feet wide;

(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 six inches 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 pivoted at the left side of the road and be of such length that, when lowered, the tip of the barrier shall be not more than one foot from the centre and not less than ten feet from the right edge of the roadway.

8. Each barrier shall be so designed that—

(a) when raised, it shall be approximately vertical and no part thereof shall be within two feet of a vertical line from the edge of the roadway;

(b) when lowered, it shall be at, or nearly at, right angles to the centre line of the roadway and the underside of the barrier shall be not less than two feet nine inches and not more than three feet three inches above the roadway;

(c) it shall be capable of being controlled from a position near the crossing by the Board's servants.

9. The barriers shall be operated electrically and shall, at the option of the Board, be either controlled automatically by track circuits or treadles on the railway line on each approach to the crossing or manually controlled by proper persons employed by the Board.

10. The Board shall provide and maintain—

(a) two red electric lights flashing alternately and one amber electric light all located on or adjacent to each barrier pivot post and shining outwards from the crossing along the road, such red lights to be two feet apart and not less than eight feet above the road surface and to have a combined flashing rate of between fifty and seventy flashes per minute and such amber light to be fixed on the same post below the red lights and not less than seven feet above the road surface;

(b) two red electric lights, flashing alternately, and one amber electric light all located on the righthand side of the road at each side of the crossing and shining outwards from the crossing along the road, such red lights to be two feet apart and not less than eight feet above the road surface and to have a combined flashing rate of between fifty and seventy flashes per minute and such amber light to be fixed on the same post below the red lights and not less than seven feet above the road surface;

(c) an electric bell or other audible warning device at each side of the crossing;

(d) an alternative power supply of sufficient capacity to operate the barriers, lights and bells for not less than twelve hours;

(e) a telephone in a conspicuously marked housing at each side of the crossing connected to one of the Board's signal boxes controlling railway traffic at the crossing;

(f) if the signal box to which the telephones are connected is not continuously attended, a yellow light inside or adjacent to each telephone housing and capable of being illuminated from the signal box to indicate that the line is closed to railway traffic.

11. 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 their raised position except when vehicles passing along the railway have occasion to cross the said road;

(b) the amber lights shall become illuminated not less than five seconds before the flashing lights begin to flash, shall remain steadily illuminated until the flashing lights begin to flash and then shall be extinguished;

(c) the bells shall start sounding not less than five seconds before the flashing lights begin to flash and shall continue to sound until the movement of lowering the barriers has been completed;

(d) the flashing lights shall start flashing not less than six seconds before the barriers begin to fall;

(e) the movement of lowering the barriers shall occupy not less than six nor more than eight seconds and such movement shall automatically switch on the electric lights on the barriers;

(f) the movement of lowering the barriers shall be completed not less than sixteen seconds before the arrival at the crossing of any vehicle passing along the railway;

(g) the time interval between the illumination of the amber lights by any vehicle passing along the railway and the arrival of that vehicle at the crossing shall be not less than thirty-seven seconds;

(h) the flashing 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 vehicle or vehicles for which the barriers were made to fall, and shall then commence to rise to their raised position;

(j) the flashing lights shall be extinguished as soon as the barriers commence to rise and the lights on the barriers shall be extinguished as the barriers approach their raised position;

(k) the alternative power supply referred to in paragraph (d) of Article 10 of this Order shall come into operation automatically if the main power supply should fail;

(l) 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 failure of electric bulbs) unless the barriers are maintained in their raised position by manual control;

(m) at all times when the railway line is closed to traffic the yellow lights referred to in paragraph (f) of Article 10 of this Order shall be illuminated.

12. The Board shall provide and maintain—

(a) a notice at each side of the crossing instructing drivers of large vehicles (over 54 feet long or 9 feet 6 inches wide or 32 tons laden weight) or slow vehicles (10 miles per hour or less) and persons in charge of herds of animals to telephone the signalman before crossing;

(b) a notice at or near each telephone indicating that if the yellow light at the telephone housing is illuminated the line is closed to railway traffic;

(c) a notice at each side of the crossing advising road users to telephone the signalman if there appears to be undue delay or in any emergency;

(d) a whistle board on the railway line at each approach to the crossing as an indication to drivers of vehicles passing along the railway which are equipped with whistles or horns to cause such whistles or horns to be sounded continuously when approaching the crossing;

(e) a good road surface on the crossing and extending for three feet beyond the left and right edges of the roadway, such edges to be marked by broken yellow lines;

(f) cattle grids abutting the left and right edges of such road surface.

13. 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 25th day of February, 1981.

ALBERT REYNOLDS,

Minister for Transport.

EXPLANATORY NOTE.

The effect of the Order is to enable Córas Iompair Éireann to replace the existing automatically controlled half-barriers and ancillary equipment at Ballyredding Level Crossing, Co. Kilkenny by a new installation incorporating an amber light below each set of two red flashing lights.