IarnrÃ³d Ãireann (Mallow-Banteer) (Newberry East Level Crossing) Order, 1989.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the IarnrÃ³d Ãireann (Mallow-Banteer) (Newberry East Level Crossing) Order, 1989.
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paragraphs: This Order shall come into operation on the 2nd day of April, 1989.
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paragraphs: In this Order—
"the Company" means IarnrÃ³d Ãireann — Irish Rail;
"the Minister" means the Minister for Tourism and Transport;
"the crossing" means that place where the Company's railway between Mallow and Banteer crosses on the level a public road running between Mallow and Donoaghmore in the townland of Kilvealaton, parish of Kilshannig and county of Cork;
"roadway" means that portion of the said public 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 public road.
num: 4
paragraphs: The following provisions shall cease to apply to the crossing:
(a) section 9 of the Railway Regulation Act, 1842, section 47 of the Railways Clauses Consolidation Act, 1845, and section 12 of the Killarney Junction Railway Act, 1851, and
(b) the provisions of any other enactment incorporating requirements of similar effect to those specified in paragraph (a) of this Article and which applied to the operation of the crossing before the coming into operation of this Order.
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paragraphs: The Company 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.
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paragraphs: 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 0.6 metres 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 6 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 300 millimetres from the centre and not less than 3 metres from the right edge of the roadway.
num: 7
paragraphs: Each barrier shall be so designed that—
(a) when raised, it shall be approximately vertical and no part thereof shall be within 0.6 metres 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 0.84 metres and not more than 1 metre above the roadway;
(c) it shall be capable of being controlled from a position near the crossing by the Company's employees.
num: 8
paragraphs: The barriers shall be operated electrically and shall, at the option of the Company, 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 Company.
num: 9
paragraphs: The Company shall provide and maintain—
(a) two red electric lights, flashing alternatively, and one amber 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 0.6 metres apart and not less than 2.44 metres above the road surface and to have a combined flashing rate of between sixty and eighty flashes per minutes, and such amber light to be fixed on the same post below the red lights and not less than 2.14 metres above the road surface;
(b) two red electric lights, flashing alternatively, and one amber electric light, all located on the right-hand side of the road at each side of the crossing and shining outwards from the crossing along the road, such red lights to be 0.6 metres apart and not less than 2.44 metres above the road surface and to have a combined flashing rate of between sixty and eighty flashes per minute, and such amber light to be fixed on the same post below the red lights and not less than 2.14 metres 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 12 hours;
(e) a telephone in a conspicuously marked housing at each side of the crossing connected to one of the Company'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.
num: 10
paragraphs: The Company 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) the amber lights shall become illuminated not less than 5 seconds before the flashing lights begin to flash, shall remain illuminated until the flashing lights begin to flash, and then shall be extinguished;
(c) the bells shall start sounding not less than 5 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 6 seconds before the barriers begin to fall;
(e) the movement of lowering the barriers shall occupy not less than 6 nor more than 8 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 16 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 37 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 vehicle or the last axle of the train which caused the barriers to fall has passed the crossing and shall then commence to rise to the 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 the raised position;
(k) the alternative power supply referred to in paragraph (d) of Article 9 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 the 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 9 of this Order shall be illuminated.
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paragraphs: The Company shall provide and maintain—
(a) a notice at each side of the crossing instructing drivers of large vehicles (over 16.5 metres long or 2.9 metres wide or 32.5 tonnes laden weight) or slow vehicles (16 kilometres 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 an 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 1 metre beyond the left and right edges of the roadway;
(f) guards against trespass abutting the left and right edges of such road surface.
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paragraphs: Nothing in this Order shall operate to relieve the Company of its obligations 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.