Railway Safety Act 2005

110. Careless working on railway.

110.—(1) A safety critical worker shall not perform a safety critical task on railway property or in a public place without taking due care and attention.

• (2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months, or to both.

111. Dangerous working on railway.

111.—(1) A safety critical worker shall not perform a safety critical task in a manner which, having regard to all the circumstances of the case, is dangerous to the safety of persons or poses an unreasonable risk of harm to persons.

• (2) A person, being a supervisor, manager, director or secretary of a F128[railway organisation], shall not instruct a safety critical worker to perform a safety critical task in a manner that may cause that worker to contravene subsection (1).

• (3) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable—

• (a) on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 5 years, or to both, or

• (b) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

• (4) In proceedings for an offence under subsection (3), it shall be a defence for the person against whom such proceedings are brought to prove that the safety critical task—

• (a) in respect of a contravention of subsection (1), was performed, or

• (b) in respect of a contravention of subsection (2), was instructed to be performed,

in accordance with written rules or procedures of the F128[railway organisation] concerned, where those rules or procedures specify the manner in which that task should be performed.

• (5) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial the District Court, is of the opinion that he or she was not guilty of an offence under this section but was guilty of an offence under section 110, the jury or court may find him or her guilty of an offence under section 110 and he or she may be sentenced accordingly.

• (6) Where a member of the Garda Síochána is of the opinion that a person has committed an offence under this section causing loss of life or serious personal injury to another person, the member may arrest the person without warrant.

112. Medical fitness for duty.

112.—(1) A F129[railway organisation] may require a safety critical worker to undergo an assessment by a medical practitioner, nominated by the undertaking, of his or her fitness to perform a safety critical task and such person shall co-operate with such medical assessment.

• (2) F129[railway organisation]s shall ensure that safety critical workers undergo assessment by a medical practitioner of their fitness to perform safety critical tasks.

• (3) Where, following an assessment under subsection (1), a medical practitioner is of the opinion that a safety critical worker is unfit to perform a safety critical task, he or she shall notify the F129[railway organisation] concerned, by the quickest practicable means, of that opinion and shall inform the safety critical worker of that opinion and the reasons for that opinion.

• (4) If a safety critical worker becomes aware that he or she is suffering from any disease or physical or mental impairment which, should he or she perform a safety critical task, would be likely to cause him or her to expose a person to danger or risk of danger, he or she shall immediately notify the F129[railway organisation] concerned.

• (5) Where a F129[railway organisation] receives a notification under subsection (3) or (4), it shall not permit the safety critical worker concerned to perform a safety critical task until such time as an assessment under subsection (1) confirms that he or she is fit to so perform that task.

• (6) The Commission may, with the consent of the Minister, and after consultation with F129[railway organisation]s, organisations which represent staff of F129[railway organisation]s, the Medical Council, the Health and Safety Authority and such other persons as in the opinion of the Commission may be relevant, make regulations in relation to all or any of the following—

• (a) the nature of a medical assessment under subsection (1) and the matters that shall be assessed, or

• (b) the frequency of an assessment under subsection (2).

• (7) The Commission may, after consultation with F129[railway organisation]s, organisations which represent staff of F129[railway organisation]s, the Medical Council, the Equality Authority, the Health and Safety Authority and such other persons as in the opinion of the Commission may be relevant, publish guidelines in relation to the types of disease or physical or mental impairment which may require notification by a safety critical worker to a F129[railway organisation] under subsection (4).

• (8) On each occasion that a safety critical worker attends his or her medical practitioner, he or she shall inform that medical practitioner of his or her position as a safety critical worker.

PART 11 Works by Road Authorities, etc.

113. Works on public roads in the vicinity of railway infrastructure.

113.—(1) A person (other than a road authority or a person acting under contract on behalf of a road authority) shall not commence or carry out any works on a public road in the vicinity of railway infrastructure where such works may, in his or her reasonable opinion having regard to any guidelines published by the Commission under subsection (4), affect the safe operation of that infrastructure without obtaining the prior written consent of the road authority concerned, and subject to any conditions contained in such consent.

• (2) Before giving its consent under subsection (1), a road authority shall notify the F130[railway organisation] concerned of the proposed works and shall consider any objections or representations, made to it in writing within 21 days of notification, by the F130[railway organisation] concerning the proposed works.

• (3) A road authority shall, before it commences or authorises a person to commence under contract on its behalf, any works on a public road in the vicinity of a railway infrastructure which may, in its reasonable opinion having regard to any guidelines published by the Commission under subsection (4), affect the safe operation of the infrastructure, notify the F130[railway organisation] concerned of its intention and shall consider any objections or representations, made to it in writing within 21 days of notification, by the undertaking concerning the intended works.

• (4) The Commission may, after consultation with the Minister, the Minister for the Environment, Heritage and Local Government and the National Roads Authority, publish guidelines in relation to any works on a public road in the vicinity of railway infrastructure which may affect the safe operation of the railway infrastructure.

• (5) Nothing in this section shall prevent a road authority or other person from carrying out works in advance of a requirement under this section where such works are necessary to eliminate or reduce an immediate danger or risk to persons or property.

• (6) Where works are carried out in accordance with subsection (5), the road authority or person concerned shall, as soon as practicable after the commencement of such works, comply with the requirements of this section.

• (7) A person who carries out any works on a public road in the vicinity of a railway infrastructure shall take all reasonable steps to ensure that the works do not affect the safe operation of the infrastructure.

• (8) A person who is for the time being responsible for works completed on a public road in the vicinity of a railway infrastructure shall take all reasonable steps to ensure that the works do not affect the safe operation of that infrastructure.

• (9) A person who contravenes this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €500,000.

• (10) In this section, “works” includes, but may not be limited to—

• (a) in the case of a public road — road excavation or resurfacing, road widening or narrowing, signage, road markings, traffic signalling and protective barriers in the vicinity of railway infrastructure, a railway level crossing or a road over or under a railway or a road tunnel, and

• (b) in the case of a F130[railway organisation]— new works under section 42(15).

PART 12 General Enforcement and Offence Provisions relating to Railway Safety and Conduct of Persons on Railways

114. Unlawful use of railway.

114.—A person who uses or attempts to use a train or other mechanically propelled vehicle on a railway, other than a light railway (within the meaning of the Transport (Railway Infrastructure) Act 2001) without the express consent of the F131[railway organisation] concerned, is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

115. Deliberate or wanton damage to railway.

115.—A person who deliberately or wantonly causes or attempts to cause damage to any railway property is guilty of an offence.

116. Obligation to notify danger caused to railway.

116.—(1) A person who causes a hazard or risk to persons by accidentally or negligently causing any structure, vehicle, or other matter or thing to come to lie on railway infrastructure, or to over-hang or protrude into the operational area above or adjacent to railway infrastructure, shall immediately notify the F132[railway organisation] concerned or a member of the Garda Síochána.

• (2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 3 months, or to both.

117. Obligation not to expose person to danger on railway.

117.—A person who deliberately or wantonly exposes another to danger on railway property is guilty of an offence.

118. Unlawful use of system of communication between passengers and train drivers.

118.—Where a F133[railway organisation] provides an emergency cord or other system of emergency communication between the passengers and the driver of a train, any person who uses that cord or system without reasonable and sufficient cause is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 1 month, or to both.

119. Attempting to obstruct, damage or derail a train, etc.

119.—A person who, without lawful authority, deliberately or maliciously—

• (a) puts, places, casts or throws upon any railway property or across any railway track any wood, stone, vehicle or other matter or thing,

• (b) takes up, removes or displaces any rail, sleeper, or other matter or thing belonging to a F134[railway organisation], or

• (c) turns, moves or diverts any points, signals or other plant or machinery belonging to a F134[railway organisation],

to obstruct, damage or derail a train or to injure persons present on, using or working on railway property is guilty of an offence.

120. Penalty.

120.—A person guilty of an offence under section 115, 117 or 119 is liable—

• (a) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 3 years or to both,

• (b) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months, or to both.

121. Power to arrest by member of Garda Síochána.

121.—A member of the Garda Síochána may arrest a person without warrant where the member reasonably suspects that the person is committing or has committed an offence under—

• (a) section 59(1) of the Transport Act 1950,

• (b) section 25(1) of the Transport (Miscellaneous Provisions) Act 1971, or

• (c) this Part.

PART 13 Procedural

122. Prosecution of summary offences.

122.—(1) Proceedings for an offence under this Act may be brought and prosecuted summarily by the Commission.

• (2) F135[…]

• (3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for any offence under this Act may be instituted at any time within 2 years after the date of the offence.

123. Offences by bodies corporate.

123.—Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

124. Cost of prosecutions.

124.—Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees or persons engaged by the Commission.

125. Service of notices, etc.

125.—(1) Where a notice, notification or direction is required under this Act to be given to or served on a person, the notice or direction shall be in writing and shall be addressed to that person and shall be given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or carries on business;

• (c) by sending it by post in a pre-paid registered letter or by any other form of recorded delivery service, addressed to the person at the address at which the person ordinarily resides or carries on business;

• (d) if an address for the service of notices, notifications or directions has been furnished by the person, by leaving it at, or sending it by pre-paid registered post or by any other form of recorded delivery service addressed to the person to, that address;

• (e) in any case where the Commission considers that the immediate giving of the notice, notification or direction is required, by sending it, by means of a facsimile machine or electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender's—

• (i) facsimile machine generates a message confirming successful transmission of the total number of pages of the notice, or

• (ii) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail.

• (2) For the purposes of this section, a company registered under the Companies Acts 1963 to 2005, shall be deemed to be ordinarily resident at its registered office and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

126. F136[Disclosure of records.

126. (1) The Investigation Unit, the Commission, a railway organisation or any other person concerned with the conduct of an investigation under section 53, an investigation under the Regulations of 2014 or with an inquiry under section 64 shall not disclose the following records to any other party for purposes other than such investigation or inquiry—

• (a) statements taken by an investigator, inspector, railway organisation or other person in the course of the investigation or inquiry,

• (b) medical or private information regarding persons involved in the accident or incident which is the subject of the investigation or inquiry,

• (c) voice or video recordings or transcripts of such recordings, data recordings or output from such recordings which are not relevant to the investigation or inquiry,

• (d) opinions expressed in the analysis of information, and

• (e) observations submitted to the Investigation Unit in accordance with Regulation 9(2)(c) of the Regulations of 2014 where the person who has submitted the observations so requests.

• (2) Notwithstanding subsection (1), the Commission or tribunal may disclose a particular record where it considers, in respect of the particular record, that the probable benefits to the public interest from such disclosure would outweigh any adverse impact of such disclosure on that investigation or inquiry or on any future investigation by the Commission, or railway organisation or an inquiry by a tribunal.

• (3) Subsection (1) shall not preclude the Investigation Unit, the Commission, a railway organisation or a tribunal from including such records in a report under the Regulations of 2014, under section 10, section 53 or section 64, respectively, where the information is pertinent to the analysis of the cause of an accident or incident or the recommendations arising from the investigation of or inquiry into such accident or incident.

• (4) Any record, other than a record under subsection (1), held by the Commission or a tribunal in the course of an investigation or inquiry shall not be made available by the Commission or tribunal to any other party except for the purposes of an investigation or inquiry until after the day of publication of a report by the Investigation Unit under Regulation 9(1) of the Regulations of 2014 or the finalisation of a report under section 53 unless the Commission or tribunal as the case may be deems it appropriate in the public interest to do so.

• (5) Information specified in subsection (1) shall–

• (a) where held by a railway organisation, be provided to the Commission or a tribunal on receipt of a request from the Commission or tribunal, and

• (b) where held by the Commission or a tribunal in relation to an investigation or inquiry relating to an international service, and where the Commission or the tribunal considers that there is benefit in so doing, be provided on receipt of a request from a relevant competent authority in another state, to such authority.

• (6) In this section, “tribunal” means a tribunal of inquiry under section 64.]

PART 14 Provisions Relating to Córas Iompair Éireann

127. Compulsory acquisition of land.

127.—Section 17 of the Transport Act 1950 is amended by substituting for subsections (1) and (2) the following:

• “(1) The Minister may, if and whenever he or she thinks fit, on the application of the Board, by order (‘Acquisition Order’) authorise the Board for the purpose of the exercise of its powers and duties or of the powers and duties of any of its subsidiary companies to—

  • (a) acquire compulsorily such land as may be specified in the order, or

  • (b) close, stop up, remove, alter, divert or restrict an existing means of crossing a railway as may be specified in the order.

• (2) An Acquisition Order—

  • (a) shall provide for the payment of compensation by the Board to the several persons having estates or interests in the land to which the order relates,

  • (b) shall provide that any question of disputed compensation shall be determined, subject to subsection (2A), under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 and, for this purpose, the Board is deemed to be a public authority within the meaning of that Act, and

  • (c) may incorporate all or any of the provisions of the Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper.

• (2A) An official arbitrator appointed under section 1 of the Acquisition of Land (Assessment of Compensation) Act 1919 shall—

  • (a) in assessing compensation for the closure, stopping up, removal, alteration or restriction of an existing means of crossing the railway, have regard to any new means of access provided by the Board to affected lands and where appropriate to any existing means of access (where restricted or otherwise) that remains, and

  • (b) have jurisdiction to make a nil award.”.

128. Matters relating to bye-laws, etc.

128.—The Transport Act 1950 is amended—

• (a) F137[…]

• (b) in section 22—

• (i) by inserting after paragraph (e) of subsection (1) the following:

• “(ee) for matters relating to the use and parking of vehicles on land belonging to or occupied by the Board including—

  • (i) the regulation of traffic generally, including, parking restrictions, direction of traffic and the maximum speed of traffic on such land,

  • (ii) the making of provision for the fixing of an immobilisation device to any vehicle which has been unlawfully parked in any place on such land, and

  • (iii) the regulation of small public service vehicles (within the meaning of section 3 of the Road Traffic Act 1961) at railways or the approaches thereto;”,

and

• (ii) by substituting for subsection (4) (as amended by section 6 of the Transport Act 1987) the following:

• “(4) Where a person contravenes a provision of bye-laws made under this section which is stated in the bye-laws to be a penal provision, he or she is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

• (4A) The liability of an offender to a penalty under subsection (4) of this section does not prejudice the recovery of any fare, tariff or fee payable by him or her to the Board for any damage caused by him or her to property of the Board.

• (4B) An offence under subsection (4) of this section may be prosecuted by the Board.”,

and

• (c) in section 59, by substituting for subsection (1) (as amended by section 7 of the Transport Act 1987) the following:

• “(1) A person who trespasses on any of the railways of or worked by the Board is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.”.

129. Powers of authorised officers.

129.—The following section is inserted after section 22 of the Transport Act 1950:

“22A.—(1) If an authorised officer reasonably suspects that a person—

• (a) is contravening or has contravened or is failing or has failed to comply with a provision of bye-laws made under section 22 of this Act which is stated in the bye-laws to be a penal provision,

• (b) is committing or has committed an offence under section 59(1) of this Act, section 25 of the Transport (Miscellaneous Provisions) Act 1971, or section 118 or 132 of the Railway Safety Act 2005,

• (c) is assaulting or has assaulted or is causing or has caused deliberate harm to another on railway property,

• (d) is causing or has caused wanton or deliberate damage to railway property,

• (e) is obstructing or has obstructed or is impeding or has impeded an authorised officer in the exercise of his or her duties under this section or any provision of bye-laws made under section 22 of this Act which is stated in the bye-laws to be a penal provision,

• (f) on any railway property is intoxicated or is committing or has committed an offence under section 15 of the Misuse of Drugs Act 1977, or

• (g) if requested by an authorised officer to cease such contravention or action or to so comply, fails to comply with the request,

he or she may—

- (i) using such reasonable force as the circumstances require, remove or escort the person from the railway property or any part of it,

- (ii) in circumstances where the officer considers it to be justified, arrest the person without warrant, or

- (iii) require the person to give his or her name and address and, if the person fails or refuses to do so or gives a name that the authorised officer reasonably suspects is false or misleading may arrest that person without warrant,

  and, if he or she is not a member of the Garda Síochána, deliver, as soon as practicable, the person, if arrested, into the custody of a member of the Garda Síochána to be dealt with according to law.

• (2) A person who fails or refuses to give his or her name or address when required under subsection (1) of this section, or gives a name or address which is false or misleading, is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

• (3) The Board may appoint such and so many persons as it considers necessary to be authorised officers for the purposes of this section or any provision of bye-laws made under section 22 of this Act which is stated in the bye-laws to be a penal provision.

• (4) An authorised officer, who is not a member of the Garda Síochána, is not entitled to exercise a power under this section unless he or she has received training and instruction, which, in the opinion of the Board is such as will provide guidance to him or her in the exercise of the power.

• (5) The Board shall endorse on the warrant it furnishes to an authorised officer under subsection (6) of this section a statement to the effect that the officer has received the training and instruction referred to in subsection (4) of this section.

• (6) An authorised officer, who is not a member of the Garda Síochána, shall, on his or her appointment under this section, be furnished by the Board with a warrant of his or her appointment as an authorised officer.

• (7) An authorised officer, who is not a member of the Garda Síochána, when exercising a power under this section shall be in uniform provided or authorised by the Board.

• (8) The arrest of a person under this section does not prejudice the re-arrest of the person by a member of the Garda Síochána.

• (9) An authorised officer, who is not a member of the Garda Síochána, may be referred to by the Board by such title as it decides.

• (10) In this section—

“authorised officer” means a person appointed under this section or a member of the Garda Síochána whose attendance is requested by an authorised officer or by the Board;

“railway property” means all land, buildings, railway infrastructure (within the meaning of the Railway Safety Act 2005), rolling stock and vehicles within the control of the Board.

• (11) In this section a reference to the committal of an offence or an act includes a reference to an attempt to commit the offence or the act.”.

130. Borrowing by CIE for capital purposes.

130.—(1) This section comes into operation on such day or days as the Minister may by order or orders appoint and different days may be so appointed for the coming into operation of different subsections.

• (2) The Transport Act 1964 is amended by substituting for section 5(2) (inserted by section 3 of the Transport Act 1985) the following:

• “(2) The aggregate at any one time of borrowings under this section which have not been repaid shall not exceed €600,000,000.”.

• (3) The State Guarantees (Transport) Act 1962 is amended by substituting for section 2(2) (inserted by section 4 of the Transport Act 1985) the following:

• “(2) The Minister shall not so exercise the powers conferred by subsection (1) of this section or by section 4(1) of the Transport Act 1974, that the amount, or the aggregate amount, of principal which he or she may at any one time be liable to pay pursuant to a guarantee or guarantees under this section or section 4 of the Transport Act 1974 (or under both those sections), and for the time being in force, together with the amount of principal (if any) which he or she has previously paid pursuant to any such guarantees and which has not been repaid, exceeds €600,000,000.”.

131. Failure to shut and fasten gates of level crossing or passage.

131.—Section 25 of the Transport (Miscellaneous Provisions) Act 1971 is amended by substituting for subsection (1) (as amended by section 8 of the Transport Act 1987) the following:

• “(1) Where a person fails to shut and fasten the gate of a level crossing or passage to which this section applies, as soon as he or she or any animal or vehicle under his or her care has passed through the level crossing or passage, he or she is guilty of an offence and is liable on summary conviction in respect of every such offence to a fine not exceeding €,1,000.”.

PART 15 Fare Evasion and Fixed Payment Notices

132. Penalty for avoiding payment of fare.

132.—(1) Every passenger of a F138[railway organisation] shall, on request by an officer or employee of a F138[railway organisation], produce, and if so requested, deliver up to the officer or employee a ticket showing that his or her fare is paid and, if the fare has not been paid, shall upon request—

• (a) pay, to the officer or employee—

• (i) his or her fare from the place where he or she started the journey by railway, or

• (ii) such other fare for non-payment of a fare as fixed by the undertaking,

as the officer or employee decides, or

• (b) give the officer or employee his or her name and address.

• (2) A passenger who fails—

• (a) to comply with a request under subsection (1) to deliver up a ticket,

• (b) to pay the fare required under subsection (1)(a), or

• (c) to give his or her name and address, if requested under subsection (1)(b),

is guilty of an offence.

• (3) A passenger who—

• (a) travels or attempts to travel on a railway of a F138[railway organisation] without having previously paid his or her fare, and with intent to avoid such payment,

• (b) having paid his or her fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid such payment, or

• (c) having failed to pay his or her fare, gives in reply to a request by an officer or employee of a F138[railway organisation] a false or misleading name or address,

is guilty of an offence.

• (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €1,000.

• (5) The liability of an offender to a penalty under this section does not prejudice the recovery of any fare payable by him or her.

133. Fixed payment notice.

133.—(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 22(4), 22A(2) or 59(1) of the Transport Act 1950, section 25(1) of the Transport (Miscellaneous Provisions) Act 1971, or section 118 or 132, he or she may serve the person with a notice (“fixed payment notice”) in the prescribed form stating that—

• (a) the person is alleged to have committed the offence,

• (b) the person may during the period of 21 days beginning on the date of the notice make to the F139[railway organisation] concerned at the address specified in the notice a payment of €100, or in lieu of that amount such other amount standing specified for the time being in regulations, accompanied by the notice, and

• (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) Where a fixed payment notice is given under subsection (1)—

• (a) a person to whom the notice applies may, during the period specified in the notice, make to the F139[railway organisation] concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

• (b) the F139[railway organisation] concerned may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In a prosecution for an offence under this Act the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.

• (4) A F139[railway organisation] may appoint such and so many persons as it considers necessary to be authorised officers for the purpose of subsection (1) generally or for specified purposes.

• (5) In this section—

“authorised officer” includes in relation to an offence under section 22(4), 22A(2) or 59(1) of the Transport Act 1950, section 25(1) of the Transport (Miscellaneous Provisions) Act 1971 or section 118 or 132 and in relation to railway property belonging to or under the control of Corás Iompair Éireann, an authorised officer appointed under section 22A (inserted by section 129) of the Transport Act 1950;

“prescribed” means prescribed by regulations made by the Minister.

PART 16 Light Railway and Metro

134. Amendment of Transport (Railway Infrastructure) Act 2001.

134.—(1) The following sections are substituted for section 66 of the Transport (Railway Infrastructure) Act 2001:

“Bye-laws.	66.—(1) Bye-laws may be made— (a) by the Agency, in relation to a railway, or (b) with the consent of the Agency, by a F140[railway organisation] in relation to a railway it operates or under its control, in relation to any one or more of the following matters— (i) the general regulation, subject to any statutory provisions in that behalf, of— (I) the travelling upon or use of a railway, (including a requirement to travel with a valid ticket or pass and the issue of such), or (II) the working of railway transport services by a F140[railway organisation], (ii) the prevention of the commission of nuisances in or upon a railway, (iii) the prevention of damage to railway infrastructure, (iv) the removal from or the prohibition of the use on a railway of any vehicle or thing which is or may become a danger to life, health, the operation or maintenance of a railway or would otherwise interfere with the proper operation of a railway, (v) the regulation of parking of vehicles on or adjacent to a railway, (vi) the safe custody and return or disposal of any property found on a railway, (vii) the repair, improvement, extension and development of a railway, (viii) subject to any statutory provisions in that behalf, the regulation of works that would affect the operation or maintenance of a railway or would otherwise interfere with the proper operation of a railway. (2) Bye-laws under this section may contain such incidental, subsidiary and ancillary provisions as the Agency or the F140[railway organisation] making the bye-laws, considers necessary or expedient for the purposes of the bye-laws. (3) The Agency, or, as the case may be, a F140[railway organisation] may provide for reasonable charges in respect of matters provided for in bye-laws made by it under this section. (4) Whenever, after the passing of the Railway Safety Act 2005, the Agency or a F140[railway organisation] proposes to make bye-laws under this section, the following provisions have effect— (a) the Agency or the undertaking, as the case may be, shall publish notice of the proposal at least once in at least 2 daily newspapers published in and circulating in the State or the area to which the bye-laws relate, (b) the notice shall include— (i) a statement of the purposes for which the bye-laws are to be made, (ii) an intimation that a copy of draft bye-laws is open for public inspection at the principal offices in the State of the Agency or the undertaking, as the case may be, (iii) an intimation that any person may submit to the Agency or the undertaking, as the case may be, objections to the draft bye-laws at any time during the period of 30 days commencing on the date of the first publication of the notice, (c) the Agency or the undertaking, as the case may be, shall, during that period of 30 days, keep a copy of the draft bye-laws open for public inspection during ordinary office hours at its principal offices, (d) any person who objects to the draft bye-laws may submit his or her objection to the Agency or the undertaking, as the case may be, in writing at any time during that period of 30 days and the Agency or the undertaking, as the case may be, shall consider the objections, and (e) on the completion of that period of 30 days, the Agency or the undertaking, as the case may be, shall as it thinks proper, refrain from making the bye-laws or make the bye-laws either without modification or with modification as it thinks proper. (5) Such details of bye-laws under this section shall be displayed on a railway, where practicable, in conspicuous places in such manner as— (a) the Agency, where the bye-laws are made by it, or (b) a F140[railway organisation], where the bye-laws are made by it, subject to any general direction of the Agency, considers best adapted for giving information to the public. The absence of any such display is not a defence to a contravention of or failure to comply with such bye-laws. (6) Bye-laws under this section shall not be made without the consent of the Minister. (7) Every bye-law made under this section, after the passing of the Railway Safety Act 2005, shall be laid, where they are made by the Agency, by the Agency and where they are made by a F140[railway organisation], by the F140[railway organisation], before each House of the Oireachtas, as soon as may be after it is made and, if a resolution annulling the bye-law is passed by either such House within the next 21 days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly, but without prejudice to anything previously done under it. (8) A person who contravenes or fails to comply with a bye-law under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000. (9) The liability of an offender to a fine under subsection (8) does not prejudice the recovery of any fare, tariff or fee payable by him or her to the Agency or a F140[railway organisation] for any damage caused by him or her to property of the Agency or a F140[railway organisation].
Immobilisation, removal, etc. of unlawfully parked vehicles.	66A.—(1) Where an authorised officer finds on or adjacent to a railway a vehicle which he or she believes— (a) is parked in contravention of bye-laws made under section 66, (b) is or may become a danger or a nuisance to persons, or (c) would otherwise interfere with the proper operation of a railway, he or she or a person acting under his or her direction may— (i) fix an immobilisation device to the vehicle while it remains in the place where he or she finds it, or (ii) move it from the place where he or she finds it (whether or not he or she has fixed an immobilisation device to it) to another place and, if he or she considers it necessary, fix an immobilisation device to it in that other place. (2) When fixing an immobilisation device to a vehicle, there shall also be affixed to the vehicle a notice in the prescribed form— (a) indicating that the device has been fixed to the vehicle and warning that an attempt should not be made to drive it or otherwise put it in motion until the device is removed, (b) specifying the steps to be taken to secure such removal, and (c) giving such other information (if any) as may be prescribed. (3) Subject to subsection (4), an immobilisation device that has been fixed to a vehicle under this section may be removed only by an authorised person or a person acting under his or her direction. (4) (a) An immobilisation device fixed to a vehicle under this section shall be removed or a vehicle moved under this section shall be released, only— (i) if the person seeking its removal or release shows to the satisfaction of an authorised person that he or she, is the owner of the vehicle or is authorised by its owner to seek such removal or release and pays the prescribed charge, (ii) for the purpose of the removal of the vehicle under section 97 of the Act of 1961, or (iii) for the purpose of moving the vehicle under subsection (1). (b) Where the owner of a vehicle which has been moved or to which an immobilisation device has been fixed under this section shows to the satisfaction of an authorised officer that the vehicle was parked while being used by a person other than the owner and that such use was not authorised by the owner, the authorised officer shall waive the prescribed charge and he or she or a person acting under his or her direction shall remove the immobilisation device from or release the vehicle. (c) An immobilisation device fixed to a vehicle under this section shall be removed from it or a vehicle moved under this section shall be released, as soon as is reasonably practicable, after the payment of the prescribed charge or after the waiver of such charge, as the case may be. (5) A notice affixed to a vehicle under this section shall not be removed or interfered with by a person other than the owner of the vehicle or a person authorised by such owner to use the vehicle and a person who contravenes this subsection is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000. (6) Charges may be prescribed for the purposes of this section for the removal of an immobilisation device or the release of a vehicle. (7) A person who— (a) obstructs or impedes an authorised officer, or a person acting under his or her direction, in the performance of his or her duties under this section, or (b) without being authorised to do so under this section, removes or attempts to remove from a vehicle an immobilisation device fixed to it under this section, is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000. (8) An immobilisation device shall not be fixed under this section to an ambulance, a fire brigade vehicle or any vehicle used by a member of the Garda Síochána or the Defence Forces, in the performance of his or her duties, in an emergency situation. (9) In this section— ‘immobilisation device’ means any device or appliance designed or adapted for fixing to a vehicle for the purpose of preventing it from being driven or otherwise put in motion; ‘prescribed’ means prescribed in regulations made by the Agency with the consent of the Minister; ‘vehicle’ has the same meaning as in the Act of 1961.
Powers of authorised officers.	66B.—(1) If an authorised officer reasonably suspects that a person— (a) is contravening or has contravened or is failing or has failed to comply with a bye-law made under section 66, (b) is committing or has committed on a railway an offence under section 64 or 65, (c) is assaulting or has assaulted or is causing or has caused deliberate harm to another on a railway, (d) is causing or has caused wanton or deliberate damage to railway infrastructure, (e) has contravened section 118 or 132 of the Railway Safety Act 2005, (f) is obstructing or has obstructed or is impeding or has impeded an authorised officer in the exercise of his or her duties under this section, section 66A, 66C, or under any bye-law made under section 66, (g) on any railway is intoxicated or is committing or has committed an offence under section 15 of the Misuse of Drugs Act 1977, or (h) if requested by an authorised officer to cease such contravention or action or to so comply, fails to comply with the request, he or she may— (i) using such reasonable force as the circumstances require, remove or escort the person from the railway or any part of it, (ii) in circumstances where the authorised officer considers it to be justified, arrest the person without warrant, or (iii) require the person to give his or her name and address and, if the person fails or refuses to do so or gives a name that the authorised officer reasonably suspects is false or misleading, arrest that person without warrant, and, if he or she is not a member of the Garda Síochána, deliver, as soon as practicable, the person, if arrested, into the custody of a member of the Garda Síochána to be dealt with according to law. (2) A person who fails or refuses to give his or her name or address when required under subsection (1), or gives a name or address which is false or misleading, is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000. (3) The Agency, or a F140[railway organisation] with the consent of the Agency, may appoint such and so many persons as it considers necessary to be authorised officers for the purposes of this section, section 66A, 66C or any bye-law made under section 66. (4) An authorised officer, who is not a member of the Garda Síochána, is not entitled to exercise a power under this section unless he or she has received training and instruction, which, in the opinion of the Agency is such as will provide guidance to him or her in the exercise of the power. (5) The Agency or a F140[railway organisation], as the case may be, shall endorse on the warrant it furnishes to an authorised officer under subsection (6) a statement to the effect that the officer has received the training and instruction referred to in subsection (4). (6) An authorised officer, who is not a member of the Garda Síochána, shall, on his or her appointment under this section, be furnished by the Agency or a F140[railway organisation], as the case may be, with a warrant of his or her appointment as an authorised officer. (7) An authorised officer, who is not a member of the Garda Síochána, when exercising a power under this section shall be in uniform provided or authorised— (a) where he or she is appointed by the Agency, by the Agency, or (b) where he or she is appointed by a F140[railway organisation], by the F140[railway organisation]. (8) The arrest of a person under this section does not prejudice the re-arrest of the person by a member of the Garda Síochána. (9) An authorised officer, who is not a member of the Garda Síochána, may be referred to— (a) where he or she is appointed by the Agency, by the Agency, or (b) where he or she is appointed by a F140[railway organisation], by the F140[railway organisation], by such title as it decides. (10) In this section a reference to the committal of an offence or an act includes a reference to an attempt to commit the offence or the act. (11) In this section ‘authorised officer’ means a person appointed under this section or a member of the Garda Síochána whose attendance is requested by an authorised officer or by the Agency or a F140[railway organisation].
Fixed payment notice.	66C.—(1) Where— (a) an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 64(1), 66(8) (for a contravention or failure to comply with a bye-law made under that section), 66A(5) or (6), or 66B(2) or section 118 or 132 of the Railway Safety Act 2005, or (b) a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 54(5), he or she may serve the person with a notice (‘fixed payment notice’) in the prescribed form stating that— (i) the person is alleged to have committed the offence, (ii) the person may during the period of 21 days beginning on the date of the notice make to the Agency or the F140[railway organisation] concerned, as the case may be, at the address specified in the notice a payment of €100, or in lieu of that amount such other amount standing prescribed for the time being, accompanied by the notice, and (iii) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. (2) Where a fixed payment notice is given under subsection (1)— (a) a person to whom the notice applies may, during the period specified in the notice, make to the Agency or the F140[railway organisation] concerned, as the case may be, at the address specified in the notice the payment specified in it and accompanied by the notice, (b) the Agency or the F140[railway organisation] concerned may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (3) In a prosecution for an offence under this Act the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant. (4) In this section ‘prescribed’ means prescribed in regulations made by the Minister.”.

• (2) Any bye-law made under section 66 of the Transport (Railway Infrastructure) Act 2001, which is in force immediately before the passing of this Act, continues in force as if made under section 66, inserted by subsection (1).

135. Increase of fines.

135.—Parts 4 and 5 of the Transport (Railway Infrastructure) Act 2001 are amended by substituting in—

• (a) section 54(6), “€1,600” for “€600 (£472.4)”,

• (b) section 56(2), “€5,000” for “€2,500 (£1,968.91)”,

• (c) section 59(3), “€1,600” for “€600 (£472.54)”,

• (d) section 60(4), €5,000” for “€2,000 (£1,575.13)”,

• (e) section 63(3), “€5,000” for “€2,000 (£1,575.13)”,

• (f) section 64(1), “€1,600” for “€600 (£472.54)”,

• (g) section 65, “€5,000” for “€2,000 (£1,575.13)”, and

• (h) section 67(2), “€1,600” for “€600 (£472.54)”.

136. Amendment of timeframe for submissions on railway order.

136.—Section 40 of the Transport (Railway Infrastructure) Act 2001 is amended by substituting for paragraph (iv) of subsection (1)(b)the following:

• “(iv) stating that the Minister will consider any submissions in relation to the proposed order or in relation to the likely effects on the environment of the proposed railway works which are submitted in writing to him or her by any person not later than 30 days after the end of the period specified in the notice referred to in subparagraph (ii), and”.

PART 17 Road Traffic — Bridge Strikes

137. Collective citation and construction (Part 17)

137.—The Road Traffic Acts 1961 to 2004 and this Part may be cited together as the Road Traffic Acts 1961 to 2005 and shall be construed together as one.

138. Bridge strikes.

138.—(1) In this section “structure” means any bridge, viaduct, subway, tunnel, underpass, overpass or flyover.

• (2) Where the height of a structure in a public place is indicated by means of a traffic sign, specified in regulations made under section 95(2) of the Road Traffic Act 1961, provided in accordance with those regulations on or in the vicinity of the structure, a person shall not drive or attempt to drive a mechanically propelled vehicle under the structure, where the height of the vehicle, including its load, if any, measured from the ground to its highest point is equal to or exceeds the height indicated in the traffic sign, so as to strike the structure.

• (3) A person who contravenes subsection (2) is guilty of an offence and is liable—

• (a) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or to both, or

• (b) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

• (4) Where a person driving a mechanically propelled vehicle referred to in subsection (2) strikes a structure where a traffic sign referred to in that subsection is provided and, whether or not any damage to the structure is apparent, where the person who owns or is in charge of or has use of the structure has provided in a conspicuous place a notice containing a telephone number to contact in the event of such a strike, he or she shall make such contact immediately after the occurrence of the strike. If the person is unable to make such contact immediately, he or she shall immediately notify a member of the Garda Síochána of the occurrence.

• (5) A person who, without reasonable excuse, fails to comply with subsection (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

• (6) Article 34 of the Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997) is revoked.

• (7) Part 4 of the First Schedule to the Road Traffic Act 2002 is amended by the deletion of the matter at reference number 26.

SCHEDULE 1 Enactments Repealed

Section 5.

Session and Chapter or Number and Year (1)	Short Title (2)	Extent of Repeal (3)
5 & 6 Vic. c. 55	Railway Regulation Act 1842	Sections 4, 5, 6 and 11
24 & 25 Vic. c. 97	Malicious Damage Act 1861	Section 35
31 & 32 Vic. c. 119	Regulation of Railways Act 1868	Section 22 and Part V
34 & 35 Vic. c. 78	Regulation of Railways Act 1871	Sections 3, 4, 5, 6, 7 (except in so far as it relates to an inquiry or investigation under section 7 which is not completed before its repeal) and 11
41 Vic. c. 20	Railway Returns (Continuous Brakes) Act 1878	The whole Act
52 & 53 Vic. c. 57	Regulation of Railways Act 1889	Sections 5 and 6
63 & 64 Vic. c. 27	Railway Employment (Prevention of Accidents) Act 1900	Section 13(2)
No. 29 of 1924	Railway Act 1924	Sections 58(2), (3), (4) and (5)
No. 19 of 1958	Transport Act 1958	Section 9
No. 14 of 1971	Transport (Miscellaneous Provisions) Act 1971	Sections 22 and 29
No. 27 of 1987	Transport Act 1987	Sections 10 and 11
No. 55 of 2001	Transport (Railway Infrastructure) Act 2001	Sections 11(1)(b), 51, 55 and 57

SCHEDULE 2 Functions Transferred from Minister to Commission

Section 12.

PART 1

Session and Chapter or Number and Year (1)	Short Title (2)	Provisions transferred to Commission (3)
8 Vic. c. 20	Railway Clauses Consolidation Act 1845	Section 47
26 & 27 Vic. c. 92	Railway Clauses Act 1863	Section 6
31 & 32 Vic. c. 119	Regulation of Railways Act 1868	Section 22 (as amended by section 9 of the Transport Act 1987)
52 & 53 Vic. c. 57	Regulation of Railways Act 1889	Sections 1 and 2
63 & 64 Vic. c. 27	Railway Employment (Prevention of Accidents) Act 1900	Sections 1 and 2
No. 24 of 1946	Local Government Act 1946	Section 60
No. 14 of 1993	Roads Act 1993	Section 15A(a)

PART 2

Regulations 15, 16 and 17 of the European Communities (Allocation of Railway Infrastructure Capacity and Charging of Infrastructure Fees) Regulations 1999 (S.I. No. 281 of 1999).