Railway Safety Act 2005

PART 11

Works by Road Authorities, etc.

Works on public roads in the vicinity of railway infrastructure.

113

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 F131 [ 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 F131 [ 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 F131 [ 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 F131 [ railway organisation ]— new works under section 42(15) .

Annotations:

Amendments:

F131

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d).

Editorial Notes:

E68

The undertaking referred to in subs. (3) appears to be a reference to a railway organisation in accordance with European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d), which provided for the substitution of “railway organisation” for “railway undertaking” in numerous sections including this one.