Railway Safety Act 2005

Matters relating to bye-laws, etc.

128

128.The Transport Act 1950 is amended—

( a) F138 [ ]

( 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.”.

Annotations:

Amendments:

F138

Deleted (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 111(2), S.I. No. 291 of 2008.