64.—(1) A person who trespasses on a railway, that has been built pursuant to a railway order, and that is not on a public road or trespasses on any land, machinery or equipment used for the purposes of the railway, is guilty of an offence and shall be liable on summary conviction to a fine not exceeding F108[€1,600].

(2) Where a person is charged with an offence under this section in respect of a trespass—

(a) the fact that he or she had not received a personal warning shall not be a ground of defence,

(b) he or she shall not, in any case, be convicted of the offence unless the railway undertaking proves to the satisfaction of the Court that, at the date of the trespass there was affixed at the station of the railway undertaking nearest to the place where the trespass is alleged to have been committed a prominent notice in legible characters warning persons not to trespass on the railways of the railway undertaking.

(3) A person lawfully crossing a railway of a railway undertaking by means of any accommodation works maintained in pursuance of section 68 of the Railways Clauses Consolidation Act, 1845, does not commit an offence under this section.