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Transport (Railway Infrastructure) Act 2001
F116[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 railway undertaking 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 railway undertaking, 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 railway undertaking, 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 railway undertaking, by the railway undertaking.
(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 railway undertaking, by the railway undertaking,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 railway undertaking.]
Annotations
Amendments:
F116
Inserted (18.12.2005) by Railway Safety Act 2005 (31/2005), s. 134(1), commenced on enactment. A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010;