Railway Safety Act 2005

Number 31 of 2005

RAILWAY SAFETY ACT 2005

REVISED

Updated to 29 May 2023

This Revised Act is an administrative consolidation of the Railway Safety Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Social Welfare (Child Benefit) Act 2023 (13/2023), enacted 25 May 2023, and all statutory instruments up to and including the Railway Safety Act 2005 (Section 26) Levy Order 2023 (S.I. No. 267 of 2023), made 29 May 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 31 of 2005

RAILWAY SAFETY ACT 2005

REVISED

Updated to 29 May 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section
1.	Short title.
2.	Interpretation.
3.	Laying of orders and regulations.
4.	Application.
5.	Repeals.
6.	Expenses.

PART 2

Railway Safety Commission

7.	Establishment day.
8.	Establishment of Railway Safety Commission.
9.	Independence of Commission.
9A.	Commission to operate in an open, non-discriminatory and transparent manner. (Repealed)
10.	Functions of Commission.
10A.	Safety authority. (Repealed)
11.	Conferral of additional functions.
12.	Transfer of functions.
13.	Policy directions by Minister to Commission.
14.	Members of Commission.
15.	Staff of Commission.
16.	Transfer of staff from Minister to Commission.
17.	Deputy member of Commission.
18.	Consultants and advisers.
19.	Membership of House of Oireachtas, European Parliament and local authorities.
20.	Disclosure of Interests.
21.	Disclosure of confidential information.
22.	Superannuation for members of Commission.
23.	Superannuation for staff of Commission.
24.	Resources made available by Minister.
25.	Grants to Commission.
26.	Levy.
27.	Borrowings.
28.	Accounts and annual report of Commission.
28A.	Report to European Railway Agency. (Repealed)
29.	Statement of strategy.
30.	Publication of reports of Commission.
31.	Accountability of Commission to Committees of Oireachtas.
32.	Premises of Commission.
33.	Seal of Commission.
34.	Commission to keep itself informed on certain matters.
35.	Provision of services.

PART 3

General Duties of Railway Undertakings, Persons Working on Railways and Other Persons

36.	General duties of railway organisations.
37.	General duties of persons working on railways and other persons.

PART 4

Safety Management Systems and Safety Case

38.	Commencement (Part 4).
38A.	Definitions and Scope (Part 4). (Repealed)
39.	Safety management systems and safety management document.
39A.	Targets for safety management systems. (Repealed)
39B.	Reports to Commission. (Repealed)
40.	Co-operation between railway organisations.
41.	International Services.
42.	Safety assessment of new works.
43.	Safety assessment of new rolling stock.
43A.	Placing in service rolling stock authorised in another Member State. (Repealed)
43B.	Maintenance of vehicles. (Repealed)
43C.	Certain certificates to be valid in State. (Repealed)
44.	Transfer of ownership.
45.	Submission and assessment of safety management document.
46.	Acceptance of safety management document by Commission.
46A.	Access to training facilities.(Repealed)
47.	Compliance with safety management document.
48.	Revision of safety management document.
49.	Appointment of independent persons for assessments and audits.
50.	Safety audits.
50A.	Safety rules. (Repealed)
50B.	Qualification. (Repealed)

PART 5

Reporting and Investigation of Railway Incidents

51.	“railway incident”. (Repealed)
52.	Reportable railway incidents. (Repealed)
53.	Investigations by railway organisations.
54.	Reporting of risks, etc. by staff of railway organisations and contractors.
55.	Railway Incident Investigation Unit. (Repealed)
56.	Chief Investigator and staff of the Investigation Unit. (Repealed)
57.	Independence of Investigation Unit. (Repealed)
58.	Investigations by Investigation Unit. (Repealed)
59.	Re-opening of investigation by Investigation Unit.(Repealed)
60.	Publication of report of investigations. (Repealed)
61.	Contents of report.(Repealed)
61A.	Annual safety report. (Repealed)
62.	Preparation of draft report and observations of affected persons. (Repealed)
63.	Recommendations of Investigation Unit. (Repealed)
64.	Tribunal of inquiry.
65.	Suspension of investigation by Investigation Unit where inquiry directed.
66.	Re-opening of inquiry.
67.	Inquest in case of railway incident.
68.	Transitional provision (opening of railways).

PART 6

Regulations and Review of Legislation

69.	Regulations.
70.	Regulations for protection of railway incident sites.
71.	Offence.
72.	Review of legislation by Commission.

PART 7

Enforcement

73.	Inspectors.
74.	Provision of records and other information.
75.	Requirement to give name and address, obstruction, arrest, offence.
76.	Improvement plan.
77.	Improvement notice.
78.	Prohibition notice.
79.	Application to High Court by Commission.
80.	Indemnification for actions in good faith.

PART 8

Railway Safety Advisory Council

81.	Appointed day.
82.	Railway Safety Advisory Council.
83.	Functions of Council.

PART 9

Intoxicants and Persons Working on Railway Infrastructure

84.	Commencement (Part 9).
85.	Interpretation (Part 9).
86.	Application (Part 9).
87.	Duties of safety critical workers and railway organisations.
88.	Codes of conduct, etc., in relation to intoxicants.
89.	Sampling for drugs.
90.	Disciplinary measures.
91.	Proof of certificate of analysis.

PART 10

Offences by Persons Working on Railway Infrastructure

Chapter 1

Preliminary

92.	Commencement, (Part 10).
93.	Definitions, (Part 10).
94.	Power of Garda Síochána to enter railway property and to stop train.
95.	Application and authorised persons.

Chapter 2

Intoxicants

96.	Functions of the Bureau in relation to analysis under Chapter.
97.	Offences involving intoxicants by persons working on railway property.
98.	Obligation to provide specimen of breath.
99.	Arrest without warrant.
100.	Obligation to provide specimen following arrest.
101.	Obligation to provide blood or urine specimen while in hospital.
102.	Detention of intoxicated persons where a danger to themselves or others.
103.	Procedure following provision of breath specimen under section 100.
104.	Procedure to be followed relating to specimens taken or provided.
105.	Procedure at Bureau regarding specimens.
106.	Frustrating prosecution.
107.	Evidence in proceedings under this Chapter.
108.	Defences.
109.	Penalties.

Chapter 3

Carelessly or dangerously working or working while unfit, on railway

110.	Careless working on railway.
111.	Dangerous working on railway.
112.	Medical fitness for duty.

PART 11

Works by Road Authorities, etc.

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

PART 12

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

114.	Unlawful use of railway.
115.	Deliberate or wanton damage to railway.
116.	Obligation to notify danger caused to railway.
117.	Obligation not to expose person to danger on railway.
118.	Unlawful use of system of communication between passengers and train drivers.
119.	Attempting to obstruct, damage or derail a train, etc.
120.	Penalty.
121.	Power to arrest by member of Garda Síochána.

PART 13

Procedural

122.	Prosecution of summary offences.
123.	Offences by bodies corporate.
124.	Cost of prosecutions.
125.	Service of notices, etc.
126.	Disclosure of records.

PART 14

Provisions Relating to Córas Iompair Eireann

127.	Compulsory acquisition of land.
128.	Matters relating to bye-laws, etc.
129.	Powers of authorised officers.
130.	Borrowing by CIE for capital purposes.
131.	Failure to shut and fasten gates of level crossing or passage.

PART 15

Fare Evasion and Fixed Payment Notices

132.	Penalty for avoiding payment of fare.
133.	Fixed payment notice.

PART 16

Light Railway and Metro

134.	Amendment of Transport (Railway Infrastructure) Act 2001.
135.	Increase of fines.
136.	Amendment of timeframe for submissions on railway order.

PART 17

Road Traffic — Bridge Strikes

137.	Collective citation and construction (Part 17).
138.	Bridge strikes.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Functions Transferred from Minister to Commission

Acts Referred to
Acquisition of Land (Assessment of Compensation) Act 1919	9 & 10 Geo. 5, c. 57
Companies Acts 1963 to 2005
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Coroners Act 1962	1962, No. 9
Data Protection Act 1988	1988, No. 25
European Parliament Elections Act 1997	1997, No. 2
Fire Services Act 1981	1981, No. 30
Freedom of Information Act 1997	1997, No. 13
Land Clauses Acts
Local Government Act 1946	1946, No. 24
Local Government Act 2001	2001, No. 37
Malicious Damage Act 1861	24 & 25 Vic., c. 97
Minimum Notice and Terms of Employment Acts 1973 to 2001
Misuse of Drugs Act 1977	1977, No. 12
Organisation of Working Time Act 1997	1997, No. 20
Petty Sessions (Ireland) Act 1851	14 & 15 Vic., c. 93
Planning and Development Act 2000	2000, No. 30
Railway Act 1924	1924, No. 29
Railway Clauses Act 1863	26 & 27 Vic., c. 92
Railway Clauses Consolidation Act 1845	8 Vic., c. 20
Railway Employment (Prevention of Accidents) Act 1900	63 & 64 Vic., c. 27
Railway Regulation Act 1842	5 & 6 Vic., c. 55
Railway Returns (Continuous Brakes) Act 1878	41 Vic., c. 20
Redundancy Payments Acts 1967 to 2003
Regulation of Railways Act 1868	31 & 32 Vic., c. 119
Regulation of Railways Act 1871	34 & 35 Vic., c. 78
Regulation of Railways Act 1889	52 & 53 Vic., c. 57
Regulation of Railways Acts 1840 to 1893
Road Act 1993	1993, No. 14
Road Traffic Act 1961	1961, No. 24
Road Traffic Act 1994	1994, No. 7
Road Traffic Act 2002	2002, No. 12
Road Traffic Acts 1961 to 2004
State Guarantees (Transport) Act 1962	1962, No. 25
Terms of Employment (Information) Act 1994	1994, No. 5
Transport Act 1950	1950, No. 12
Transport Act 1958	1958, No. 19
Transport Act 1964	1964, No. 30
Transport Act 1974	1974, No. 1
Transport Act 1985	1985, No. 15
Transport Act 1987	1987, No. 27
Transport (Miscellaneous Provisions) Act 1971	1971, No. 14
Transport (Railway Infrastructure) Act 2001	2001, No. 55
Unfair Dismissals Acts 1977 to 2001
Worker Protection (Regular Part-Time Employees) Act 1991	1991, No. 5

Number 31 of 2005

RAILWAY SAFETY ACT 2005

REVISED

Updated to 29 May 2023

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS, IN THE IRISH LANGUAGE, AN COIMISIÚN SÁBHÁILTEACHTA IARNRÓID, OR IN THE ENGLISH LANGUAGE, THE RAILWAY SAFETY COMMISSION, TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS, IN THE IRISH LANGUAGE, AN CHOMHAIRLE SÁBHÁILTEACHTA IARNRÓID, OR IN THE ENGLISH LANGUAGE, THE RAILWAY SAFETY ADVISORY COUNCIL, TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE GENERAL DUTIES OF RAILWAY UNDERTAKINGS AND PERSONS WORKING ON RAILWAYS AND OTHER PERSONS, TO PROVIDE FOR MEASURES TO PREVENT PERSONS FROM WORKING ON RAILWAYS WHO ARE UNFIT TO CARRY OUT THAT WORK THROUGH ALCOHOL OR DRUGS, TO PROVIDE FOR OFFENCES BY PERSONS WORKING ON RAILWAYS, TO PROVIDE FOR MATTERS RELATING TO CARRYING OUT WORKS ON PUBLIC ROADS IN THE VICINITY OF RAILWAYS, TO PROVIDE FOR OFFENCES AND OTHER MATTERS RELATING TO THE CONDUCT OF PERSONS ON RAILWAYS, TO PROVIDE FOR MATTERS RELATING TO CÓRAS IOMPAIR ÉIREANN, AND FOR THAT PURPOSE TO AMEND THE TRANSPORT ACT 1950 AND OTHER ENACTMENTS RELATING TO CÓRAS IOMPAIR ÉIREANN, TO PROVIDE FOR MATTERS RELATING TO LIGHT RAILWAYS AND METRO, AND FOR THAT PURPOSE TO AMEND THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001, TO REPEAL CERTAIN PROVISIONS OF THE REGULATION OF RAILWAYS ACTS 1840 TO 1893 AND OTHER ENACTMENTS RELATING TO RAILWAYS, TO AMEND THE ROAD TRAFFIC ACTS 1961 TO 2004, AND TO PROVIDE FOR RELATED MATTERS.

[18th December, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text)::

Terms “Railway Safety Commission”, “An Coimisiún Sábháilteachta Iarnróid”, and “Commissioner for Railway Safety” construed (29.02.2016) by Public Transport Act 2016 (3/2016), s. 4(1) and (2), S.I. No. 69 of 2016.

Change of name of Railway Safety Commission to Commission for Railway Regulation

4. (1) The name of the body (established by section 8 of the Railway Safety Act 2005 ) the present name of which is, in the English language, the Railway Safety Commission, and, in the Irish language, An Coimisiún Sábháilteachta Iarnróid, shall, on and from such day as the Minister for Transport, Tourism and Sport appoints by order, be, in the English language, the Commission for Railway Regulation, and in the Irish language, An Coimisiún um Rialáil Iarnróid.

(2) On and from the day appointed under subsection (1) any reference in the Railway Safety Act 2005 or in any other enactment, statutory instrument, legal proceedings or other document, to—

(a) the Railway Safety Commission, shall be construed as reference to the Commission for Railway Regulation,

(b) An Coimisiún Sábháilteachta Iarnróid, shall be construed as reference to An Coimisiún um Rialáil Iarnróid, and

...

Application of Act restricted (1.07.2014) by European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 (S.I. No. 258 of 2014), reg. 20, in effect as per reg. 4(11) and notice in Iris Oifigiúil of 24 June 2014, p. 937.

Application of Act of 2005

20. On and from the appointed day—

(a) subject to subparagraphs (b), (c) and (d) of this Regulation, the Act of 2005 does not apply in relation to the investigation of accidents and incidents by the Investigation Unit to which these Regulations apply,

(b) reference to Investigation Unit in each place it occurs in sections 2, 64, 65, 66, 89 and 126 of the Act of 2005 and any reference in any enactment to the Railway Accident Investigation Unit established under section 55 of the Act of 2005 is to be read as a reference to the Investigation Unit established under Regulation 4,

(c) reference to Chief Investigator in each place it occurs in sections 64(3), 65 and 70 of the Act of 2005 is to be read as a reference to the Chief Investigator appointed under Regulation 4, and

(d) reference in section 89(7) (as amended by Regulation 20(1)(d) of the Regulations of 2013) of the Act of 2005 to an investigation carried out by the Investigation Unit under section 58 is to be read as a reference to an investigation carried out by the Investigation Unit under the Regulations of 2014.

Application of Act restricted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 8(4).

Applications for safety certification or authorisation

8. ...

(4) The provisions in the Act of 2005 in respect of safety certification and safety authorisation do not apply to safety certification and safety authorisation that is required under the Directive in respect of the railway system in the State to which these Regulations apply.

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011, as substituted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.

Exemptions for emergency vehicles.

87.— [(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users.]

...

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2.

42.— ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Road Traffic Acts 1961 to 2010

...

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 31 of 2005	Railway Safety Act 2005	Sections 10(3), 11, 13(1), 24(1), 25, 26, 28, 32, 49(16), 64(1), (8) and (9) and 82(5) and (6)
...	...	...

Term “Commissioner” construed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(1), S.I. No. 255 of 2011.

Functions of Commissioner of Garda Síochána.

83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

...

Application of collectively cited Road Traffic Acts 1961 to 2006 restricted (4.05.2009) by Road Traffic (Specialised Vehicle Permits) Regulations 2009 (S.I. No. 147 of 2009), reg. 6(1)(b)(ii), in effect as per reg. 2.

Grant of specialised vehicle permits

6. (1) The Permits Officer may grant a specialised vehicle permit if— ...

(b) he or she is satisfied that— ...

(ii) the vehicle and that operation will not otherwise contravene the Road Traffic Acts 1961 to 2006, Regulations made under those Acts, or any other law.

...

Term “provisional licence” construed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 718 of 2007.

Learner permit.

11.— ...

(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.

...

C10

Application of collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 2, S.I. No. 384 of 2006.

Regulations to give effect to acts of European Communities.

2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—

(a) a provision of the treaties of the European Communities, or

(b) an act adopted by an institution of those Communities.

Revised Acts

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