Railway Safety Act 2005
Bridge strikes.
138.—(1) In this section “structure” means any bridge, viaduct, subway, tunnel, underpass, overpass or flyover.
(2) Where the height of a structure in a public place is indicated by means of a traffic sign, specified in regulations made under section 95(2) of the Road Traffic Act 1961, provided in accordance with those regulations on or in the vicinity of the structure, a person shall not drive or attempt to drive a mechanically propelled vehicle under the structure, where the height of the vehicle, including its load, if any, measured from the ground to its highest point is equal to or exceeds the height indicated in the traffic sign, so as to strike the structure.
(3) A person who contravenes subsection (2) is guilty of an offence and is liable—
(a) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or to both, or
(b) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.
(4) Where a person driving a mechanically propelled vehicle referred to in subsection (2) strikes a structure where a traffic sign referred to in that subsection is provided and, whether or not any damage to the structure is apparent, where the person who owns or is in charge of or has use of the structure has provided in a conspicuous place a notice containing a telephone number to contact in the event of such a strike, he or she shall make such contact immediately after the occurrence of the strike. If the person is unable to make such contact immediately, he or she shall immediately notify a member of the Garda Síochána of the occurrence.
(5) A person who, without reasonable excuse, fails to comply with subsection (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.
(6) Article 34 of the Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997) is revoked.
(7) Part 4 of the First Schedule to the Road Traffic Act 2002 is amended by the deletion of the matter at reference number 26.
Annotations
Editorial Notes:
E109
A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.
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.