Railway Safety Act 2005

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Number 31 of 2005


RAILWAY SAFETY ACT 2005


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.

10.

Functions of Commission.

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.

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 undertakings.

37.

General duties of persons working on railways and other persons.

PART 4

Safety Management Systems and Safety Case

38.

Commencement (Part 4).

39.

Safety management systems and safety case.

40.

Co-operation between railway undertakings.

41.

International Services.

42.

Safety assessment of new works.

43.

Safety assessment of new rolling stock.

44.

Transfer of ownership.

45.

Submission and assessment of safety case.

46.

Acceptance of safety case by Commission.

47.

Compliance with safety case.

48.

Revision of safety case.

49.

Appointment of independent persons for assessments and audits.

50.

Safety audits.

PART 5

Reporting and Investigation of Railway Incidents

51.

“railway incident”.

52.

Reportable railway incidents.

53.

Investigations by railway undertakings.

54.

Reporting of risks, etc. by staff of railway undertakings and contractors.

55.

Railway Incident Investigation Unit.

56.

Chief Investigator and staff of the Investigation Unit.

57.

Independence of Investigation Unit.

58.

Investigations by Investigation Unit.

59.

Re-opening of investigation by Investigation Unit.

60.

Publication of report of investigations.

61.

Contents of report.

62.

Preparation of draft report and observations of affected persons.

63.

Recommendations of Investigation Unit.

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 undertakings.

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

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Number 31 of 2005


RAILWAY SAFETY ACT 2005


AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS, IN THE IRISH LANGUAGE, AN COIMISIÚN S?BH?ILTEACHTA 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 S?BH?ILTEACHTA 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: