Statutory Instruments

S.I. No. 101 of 2004

LIGHT RAILWAY (REGULATION OF WORKS) BYE-LAWS 2004

STATUTORY INSTRUMENTS

S.I. No. 101 of 2004

LIGHT RAILWAY (REGULATION OF WORKS) BYE-LAWS 2004

The Railway Procurement Agency, in exercise of the powers conferred on it by section 66 (1) of the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001), hereby makes the following bye-laws.

Citation

1.         These Bye-laws may be cited as the Light Railway (Regulation of Works) Bye-laws 2004.

Definitions

2.         In these Bye-laws -

“applicant” means, in respect of any relevant works, the person who provides that the relevant works are carried out;

“authorised person” means any officer, employee or agent of an operator acting in the execution of his or her duty upon or in connection with a light railway or any member of the Garda Síochána whose attendance is requested on a light railway by an authorised person;

“operator” means the Railway Procurement Agency or such other person with whom the Agency has made arrangements under section 43(6) of the Transport (Railway Infrastructure) Act 2001 to operate a light railway;

“relevant works” means any works that materially affect the management, control, operation and regulation of a light railway other than -

(a)        works carried out by an operator or its officers, employees or agents,

(b)        works carried out by any person or body, including a local authority, providing services to the public generally or to any section or member of the public pursuant to any powers and duties in that behalf contained in any statute or pursuant to any licence or permit granted pursuant to any statute,

(c)        works regulated by section 63 of the Transport (Railway Infrastructure) Act 2001 .

Regulation of works

3.         The permission of the operator concerned shall be required in respect of any relevant works.

4.         A person shall not carry out any relevant works except in accordance with these Bye-laws and a works access permit that has issued in respect of them.

5.         Unless authorised to do so by a works access permit or otherwise authorised by an operator, a person shall not place or use any vehicle or thing on a light railway in a manner that is or may become a danger to life, health, the operation and maintenance of the light railway or would otherwise interfere with the proper operation of the light railway.

6.         (1)        An applicant shall apply to the operator concerned for a works access permit in a form and at a time as the operator may direct from time to time or, where no such direction has been given by the operator, in writing and within a reasonable period of time before the relevant works are due to commence.

(2)        An operator may require an applicant to submit evidence of insurance, a method statement, a risk assessment and any other information in relation to the relevant works that might reasonably be required by the operator in assessing the application for a works access permit.

7.         An operator may charge a reasonable fee for assessing an application for a works access permit.

8.         Where an application for a works access permit is made, an operator may decide to issue a works access permit subject to or without conditions, request further information in relation to the relevant works or refuse a works access permit.

9.         When making its decision in relation to an application for a works access permit, an operator shall consider the nature of the relevant works, the impact of the relevant works on the light railway, the safety of persons affected by the relevant works and any other relevant consideration.

10.       An operator shall issue its decision on an application for a works access permit within a period of 2 weeks beginning on the date of receipt by the operator of the application for a works access permit.

11.       Where an operator, within 2 weeks of receipt of an application for a works access permit, requests further information under Bye-law 8 of these Bye-laws, the operator shall make its decision on the application within 2 weeks of the further information requested being supplied.

12.       Where an operator refuses a works access permit, it shall issue reasons to the applicant for such refusal.

13.       The operator may include such reasonable conditions as it sees fit in any works access permit, including, without prejudice to the foregoing generality, conditions for the following -

(a)        payment of a deposit or bond by the applicant,

(b)        payment of compensation by the applicant in respect of disruption to a light railway as a result of the relevant works,

(c)        payment by the applicant of professional fees reasonably incurred by the operator in connection with the relevant works,

(d)        that no light rail vehicle shall operate within a specified distance of the relevant works,

(e)        that the supply of electricity to any part of a light railway shall be turned off during the relevant works,

(f)         that any person who will be on a light railway as part of the relevant works receive suitable safety training,

(g)        the times during which the relevant works may be done,

(h)        the form and time of notice to be given to the operator of the commencement or completion of the relevant works,

(i)         the maximum levels of noise or dust or other substance that may be produced by the relevant works,

(j)         the appointment of a competent person to supervise the relevant works.

(2)        A works access permit shall state if the operator or the applicant is the person responsible for complying with any condition contained therein.

14.       (1)        A person on a light railway on foot of a works access permit shall comply with these Bye-laws and any conditions contained in the relevant works access permit.

(2)        An applicant shall ensure that any person on a light railway on foot of a works access permit that has issued to that applicant will comply with these Bye-laws and any conditions contained in the relevant works access permit.

15.       An authorised person may issue reasonable directions to any person on a light railway on foot of a works access permit and that person shall comply with such directions.

16.       An operator may, by notice to the applicant, suspend or terminate a works access permit where any of the conditions contained in it or any of these Bye-laws have been contravened or where there is, in the reasonable opinion of the operator, a likelihood that any of the conditions contained in it will be contravened or for reasons of safety.

17.       An applicant shall effect and keep in force such public liability, employer's liability and other policies of insurance as may be necessary to indemnify the applicant against any claim arising in connection with the relevant works and shall extend such policy or policies so that the operator is indemnified in the same manner as the applicant.

18.       An operator may take any reasonable steps to remove any vehicle or thing which is or may become a danger to life, health, the operation and maintenance of a light railway or would otherwise interfere with the proper operation of a light railway.

19.       A person reasonably suspected by an authorised person of contravening or attempting to contravene any of these Bye-laws shall leave a light railway as soon as possible if asked to do so by an authorised person.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Instrument sets out Bye-laws made by the Railway Procurement Agency for the regulation of works affecting a light railway within the meaning of the Transport (Railway Infrastructure) Act 2001 .