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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Private Crossings (Signs and Barriers) Regulations (Northern Ireland) 2014 No. 228 URL: http://www.bailii.org/nie/legis/num_reg/2014/nisr_2014228_en_1.html |
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Statutory Rules of Northern Ireland
Transport
Made
18th September 2014
Coming into operation
20th October 2014
The Department for Regional Development in exercise of the powers conferred on it by section 5 of, and Schedule 1 to, the Railway Safety Act (Northern Ireland) 2002(1) hereby makes the following Regulations:
1. These Regulations may be cited as the Private Crossings (Signs and Barriers) Regulations (Northern Ireland) 2014 and shall come into operation on 20th October 2014.
2. In these Regulations-
"crossing" means a level crossing;
"crossing operator" means an operator of a railway that is crossed in any place by a private road or path;
"the 2002 Act" means the Railway Safety Act (Northern Ireland) 2002;
"the 1997 Regulations" means the Traffic Signs Regulations (Northern Ireland) 1997(2)
3. Subject to the provisions of these Regulations, for the purposes of section 5 of, and Schedule 1 to, the 2002 Act, a crossing operator may cause or permit the placement on or near a private road or path of a crossing sign of a size, colour and type described and shown -
(a)in a diagram in Schedule 1; or
(b)in a diagram in Schedule 3 to the 1997 Regulations; or
(c)in one of the diagrams numbered 601.1, 602, 770, 771, 1001, 1002.1, 1003, 1003.2, 1004, 1004.1, 1005, 1005.1, 1008, 1008.1, 1010, 1012.1, 1013.1, 1014, 1022, 1023, 1026, 1044, 1045 in Schedules 2, 3 and 6 to the 1997 Regulations.
4. The back of any crossing sign shown in a diagram in Schedule 1 and any post or other structure specially provided for mounting the sign shall be coloured black or grey.
5. (1) Any variation in a dimension specified in Schedule 1 shall be treated as permitted by these Regulations if the variation is not more than 5% more or less than the dimension specified.
(2) In the diagrams in Schedule 1 the dimensions given are expressed in millimetres.
6. (1) Where the circumstances so require the indication given by a crossing sign as shown in a diagram in Schedule 1 may be varied in the respect (if any) shown below the diagram relating to that sign.
(2) Where a crossing sign in a diagram in Schedule 1 contains an indication as to the penalty relating to a failure to obey the requirements on that sign, the indication of the penalty may be varied when necessary to accord with changes in the legislation governing the nature and level of penalty.
7. (1) Subject to paragraph (2) and (3) of this regulation all parts other than the back of every crossing sign shown in a diagram in Schedule 1 shall be illuminated by means of retro reflecting material.
(2) Retro reflecting material shall not be applied to-
(a)any part of a crossing sign coloured black; or
(b)the red and green lights in the crossing signs shown in diagrams 107 and 108 and prescribed in regulation 8.
(3) Retro reflecting material need not be applied to a crossing sign at a crossing that is not used by motor vehicles.
8. (1) The crossing signs shown in diagrams 107 and 108 shall contain red and green lamps which are internally illuminated by a steady light in such a manner that-
(a)when one light is illuminated the other is not illuminated;
(b)the green lamp is and remains illuminated for so long as no railway vehicle is approaching the vicinity of the crossing from either direction; and
(c)the red lamp is and remains illuminated for so long as the green lamp is not illuminated.
(2) The lenses of the lamps shall be-
(a)circular and not less than 60 millimetres in diameter; or
(b)rectangular with each side measuring not less than 60 millimetres; and the distance between the edges of the lenses of the green lamp and the red lamp shall be not less than 40 millimetres.
(3) The information, warnings, requirements and prohibitions conveyed by the lamps described in paragraphs (1) and (2) shall be as follows-
(a)the red lamp when illuminated shall convey the warning that a railway vehicle is approaching the vicinity of the crossing and the prohibition that persons must not proceed across the crossing;
(b)the green lamp when illuminated shall convey the information that no railway vehicle is approaching the vicinity of the crossing and persons may proceed across the crossing;
(c)if neither the red nor green lamp is illuminated persons should either telephone the crossing operator or proceed across the crossing with caution after having ascertained that no railway vehicle is approaching the vicinity of the crossing in accordance with the instructions shown on the sign.
9. For the purposes of section 5 of, and Schedule 1 to, the 2002 Act, where a railway is crossed in any place by a private road or path, the operator of that railway may cause or permit a barrier to be placed on or near the private road or path near the crossing if it is, in the case of a gate, of the character described in Schedule 2, or, in the case of any other form of barrier, of the character described in Schedule 3.
10. The authority which these Regulations give for the placement of crossing signs relating to telephones at a crossing shall only apply where telephones are, or are to be, provided on both sides of the crossing and connected direct to the crossing operator.
11. The Private Crossings (Signs and Barriers) Regulations (Northern Ireland) 2007(3) are revoked.
Sealed with the Official Seal of the Department of Regional Development on 18th September 2014
Tom Reid
A senior officer of the Department for Regional Development
(Regulation 3)
Black lettering and border on white background
Instructions for Miniature Stop Light with barriers
Entry Raise Key Switch
Diagram 97
Black lettering and border on white background
Instructions for Miniature Stop Light with barriers
Exit Lower Plunger
Diagram 98
Black lettering and border on white background
Instructions for Miniature Stop Light with barriers
Entry Raise and Exit Lower Plungers
Diagram 99
Black lettering and border on white background
Sign indicating the penalty for failure to lower barriers at a vehicular crossing
Diagram 100
Black lettering on white background with red border
Warning sign for a non-vehicular crossing
Diagram 101
Upper section – White lettering on red background
Lower section – Black lettering on white background
Instructions for use at a vehicular crossing without a telephone
Diagram 102
Permitted variant: Telephone number of crossing operator may be added.
Upper Section – White lettering on red background
Lower Section – Black lettering on white background
Instructions for use at a vehicular crossing with a telephone
Diagram 103
Black lettering and border on white background
Operating instructions for barrier
Diagram 104
Black lettering and border on white background
Sign indicating the penalty for failure to shut the gate at a vehicular crossing
Diagram 105
Red background
Target for crossing gate
Diagram 106
Black lettering and border on white background
Sign for use with miniature stop lights at a crossing with a telephone
Diagram 107
Permitted variant: The lenses of the lamps may be rectangular instead of circular.
Black lettering and border on white background
Sign for use with miniature stop lights at a crossing without a telephone
Diagram 108
Permitted variant: The lenses of the lamps may be rectangular instead of circular.
Black lettering and border on white background
Instructions for use at a crossing with miniature stop lights and user-operated gates
Diagram 109
Black lettering and border on white background
Instructions for use at a crossing with miniature stop lights and user-operated barriers
Diagram 110
Black lettering and border on white background
Reminder at a crossing with user-operated gates
Diagram 111
Black lettering and border on white background
Reminder at a crossing with user-operated barriers
Diagram 112
Black lettering and border on white background
Instructions to non-vehicular traffic at a crossing with miniature stop lights
Diagram 113
Black lettering and border on white background
Instructions at a crossing with gates
Diagram 114
Black lettering on white background and red border
Supplementary sign for use with sign shown in Diagram 103 or 107,
where the crossing is used for animal traffic
Diagram 115
Black lettering on white background with red border
Warning sign for withdrawal of timetabled services
Diagram 116
Black border around upper, middle and lower sections;
Upper section – White lettering on red background;
Middle and lower section – Black lettering on a white background
Instructions for use at a crossing with an on-demand enhanced user operated crossing system and user operated gates
Diagram 117
Permitted variant: "barriers" instead of "gates"
Black lettering and border on white background (non-lit lamps)
Sign for use at a crossing with a fully automatic enhanced user operated crossing system and user operated gates or barriers
For use with sign shown in Diagram 109 or 110
Diagram 118
Black lettering and border on white background
Reminder at a crossing with a telephone
Diagram 119
(Regulation 9)
1. Where gates are used, each gate shall (by itself or with another gate on the same side of the railway) be long enough to extend across the full width of a private road or path, and shall be pivoted to open away from the railway.
2. When a gate is closed, the uppermost surface of the gate shall not be less than 1350 millimetres above the road surface at the centre of the private road or path and the under clearance between each gate and the road shall not exceed 150 millimetres. Where the private road or path is an unmetalled track, the under clearance between the gate and the ground shall be no greater than 150 millimetres than is reasonably necessary, having regard to the need to avoid the gate grounding during opening and closing movements.
3. Where a gate is not installed solely for use by pedestrians, it shall be furnished with suitable mechanisms for securing it in the open and in the closed positions.
4. So far as reasonably practicable, a gate shall be constructed so as to be strong enough to withstand distortion or fracture caused by wind pressure or by a farm animal, and, subject thereto, it shall be as light in weight as possible.
(Regulation 9)
1. Where barriers are used, they shall when lowered across a private road or path be long enough to extend either-
(a)across the full width of the private road or path, or
(b)from the left-hand side of the private road or path (as seen from a vehicle approaching the crossing) to a point as close as possible to the centre of the private road or path as is consistent with allowing a clear passage at least 3 metres wide between the tip of the barrier and the other side of the private road or path.
2. When a barrier is lowered its uppermost surface shall be not less than 900 millimetres above the road surface at the centre of the private road or path and the under clearance between a barrier and the road surface shall not exceed 1000 millimetres.
3. A barrier shall be provided with means to raise it and hold it in the raised position and means to release the holding mechanism. A barrier may be so linked with any other barrier at the crossing that the barriers can be raised or lowered simultaneously from either side of the crossing.
4. A cover shall be provided for each pivot post for the purposes of guarding against danger to any person from the operating mechanism and the moving parts of the barrier machine.
5. The barriers when lowered shall display on both front and rear faces alternate red and white bands each approximately 600 millimetres long and to the full depth of the barriers. A strip of retro reflecting material not less than 50 millimetres deep, in colour matching that of the bands, shall be provided along the full length of each band.
6. The barriers may be fitted with skirts which fence in the space between the barriers and the road surface. Skirts shall be of a light colour.
7. Electric lamps may be fitted to the barriers and each lamp shall show a red light, when illuminated, in each direction along the private road or path.
8. (1) So far as reasonably practicable-
(a)a barrier shall be constructed so as to be strong enough to withstand distortion or fracture, and
(b)a skirt fitted to a barrier shall be capable of withstanding damage, caused by wind pressure or by a farm animal.
(2) Subject to sub-paragraph (1) above, a barrier (with a skirt, if fitted) shall be as light in weight as possible.
(This note is not part of the Regulations)
Section 5 of, and Schedule 1 to, the Railway Safety Act (Northern Ireland) 2002 authorises the operator of a railway that is crossed by a private road or path to cause or permit the placement near the crossing of crossing signs or barriers that are prescribed in Regulations made by the Department for Regional Development.
These Regulations prescribe crossing signs and barriers for the purpose of section 5 and Schedule 1. Any person who fails to comply with any requirement, restriction or prohibition conveyed by a crossing sign lawfully placed on or near a private road or path near a place where it crosses a railway shall be guilty of an offence under the Railway Safety Act (Northern Ireland) 2002 and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1000).
These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 (O.J. No. L204, 21.7.98, p.37) as amended by European Parliament Council Directive 98/48 of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards regulations and of rules on Information Society services.
