IE
(LRC Revised)
Statutory Text (1 Articles)
Number 31 of 2005
RAILWAY SAFETY ACT 2005
REVISED
Updated to 11 July 2025
Changes to legislation
as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries
here
. Note that some amendments may not be in force until commenced by a commencement order or other provision.
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
Supports for Survivors of Residential Institutional Abuse Act 2025
(7/2025), enacted 15 July 2025, and all statutory instruments up to and including
the
Railway Safety Act 2005 (Section 26) Levy Regulation 2025
(S.I. No. 314 of 2025), made 11 July 2025, 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 11 July 2025
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(Repealed)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(Repealed)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. 5
5
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 11 July 2025
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.
[18
th December
, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
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
(c) a Commissioner for Railway Safety, shall be construed as reference to a Commissioner
for Railway Regulation.
...
C2
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.
C3
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.
C4
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.
]
...
C5
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
...
C6
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)
...
...
...
C7
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.
...
C8
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.
...
C9
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.
Annotations
Modifications (not altering text)
C1
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
(c) a Commissioner for Railway Safety, shall be construed as reference to a Commissioner
for Railway Regulation.
...
C2
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.
C3
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.
C4
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.
]
...
C5
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
...
C6
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)
...
...
...
C7
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.
...
C8
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.
...
C9
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.
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