Level Crossing (Damhead North) Order (Northern Ireland) 1998

Link to law: http://www.legislation.gov.uk/nisr/1998/141/made/data.htm?wrap=true
Published: 1998-04-03

Statutory Rules of Northern Ireland
1998 No. 141

ROAD AND RAILWAY TRANSPORT
Level Crossing (Damhead North) Order (Northern Ireland) 1998

Made
3rd April 1998

Coming into operation
15th May 1998

WHEREAS the railway undertaking made an application to the Department in accordance with section 66(4) of the Transport Act (Northern Ireland) 1967(1);
AND WHEREAS before making the application the railway undertaking gave notice in accordance with section 66(5) and (6) of that Act to the council in whose district the crossing is situated;
AND WHEREAS the Department did not receive from that council any representation in respect of the said application;

NOW THEREFORE the Department of the Environment, in exercise of the powers conferred by section 66(1) and (2) of the Transport Act (Northern Ireland) 1967 and now vested in it(2) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Level Crossing (Damhead North) Order (Northern Ireland) 1998 and shall come into operation on 15th May 1998.

(2) In this Order “the crossing” means the Damhead North Level Crossing in the townland of Damhead and County of Londonderry whereby the road known as Damhead Road is crossed by the railway between Ballymoney and Coleraine Stations.

Suspension of statutory provisions

2.  While this Order remains in force—

(a)section 47 of the Railways Clauses Consolidation Act 1845(3) (requirements as to gates);

(b)section 6 of the Railways Clauses Act 1863(4) (requirements as to lodges, etc.); and

(c)any other statutory provision imposing requirements to the same or similar effect as those contained in the enactments mentioned in paragraphs (a) and (b),

shall not apply in relation to the crossing.

Provision of automatic equipment

3.  The railway undertaking shall at the crossing—

(a)provide, maintain and operate the barriers, lights, automatic and other devices, excluding traffic signs specified in Schedule 1, and shall give notice in writing to the Department of the Environment as soon as the provision thereof is complete;

(b)secure the provision, maintenance and operation by that Department of the traffic signs specified in Schedule 1; and

(c)comply with the conditions and requirements specified in Schedule 2.

Amendment of the Level Crossings (Amendment) Order (Northern Ireland) 1982

4.—(1) Part II of the Schedule to the Level Crossings (Amendment) Order (Northern Ireland) 1982(5) shall be amended in accordance with paragraphs (2) and (3).

(2) In Column 1, the reference number “S.R. 1975 No. 121” shall be omitted.

(3) In Column 2, the words “Northern Ireland Railways (Damhead Level Crossing) Order (Northern Ireland) 1975, Schedule 3, paragraph (5)” shall be omitted.

Amendment of the Northern Ireland Railways (Public Level Crossings) (Amendment) Order (Northern Ireland) 1989

5.—(1) The Schedule to the Northern Ireland Railways (Public Level Crossings) (Amendment) Order (Northern Ireland) 1989(6) shall be amended in accordance with paragraphs (2) and (3).

(2) In Column 1, the reference “S.R. 1975 No. 121” shall be omitted.

(3) In Column 2, the words “Northern Ireland Railways (Damhead Level Crossing) Order (Northern Ireland) 1975, Schedule 3, paragraph (5).” shall be omitted.

Revocation

6.  The Northern Ireland Railways (Damhead Level Crossing) Order (Northern Ireland) 1975(7) is hereby revoked.

Sealed with the Official Seal of the Department of the Environment on

L.S.
J. Ritchie
Assistant Secretary
3rd April 1998.

Article 3(a) and (b)

SCHEDULE 1Particulars of the Barriers, Lights, Traffic Signs and other Devices

1.  Cattle-cum-trespass guards of standard railway design shall be provided adjacent to the ground which is made up to the level of the carriageway. The guards shall extend the full distance between the fence on each side of the railway.

2.  A barrier shall be pivoted as close to the railway as practicable on the left hand side of the road on each approach to the crossing.

3.  It shall be possible to raise and lower the barriers. When lowered, the barriers shall be as nearly horizontal as possible, be as nearly as possible at right angles to the centre line of the carriageway and shall extend across the left hand side of the road. The tip of each barrier shall extend to a point within 800mm of the centre of the carriageway and no closer than 150mm and a clear exit of at least 3 metres of carriageway width shall be left to the right hand edge of the carriageway.

4.  When the barriers are fully lowered their uppermost surfaces shall be not less than 900mm above the road surface at the centre of the carriageway and the underclearance between the barriers and the road surface shall not exceed 1 metre.

5.  When in the fully raised position the barriers shall be inclined towards the carriageway at an angle of between 5 and 10 degrees from the vertical. No part of either barrier or of any attachment thereto which is less than 5 metres above the level of the carriageway shall be horizontally displaced from the nearer edge of the carriageway by less than 450mm. No part of any barrier or any attachment thereto which in either case is less than 2 metres above the level of the footway shall normally be horizontally displaced from that edge of the footway further from the carriageway by less than 150mm.

6.  The barriers shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure. It shall be possible to raise them by hand. The barriers shall be at least 125mm deep at their mid-point and at least 75mm deep at their tip.

7.  Two electric lamps, each of not less than 5 watts nominal rating and with lenses of not less than 50mm diameter, shall be fitted to each barrier, one within 150mm of its tip and the other near its centre. When illuminated, the lamps shall show a red light in each direction along the carriageway.

8.  The barriers shall display on both front and rear faces alternate red and white bands each approximately 600mm long and to the full depth of the barriers. A band of red retro-reflecting material not less than 50mm deep shall be provided along the full length of each red band.

9.  Suitable screening shall be provided for each barrier machine to guard against danger to persons from the operating mechanisms and moving parts of the machine.

10.  A traffic light signal as prescribed by diagram 3014 of the Regulations shall be provided on the left hand side of the road on each approach to the crossing and as close as practicable to the barrier. There shall be an additional traffic signal of the same type on the right hand side of the road on each approach to the crossing so located as to be either in line with or on the railway side of the stop line mentioned in paragraph 12. The traffic light signals on each side of the railway shall be positioned so as to face outwards from the crossing towards approaching road traffic. All the signals shall be capable of directional adjustment.

11.  An audible warning device shall be provided on or adjacent to each left hand side traffic light signal post on each approach to the crossing. Facilities shall be provided to reduce the sound output of these devices and any reduced sound output of these devices shall operate between 23.30 hours and 07.00 hours approximately.

12.  A reflectorised stop line of the size and type shown in diagram 1001 in the Regulations shall be provided across the left hand side of the carriageway on each approach to the crossing approximately 1 metre before the left hand side traffic light signal.

13.  A reflectorised pedestrian stop line of the size and type shown in diagram 1003.2 in the Regulations shall be provided across the right hand side of the carriageway on each approach to the crossing and any made-up ground on both sides of the carriageway on both sides of the railway. The line shall be not less than 1 metre before the right hand side traffic light signal and not nearer than 2 metres to the running edge of the nearest rail and shall be as nearly possible at right angles to the centre line of the carriageway.

14.  Where the road passes over the crossing, reflectorised edge of carriageway road markings of the size and type shown in diagram 1012.1 in the Regulations shall be provided along each edge of any made-up ground along each edge of the carriageway.

15.  The centre line of the carriageway shall be marked on the crossing between the stop lines mentioned in paragraph 12 and for a distance of 12 metres on each side of the railway measured along the centre of the carriageway from stop lines with a reflectorised double continuous line road marking of the size and type shown in diagram 1013.1A in the Regulations. The centre line shall be continued for a distance of 24 metres on each side of the railways measured along the centre of the carriageway from the ends of the double continuous line with a reflectorised continuous line and a broken line on its right hand side of the size and type shown in diagram 1013.1D in the Regulations.

16.  A traffic sign of the size, colour and type shown in diagram 775 in the Regulations shall be provided on each primary and duplicate primary road traffic light signal post and shall face outwards from the crossing towards approaching road traffic.

17.  A traffic sign of the size, colour and type shown in diagram 784 in the Regulations shall be provided on the left hand side of each road approach to the crossing facing traffic approaching the crossing. Below this a traffic sign of the size, colour and type shown in diagram 786 in the Regulations shall be provided facing traffic approaching the crossing.

18.  A traffic sign of the size, colour and type shown in diagram 770 in the Regulations shall be provided on the left hand side of each road approach to the crossing facing traffic approaching the crossing. Below this a traffic sign of the size, colour and type shown in diagram 773 in the Regulations shall be provided facing traffic approaching the crossing.

19.  A traffic sign of the size, colour and type shown in diagram 786 in the Regulations shall be provided on the left hand side of the road on each side of the railway facing traffic leaving the crossing.

20.  A telephone mounted in a weather-proof box connected to the monitoring Signal Box at Coleraine shall be provided on or adjacent to each duplicate primary road traffic light signal post. A traffic sign of the size, colour and type shown in diagram 787 in the Regulations shall be provided on the face of the telephone case.

21.  Two independent power supplies shall be provided at the crossing, one of which may consist of standby batteries of sufficient capacity to operate the whole installation for 12 hours.

22.  In this Schedule—

“the Regulations” means the Traffic Signs Regulations (Northern Ireland) 1997(8).

Article 3(c)

SCHEDULE 2Conditions and Requirements to be Complied with by the Railway Undertaking

1.  The carriageway shall be at least 6.0 metres wide at the crossing.

2.  The ground at the two edges of the carriageway over the crossing shall be made up to the level of the carriageway for a distance of not less than 1 metre beyond each edge.

3.  The surface of the carriageway over the crossing shall be maintained in good and even condition.

4.  The barriers shall be kept in the fully raised position except during the time when engines, carriages or other vehicles passing along the railway have occasion to cross the road.

5.  The electric lamps on each barrier mentioned in Schedule 1 shall be lit at all times except when the barriers are in the fully raised position.

6.  If the road approaches to the crossing are lit the crossing shall be lit to at least the same standard.

7.  Visual indicators and an audible alarm shall be provided in the monitoring Signal Box. The indicators shall show when the barriers are raised and when the main power supply is available, and the alarm shall sound if a period of approximately 3 minutes elapses and there is no indication that the barriers are raised.

8.  The barriers, the audible warning devices and the traffic light signals mentioned in Schedule 1 shall be activated automatically, as described in paragraph 9, by the approach of a train but means shall also be provided at the crossing for their manual operation and control.

9.  When the train either occupies a track circuit or operates a treadle the audible warning devices and the traffic light signals shall begin to operate and the barriers shall be lowered in accordance with the following sequence—

(a)the amber lights shall show and the audible warning shall begin. The lights shall show for approximately 3 seconds;

(b)immediately the amber lights are extinguished the intermittent red lights shall begin to show;

(c)4 to 8 seconds later, the barriers shall begin to descend and shall take a further 6 to 8 seconds to reach the lowered position;

(d)not less than 27 seconds shall elapse between the time when the amber lights first show and the time when the train reaches the crossing;

(e)the intermittent red lights shall continue to show and the audible warning device shall continue to sound until the barriers have begun to rise and all said lights and devices shall be switched off before the barriers have risen to an angle of 45 degrees above the horizontal. However, if the barriers have not fully risen within 7.5 seconds of having started to rise then the red road lights will be illuminated until both barriers are proved fully up.

10.  Both barriers shall rise as soon as possible after the train has passed the crossing.

11.  In the event of the failure of both intermittent red lights in any of the road traffic signals, when the intermittent red lights should be shown, both barriers shall descend immediately (if not already lowered) and shall remain lowered.

12.  Should a total power failure occur both barriers shall descend under gravity or remain lowered as the case may be. If after the barriers have begun to lower one barrier fails to reach the fully lowered position, neither barrier shall rise until both have been fully lowered.

13.  If either barrier fails to rise from the lowered position the intermittent red lights shall continue to show, provided a total power failure has not occurred.

Explanatory Note

(This note is not part of the Order.)
This Order provides for the provision and maintenance of an updated automatic half barrier crossing at the Damhead North railway level crossing in place of the existing automatic half barrier provided under the Northern Ireland Railways (Damhead Level Crossing) Order (Northern Ireland) 1975. Section 47 of the Railways Clauses Consolidation Act 1845 (which requires the railway undertaking to provide gates and gate-keepers), section 6 of the Railways Clauses Act 1863 (requirements as to lodges, etc.) and any other statutory provision imposing requirements to the same or similar effect, shall not apply to the crossing whilst this Order remains in force.
Schedule 1 sets out the particulars of barriers, lights, traffic signs and other devices which are to be provided at the crossing. Schedule 2 states the conditions and requirements with which the railway undertaking is to comply in relation to the crossing.
This Order revokes the Northern Ireland Railways (Damhead Level Crossing) Order (Northern Ireland) 1975 and makes consequential amendments to the Level Crossings (Amendment) Order (Northern Ireland) 1982 and the Northern Ireland Railways (Public Level Crossings) (Amendment) Order (Northern Ireland) 1989.


(1)
1967 c. 37 (N.I.); section 66 was substituted by S.I. 1984/1986 (N.I. 15) Art. 15 and amended by S.I. 1990/994 (N.I. 7) Sch. 2

(2)
The functions of the Ministry of Development under the Transport Act (Northern Ireland) 1967 transferred to the Department of the Environment by S.R. & O. (N.I.) 1973 No. 504 Art. 4

(3)
1845 c. 20

(4)
1863 c. 92

(5)
S.R. 1982 No. 156

(6)
S.R. 1989 No. 225

(7)
S.R. 1975 No. 121

(8)
S.R. 1997 No. 386
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