The Level Crossing (Cullybackey North) Order (Northern Ireland) 2023

Statutory Rules of Northern Ireland

2023 No. 9

Road And Railway Transport

The Level Crossing (Cullybackey North) Order (Northern Ireland) 2023

Made

27th January 2023

Coming into operation

20th February 2023

The railway undertaking made an application to the Department for Infrastructure(1) in accordance with section 66(4) of the Transport Act (Northern Ireland) 1967(2);

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;

The Department did not receive from that council any representation in respect of the said application;

The Department for Infrastructure makes the following Order in exercise of the powers conferred by section 66(1) and (2) of the Transport Act (Northern Ireland) 1967 and now vested in it(3).

Citation, commencement and interpretation N.I.

1.—(1) This Order may be cited as the Level Crossing (Cullybackey North) Order (Northern Ireland) 2023 and shall come into operation on 20^th February 2023.

(2) In this Order “the crossing” means the Cullybackey North Level Crossing in the Borough of Ballymena and the County of Antrim whereby the road known as Old Cullybackey Road is crossed by the railway between Ballymena and Ballymoney Stations (NI Grid Reference D 064 054).

Commencement Information

I1 Art. 1 in operation at 20.2.2023, see art. 1(1)

Suspension of statutory provisions N.I.

2.  While this Order remains in force—

(a) section 47 of the Railways Clauses Consolidation Act 1845(4) (requirements as to gates);

(b) section 6 of the Railways Clauses Act 1863(5) (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.

Commencement Information

I2 Art. 2 in operation at 20.2.2023, see art. 1(1)

Provision of equipment N.I.

3.  The railway undertaking shall at the crossing—

(a) provide, maintain and operate the barrier, lights, automatic and other devices, excluding traffic signs specified in Schedule 1, and shall give notice in writing to the Department for Infrastructure 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.

Commencement Information

I3 Art. 3 in operation at 20.2.2023, see art. 1(1)

Revocation N.I.

4.  The Level Crossing (Cullybackey North) Order (Northern Ireland) 1985(6) is hereby revoked.

Commencement Information

I4 Art. 4 in operation at 20.2.2023, see art. 1(1)

Sealed with the Official Seal of the Department for Infrastructure on 27th January 2023.

Chris Hughes

A senior officer of the Department for Infrastructure

Article 3 (a) and (b)

SCHEDULE 1 N.I. PARTICULARS 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. N.I.

Commencement Information

I5 Sch. 1 para. 1 in operation at 20.2.2023, see art. 1(1)

2.  A barrier shall be provided and pivoted as close to the railway on both sides of the road on each approach to the crossing. Barriers shall be aligned as parallel to the railway as practicable to reduce the crossing length. N.I.

Commencement Information

I6 Sch. 1 para. 2 in operation at 20.2.2023, see art. 1(1)

3.  It shall be possible to raise and lower the barriers. When lowered, the barriers shall be as nearly horizontal as possible and shall extend across the full width of the carriageway and the footway. N.I.

Commencement Information

I7 Sch. 1 para. 3 in operation at 20.2.2023, see art. 1(1)

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 under-clearance between the barrier and the road shall not exceed 1 metre. N.I.

Commencement Information

I8 Sch. 1 para. 4 in operation at 20.2.2023, see art. 1(1)

5.  When in the fully raised position, the barrier shall be inclined towards the carriageway 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 the edge of the footway further from the carriageway by less than 150mm. N.I.

Commencement Information

I9 Sch. 1 para. 5 in operation at 20.2.2023, see art. 1(1)

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. N.I.

Commencement Information

I10 Sch. 1 para. 6 in operation at 20.2.2023, see art. 1(1)

7.  The barriers shall be fitted with skirts so arranged that when the barriers are lowered the skirts fence in the space between the barrier and the ground. N.I.

Commencement Information

I11 Sch. 1 para. 7 in operation at 20.2.2023, see art. 1(1)

8.  Three electric lamps, or equivalent (light emitting diodes) each of not less than 5 watts nominal rating or equivalent and with lenses not less than 50mm diameter, shall be fitted to each barrier, one within 150mm of its tip and the other 2 equally spaced. When illuminated, the lamps shall show a red light in each direction along the carriageway. N.I.

Commencement Information

I12 Sch. 1 para. 8 in operation at 20.2.2023, see art. 1(1)

9.  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 length of each red band. N.I.

Commencement Information

I13 Sch. 1 para. 9 in operation at 20.2.2023, see art. 1(1)

10.  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. N.I.

Commencement Information

I14 Sch. 1 para. 10 in operation at 20.2.2023, see art. 1(1)

11.  A traffic light signal of the size, colour and type shown in Diagram 3104 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 light signal of the same type on the right-hand side of the road on each approach to the crossing so located to be either in line with or on the railway side of the stop line mentioned in paragraph 13. The traffic light signals on each side of the railway shall be positioned so as to face outwards from the crossing towards approaching traffic. All the signals shall be capable of directional adjustment. N.I.

Commencement Information

I15 Sch. 1 para. 11 in operation at 20.2.2023, see art. 1(1)

12.  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 shall operate to suit local day and night conditions. N.I.

Commencement Information

I16 Sch. 1 para. 12 in operation at 20.2.2023, see art. 1(1)

13.  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 carriageway on each approach to the crossing approximately 1 metre before the left-hand side traffic signal. Where this is not achievable due to crossing skew, the stop line shall be positioned in line with or in front of the duplicate traffic light signal. A stop line shall not be located behind a road traffic light signal in any circumstances. N.I.

Commencement Information

I17 Sch. 1 para. 13 in operation at 20.2.2023, see art. 1(1)

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

Commencement Information

I18 Sch. 1 para. 14 in operation at 20.2.2023, see art. 1(1)

15.  The centre line of the carriageway shall be marked on the crossing between the stop lines mentioned in paragraph 13 and for a distance of approximately 21 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. N.I.

Commencement Information

I19 Sch. 1 para. 15 in operation at 20.2.2023, see art. 1(1)

16.  The centre line shall be continued for a distance of approximately 24 metres on each side of the railway measured along the centre of the carriageway from the ends of the double continuous line mentioned in paragraph 15, with a reflectorised double line of the size, colour and type shown in Diagram 1013.1D in the Regulations wherein the continuous line is on the left-hand side of the broken line. N.I.

Commencement Information

I20 Sch. 1 para. 16 in operation at 20.2.2023, see art. 1(1)

17.  At least two carriageway markings of the size, colour and type shown in Diagram 1014 in the Regulations shall be marked on the carriageway in an appropriate position on the approach side of the road marking described in paragraph 16. N.I.

Commencement Information

I21 Sch. 1 para. 17 in operation at 20.2.2023, see art. 1(1)

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. N.I.

Commencement Information

I22 Sch. 1 para. 18 in operation at 20.2.2023, see art. 1(1)

19.  An additional traffic sign of the size, colour and type shown in Diagram 770 in the Regulations shall be provided on the left-hand side of the road approach for traffic leaving Fendale Park. Below this a traffic sign of the size, colour and type shown in Diagram 773 and 573 in the Regulations shall be provided facing traffic approaching the junction. N.I.

Commencement Information

I23 Sch. 1 para. 19 in operation at 20.2.2023, see art. 1(1)

20.  There shall be a signal control centre at Coleraine. A closed-circuit television camera shall be provided at the crossing and shall be connected to a viewing monitor adjacent to the crossing control point in the control centre. N.I.

Commencement Information

I24 Sch. 1 para. 20 in operation at 20.2.2023, see art. 1(1)

21.  The control point shall have push-buttons to: N.I.

(a) lower the barriers – the ‘lower’ push-button;

(b) raise the barriers – the ‘raise’ push-button;

(c) release the protecting signals – the ‘crossing-clear’ push-button; and

(d) stop the lowering or raising of the barriers – the ‘stop’ push-button.

Commencement Information

I25 Sch. 1 para. 21 in operation at 20.2.2023, see art. 1(1)

22.  Facilities shall be provided at the crossing to operate the barriers and other protective equipment. N.I.

Commencement Information

I26 Sch. 1 para. 22 in operation at 20.2.2023, see art. 1(1)

23.  Lighting shall be provided as necessary so that during the hours of darkness in conditions of normal visibility it can be seen from the control point that the crossing is clear whilst the barriers are being lowered, and until the ‘crossing-clear’ push-button is pressed. N.I.

Commencement Information

I27 Sch. 1 para. 23 in operation at 20.2.2023, see art. 1(1)

24.  Protecting railway signals shall be provided. Whilst the barriers are raised the railway signals will be set at danger and it shall not be possible to clear those signals. It will also be possible to raise the barriers from their positions across the carriageway by hand or under local control. N.I.

Commencement Information

I28 Sch. 1 para. 24 in operation at 20.2.2023, see art. 1(1)

25.  In this Schedule “ the Regulations” means the Traffic Signs Regulations (Northern Ireland) 1997(7). N.I.

Commencement Information

I29 Sch. 1 para. 25 in operation at 20.2.2023, see art. 1(1)

Article 3 (c)

SCHEDULE 2 N.I. CONDITIONS AND REQUIREMENTS TO BE COMPLIED WITH BY THE RAILWAY UNDERTAKING

1.  The carriageway shall be approximately 5.8 metres wide at the crossing. N.I.

Commencement Information

I30 Sch. 2 para. 1 in operation at 20.2.2023, see art. 1(1)

2.  The ground at the two edge of the carriageway over the crossing shall be made-up to the level of the carriageway for the distance of approximately 1.6 metres beyond the southern edge, forming a footway, and 1 metre beyond the northern edge, forming a run-off area. N.I.

Commencement Information

I31 Sch. 2 para. 2 in operation at 20.2.2023, see art. 1(1)

3.  The surface of the carriageway and footway/ run-off areas over the crossing shall be maintained in good and even condition. N.I.

Commencement Information

I32 Sch. 2 para. 3 in operation at 20.2.2023, see art. 1(1)

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. N.I.

Commencement Information

I33 Sch. 2 para. 4 in operation at 20.2.2023, see art. 1(1)

5.  The electric lamps or equivalent (light emitting diodes) on each barrier mentioned in Schedule 1 shall be lit at all times except when the barriers are in the fully raised position. N.I.

Commencement Information

I34 Sch. 2 para. 5 in operation at 20.2.2023, see art. 1(1)

6.  The crossing shall be illuminated during the hours of darkness to such a standard that the operator can ascertain in conditions of normal visibility that the crossing is clear before the barriers are fully lowered. N.I.

Commencement Information

I35 Sch. 2 para. 6 in operation at 20.2.2023, see art. 1(1)

7.  The protecting signals shall be controlled from the signalling control centre containing the crossing control point. N.I.

Commencement Information

I36 Sch. 2 para. 7 in operation at 20.2.2023, see art. 1(1)

8.  The picture of the crossing shall be exhibited on the television monitor before the sequence of events to close the crossing to road traffic begins. The picture shall continue to be exhibited until either the barriers are fully raised after the ‘raise’ push-button is pressed, or if automatic raising is in operation after the ‘crossing-clear’ push-button is pressed. N.I.

Commencement Information

I37 Sch. 2 para. 8 in operation at 20.2.2023, see art. 1(1)

9.  Visual indictors and an audible alarm shall be provided at the control point. The indicators shall show when: N.I.

(a) the main power supply is available;

(b) all barriers are fully raised;

(c) all the barriers are fully lowered;

(d) at least one of the intermittent red lights of the traffic light signals on each side of the railway is showing along the carriageway.

Commencement Information

I38 Sch. 2 para. 9 in operation at 20.2.2023, see art. 1(1)

10.  The audible alarm shall sound if: N.I.

(a) any barrier is horizontally dislocated when in the fully lowered position;

(b) the main power supply fails;

(c) all the red traffic light signals facing in one direction fail.

Commencement Information

I39 Sch. 2 para. 10 in operation at 20.2.2023, see art. 1(1)

11.  When the ‘lower’ push-button is pressed, or the train initiates the automatic lower sequence, the sequence of events to close the crossing to road traffic shall begin. The sequence shall be: N.I.

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

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

(c) 4 to 6 seconds later, the left-hand side barriers shall begin to descend and shall take a further 6 to 10 seconds to reach the lowered position;

(d) all boom lights shall illuminate when the first barrier moves out of the fully raised position;

(e) once the entrance barriers have reached the down position the right-hand side barriers shall then begin to descend taking 6 to 10 seconds to reach the lowered position;

(f) the audible warning shall stop when all the barriers are fully lowered;

(g) the train can then approach and pass over the crossing.

Commencement Information

I40 Sch. 2 para. 11 in operation at 20.2.2023, see art. 1(1)

12.  The arrangements shall be such that the protecting railway signals can only be cleared after the barriers are fully lowered and the ‘crossing clear’ push-button has been pressed. Unless the protecting signals have been cleared for another train, all the barriers shall rise simultaneously either after the ‘raise’ push-button has been pressed or automatically as soon as the train has passed clear of the crossing. N.I.

Commencement Information

I41 Sch. 2 para. 12 in operation at 20.2.2023, see art. 1(1)

13.  If a train overruns a protecting signal the arrangements shall be such that the red lights will immediately show omitting the amber sequence, the audible warning shall sound and all barriers remain in the raised position. N.I.

Commencement Information

I42 Sch. 2 para. 13 in operation at 20.2.2023, see art. 1(1)

14.  The intermittent red lights shall continue to show until the barriers have begun to rise and shall be extinguished before the barriers have risen to an angle of 45 degrees above the horizontal. N.I.

Commencement Information

I43 Sch. 2 para. 14 in operation at 20.2.2023, see art. 1(1)

15.  If, during the lowering sequence, both red road lights on any RTL are failed before the point in the sequence that the barriers are due to start lowering, then the barriers shall remain in the raised position. In this situation, the barriers can only be lowered from the local control unit until the fault is rectified. Once the barriers have begun to lower a further red light failure shall not stop or prevent them lowering. N.I.

Commencement Information

I44 Sch. 2 para. 15 in operation at 20.2.2023, see art. 1(1)

16.  If the barriers do not achieve the fully raised position within 10 seconds of starting to raise, then the barriers stop in their present positions. The red RTL’s shall re-illuminate and a failed indication and alarm is given at the supervising control centre. A further 2 seconds may be added if required to allow for relay operation. N.I.

Commencement Information

I45 Sch. 2 para. 16 in operation at 20.2.2023, see art. 1(1)

17.  A failure indication can only be extinguished when the barriers are either in the fully raised or fully lowered position. In the fully raised position, the failure indication shall only extinguish if the RTL’s are also extinguished. RTL’s shall be taken to be extinguished if the controls are set for them to be extinguished. No light proving is required. N.I.

Commencement Information

I46 Sch. 2 para. 17 in operation at 20.2.2023, see art. 1(1)

18.  If automatic lowering or raising should take an abnormally long time an audible and visual warning shall be given at the control point. N.I.

Commencement Information

I47 Sch. 2 para. 18 in operation at 20.2.2023, see art. 1(1)

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Order provides for the provision and maintenance of manually controlled barriers supervised by closed circuit television at Cullybackey North Level Crossing. 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 condition and requirements with which the railway undertaking is to comply in relation to the crossing.

This Order revokes the Level Crossing (Cullybackey North) Order (Northern Ireland) 1985, (S.R. 1985 No. 339).

(1)

S.I. 1999/283 (N.I.) Article 3(1)

(2)

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

(3)

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.) No. 1973 No. 504 Article 4 and to the Department for Regional Development by S.R. 1999 No. 481 Article 6(d) and Schedule 4 Part IV, the Department for Regional Development was renamed the Department for Infrastructure by virtue of section 1(6) of 2016 c.5 (N.I.).

(4)

1845 c.20

(5)

1863 c.92

(6)

S.R. 1985 No. 339

(7)

S.R. 1997 No. 386, as amended by S.R. 1999 No. 484