Rail Users Regulation

Freight Rates and Fares

The Board of CIE has powers to fix charges including fares, rates and tolls.  This covers the full range of services including passenger and freight services.

The scale  of charges are to be submitted to the Minister for approval.  They may be amended from time to time.  The Minister may consider representations by interested parties.  There is provision for maximum charges which may be made.   An application may be made to the Minister to vary the maximum charges.

Classification of Merchandise

The Board of CIE may provide for a railway classification of merchandize, setting out charges for services for carriage of merchandize by rail. The classification of merchandize may be changed.

Where the Board agrees with a trader for the carriage of his merchandize or charges, it may agree a reasonable commutation of charges otherwise applicable and the Board may carry merchandize of that rate.

The Board of CIE is to keep for sale copies of its classification of merchandize and scale of charges.  They are to be available for public inspection at its principal offices and in each depot.

Terms of Carriage

The terms and conditions for carriage of merchandize by rail, prior to the 1944 legislation was continued by it.  There is provision for application to the Minister for alteration of the standard terms and condition.

Apart from the terms and conditions and subject to which merchandize shall apart from special contract be carried, the company’s risk conditions shall apply without any special conditions.  Where an owners’ risk rate is in operation, where the company has been requested in writing to carry the goods at that rate, the terms and conditions shall be the owners risk conditions.

The terms and conditions on which and subject to which damageable goods not properly protected by packaging if accepted for carriage shall be carried by rail, shall be the condition set out in the standard terms and conditions. The  company shall not be under any obligation to carry good not properly packaged. The  company may agree in writing terms and conditions of  things fit for the carriage of merchandize, livestock or dangerous good not properly protected by packaging.

No Monopoly Abuse

The Board of CIE shall not by rates or fares charged  or by facilities provided place one port in the state as an undue disadvantage as compared to another port in the State from or to which traffic is or may be carried.  The Board shall if required by an interest a person use all reasonable powers to provide a system of through booking with rates, fares and facilities by all reasonable routes.

No rebates commissions or  other allowances shall be given by the Board to traders when using ports in the State which are not given by the Board in similar circumstances to trader at or using any other port.

Carriage of  Dangerous Goods

The Transport Acts do not oblige CIE to accept dangerous goods for conveyance.  If they do accept dangerous goods, it is subject to such byelaws etc. ass hall be made.

The Board may make bylaws regulations and conditions in relation to the carriage of dangerous goods.

Persons transporting the same must indemnify the Board against all loss or damages it may incur or for  non-compliance with the bylaws, may shall pay full damages to any employees of the Board injured or in respect of property damaged.

Trespass on Railway

A person who trespasses on any railways operated by or under the Board is guilty of an offence and shall be liable on summary conviction originally to £2.  Later legislation has increased the penalties and added powers of arrest. A person who trespasses on railways is now liable on summary conviction to a fine not exceeding €1,000 subject to increase under Fines Act.

The Board of CIE must prove at the satisfaction of the court that at the date of the trespass there was affix to the station of the Board and at the level crossing next and nearest to the spot where the trespass was alleged to have been committed, a notice in legible characters warning persons not to trespass on the railways of the Board. The Transport Act 1950 provides that all permanent public notices maintained by the Board of CIE may be in Irish or in Irish and English.  The same applies to passenger tickets.

Persons lawfully crossing railways by means of accommodation at level crossings are not liable to a fine.

There is a separate offence of trespassing on a light railway, that is not on a public road.  This is subject to a fine on summary conviction of up to £1,500.  It is an offence to unlawfully use a light railway, use of vehicle on light railway with flange wheel suitable only for use on the rails for light railway.  It is an offence to obstruct the light railway.

Produce Ticket

Every passenger must, on request produce a ticket showing fare paid.  If not, he may pay the fare concerned or such other fixed fare as may be decided by the officer. In a prosecution the onus is on the passenger to prove he has paid a fixed penalty notice.

Failure to comply with the obligation to produce a ticket or pay the fare or give correct name or  address is an offence. A passenger who travels or attempts to travel is guilty of an offence.

The Transport Act 1950 provides that all permanent public notices maintained by the Board of CIE may be in Irish or in Irish and English.  The same applies to passenger tickets.

Closing Gates

A road user who fails to close the gate of a level crossing or passage as soon as he is finished passing, he is guilty of an offence subject on summary conviction to a fine up to €1000.

Misuse

A person who  uses or attempts to use a train without the consent of the railway undertaking is guilty of an offence.  It is subject on summary conviction to a fine up to €5,000 or six months imprisonment.

It is an offence to deliberately or wantonly cause damage to any railway property.  A person who causes a hazard or risk to persons by accidently or negligently causing any structure, vehicle or other thing to come to lie on railway infrastructure or overhang or protrude into its area must notify the railway undertaking or members of Garda Siochana.  Failure to do so is an offence.

It is an offence to deliberately or wantonly expose another to danger on a railway property. It is an offence to unlawfully use systems of communication between passengers and train drivers.  It is an offence without lawful authority deliberately or maliciously to obstruct, damage, or derail a train.

This includes placing anything on railway property, removing or displacing a rail, diverting point signals etc.  It is subject on conviction on indictment up to three years in prison or €100,000  fine or €5,000 or up to three months.

Offences

There is provision for fixed payment notices for offences. An authorised officer who has  reasonable grounds for believing a person has committed an offence under the above provisions may serve  a fixed payment notice.  If the person, within 21 days pays the fixed notice, generally €100 or prosecution is may not be instituted.

Proceedings for offences may be prosecuted by the Commission.  Where a person is convicted, of an offence, the court shall, unless there were special and substantial reasons not to do so, order the person to pay the Commission the costs and expenses incurred in carrying out tests, examinations, investigation, prosecution etc.