Mary Coughlan (Donegal South West, Fianna Fail)

This amendment relates to certain miniature railways operating in fair-ground-type situations which, because their gauge size is in excess of the 350 m, would otherwise fall within the scope of this Bill. These miniature railways are already covered by regulations made under section 239 of the Planning and Development Act 2000 and the Certification of Fairground Equipment Regulations 2003. Under section 239 and the related regulations all fairground equipment which includes military railways, must be certified as safe by an authorised person appointed by the Minister for the Environment, Heritage and Local Government. I am providing in this amendment that this Bill will not apply to such miniature railways unless the commission believes this is appropriate and that it should in a particular instance.

This gives direction to the commission to apply the provisions of the Bill where it seems that the risk involved in the operation of miniature railways is more akin to general railway risk than to a funfair.

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