Seanad debates

Wednesday, 23 November 2005

Railway Safety Bill 2001: Report and Final Stages.

 

11:00 am

Photo of Ivor CallelyIvor Callely (Dublin North Central, Fianna Fail)

Amendments Nos. 13 and 14 involve drafting changes. Amendment No. 13 proposes to simplify the text of the new section I introduced in amendment No. 48 on Committee Stage by removing the distinction between road and rail bridges. This issue was discussed in the House. The offence and reporting requirements regarding bridge strikes by heavy goods vehicles are the same whether the bridge is a road bridge or rail bridge.

Amendment No. 14 is a drafting amendment adding two new subsections. The new subsection (6) revokes Article 34 of the 1997 regulations, which makes it an offence for a driver to pass a regulatory height restriction sign if his or her vehicle exceeds the specified height. I am advised it is not appropriate in law to have two offences with different penalties relating to the same issue and therefore the revocation of Article 34 in this Bill will avoid the need to amend the regulations. The new subsection (7) is consequent on the revocation of Article 34.

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