Road and Rail Traffic Act 1933

UK - Reserved: Acts

Road and Rail Traffic Act 1933

Road and Rail Traffic Act 1933 (1933 c. 53)

1—36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1] Ss. 1–36 repealed by Road Traffic Act 1960 (c. 16), Sch. 18

Part II Railway Traffic

37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2] S. 37 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3] S. 38 repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4] S. 39 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5] S. 40 repealed by Statute Law Revision Act 1959 (c. 68)

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6] S. 41 repealed (5.4.1994) by Transport and Works Act 1992 (c. 42), ss. 68(1), Sch. 4 Pt.I; S.I. 1994/718, art. 2 (with saving in art. 3(1)) and subject to an amendment (21.7.1994) by 1994 c. xi, s. 3(3)

42 Amendments as to level crossings.

(1) The Minister, if upon an application made to him by the railway company concerned he is satisfied that it is expedient so to do, may direct that the gates on any level crossing over a public road shall, instead of being kept closed across the road, be kept closed across the railway, either constantly, or on such days, or during such portions of any day, as he thinks fit, and, if he so directs, the gates shall, notwithstanding anything in any Act (whether a public general Act or not) to the contrary, be kept closed in accordance with his direction, except when engines or vehicles passing along the railway have occasion to cross the road, and, if the person entrusted with the care of the gates fails to comply with the direction of the Minister, he shall on summary conviction be liable to a penalty of level 1 on the standard scale for each offence.

[F7] Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

(2) The powers conferred upon the Minister by the preceding subsection shall be deemed to be in addition to, and not in derogation of, any powers conferred upon him by section forty-seven of the Railways Clauses Consolidation Act 1845, or section forty of the Railways Clauses Consolidation (Scotland) Act 1845, or by any provision in a local and personal or private Act which relates to the closing of gates on level crossings.

[M1] 1845 c. 20.

[M2] 1845 c. 33.

(3) So much of section forty-eight of the Railways Clauses Consolidation Act 1845, and of section forty-one of the Railways Clauses Consolidation (Scotland) Act 1845, as requires that, where a railway crosses a road to which the section in question applies on a level adjoining to a station, all trains shall be made to slacken their speed before arriving at the road, and shall not cross it at a greater rate of speed than four miles an hour, and so much of any section of a local and personal or private Act as contains provisions substantially to the like effect, shall cease to have effect.

[M3] 1845 c. 20.

[M4] 1845 c. 33.

43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8] S. 43 repealed (26.2.1998) by Transport and Works Act 1992 (c. 42), ss. 68(1), Sch. 4 Pt.I; S.I. 1998/274, art. 2, Sch.

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9] S. 44 repealed by Statute Law Revision Act 1959 (c. 68)

45 Interpretation of Part II.

In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—

“Carriageway” has the same meaning as in the Roads (Scotland) Act 1984;

[F10] Definition inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 28(a)

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[F11] Definitions repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. I

“Minister” means the Minister of Transport;

“Public road” has the same meaning as in the Roads (Scotland) Act 1984;

[F12] Definition inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 28(b)

“Railway” includes a light railway, not being a light railway which is laid wholly or mainly along a public carriage waythe carriageway of a public roadand is used wholly or mainly for the carriage of passengers;

[F13] Words “the carriageway of a public road" substituted (S.) for “a public carriageway" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 28(c)

“Railway company” includes any person or body of persons whether incorporated or not, being the owner or owners or lessee or lessees of, or working, a railway;

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[F11] Definitions repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. I

Part III General

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14] S. 46 repealed by Transport Act 1947 (c. 49), Sch. 15 Pt. I

47 Inquiries by Minister.

[F15] S. 47 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 3, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

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48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16] Ss. 47(3), 48, 49(2) repealed by Statute Law Revision Act 1950 (c. 6)

49 Short title, commencement and extent

(1) This Act may be cited as the Road and Rail Traffic Act 1933.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17] Ss. 47(3), 48, 49(2) repealed by Statute Law Revision Act 1950 (c. 6)

(3) This Act shall not extend to Northern Ireland.

THIRD SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20] Sch. 3 repealed by Statute Law Revision Act 1950 (c. 6)