Road and Rail Traffic Act 1933

Part I E+W+S

1—36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1–36 repealed by Road Traffic Act 1960 (c. 16), Sch. 18

Part II E+W+S Railway Traffic

37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 S. 37 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt.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

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 S. 38 repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt.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

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 S. 39 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt.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

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 S. 40 repealed by Statute Law Revision Act 1959 (c. 68)

F6 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F6 S. 41 repealed (5.4.1994) by Transport and Works Act 1992 (c. 42), ss. 68(1), Sch. 4 Pt.I; S.I. 1994/718, art. 2 (with saving in art. 3(1)) and subject to an amendment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

(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 [F7 level 1 on the standard scale] for each offence.

(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 M1 Railways Clauses Consolidation Act 1845, or section forty of the M2 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.

(3) So much of section forty-eight of the M3 Railways Clauses Consolidation Act 1845, and of section forty-one of the M4 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.

Textual Amendments

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

Modifications etc. (not altering text)

C1 S. 42 excluded (27.7.1993) by 1993 c. xv, s. 3(3)

S. 42 amended (2.2.1994) by virtue of 1993 c. 43, ss. 117(1)(6) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2

S. 42: power to repeal or modify conferred (2.2.1994) by 1993 c. 43, ss. 117(4)(g)(6), 150(1)(e); S.I. 1994/202, art. 2

S. 42 excluded (1.7.1994) by S.I. 1994/1761, art. 3(4)

S. 42 excluded (21.7.1994) by 1994 c. xi, s. 3(3)

S. 42 excluded (21.7.1994) by 1994 c. xv, s. 3(4)

Marginal Citations

M1 1845 c. 20.

M2 1845 c. 33.

M3 1845 c. 20.

M4 1845 c. 33.

F8 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

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 E+W+S

Textual Amendments

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

45 Interpretation of Part II. E+W+S

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

• [F10 “Carriageway” has the same meaning as in the Roads (Scotland) Act 1984;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

• “Minister” means the Minister of Transport;

• [F12 “Public road” has the same meaning as in the Roads (Scotland) Act 1984;]

• “Railway” includes a light railway, not being a light railway which is laid wholly or mainly along [F13 a public carriage way][F13 the carriageway of a public road]and is used wholly or mainly for the carriage of passengers;

• “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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

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

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

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

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)

Part III E+W+S General

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W+S

Textual Amendments

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

F15 47 Inquiries by Minister. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W+S

Textual Amendments

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

49 Short title, commencement and extent E+W+S

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

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

Textual Amendments

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