Road and Rail Traffic Act 1933

1933 CHAPTER 53 23 and 24 Geo 5

An Act to make provision for regulating the carriage of goods on roads by motor vehicles and for controlling the use of vehicles on certain roads; to amend certain provisions of the Road Traffic Act 1930; to amend the law relating to railways and to make provision for constituting a council to advise on questions in connection with the means of, and facilities for, transport; and for purposes connected with the matters aforesaid.

[17th November 1933]

Commencement Information

I1Act not in force at Royal Assent by s. 49(2) (now repealed)

Part IE+W+S

1—36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

Textual Amendments

F1Ss. 1–36 repealed by Road Traffic Act 1960 (c. 16), Sch. 18

Part IIE+W+S Railway Traffic

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

Textual Amendments

F2S. 37 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

Textual Amendments

F3S. 38 repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S

Textual Amendments

F4S. 39 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S

Textual Amendments

F5S. 40 repealed by Statute Law Revision Act 1959 (c. 68)

F641. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F6S. 41 repealed (5.4.1994) by Transport and Works Act 1992 (c. 42), ss. 68(1), Sch. 4 Pt.I; S.I. 1994/718, art. 2 (with saving in art. 3(1)) and subject to an amendment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 [F7level 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 M1Railways Clauses Consolidation Act 1845, or section forty of the M2Railways 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 M3Railways Clauses Consolidation Act 1845, and of section forty-one of the M4Railways 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

F7Words 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)

C1S. 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

F843. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F8S. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S

Textual Amendments

F9S. 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 [F13a public carriage way][F13the 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