Railways Clauses Act 1863

Level Crossings U.K.

5 Trains not to be shunted over level crossings. U.K.

Where the company is authorized by the special Act to carry the railway across a turnpike road or public carriage road on a level, it shall not be lawful for the company in shunting trains to pass any train over the level crossing, or at any time to allow any train, engine, carriage or truck to stand across the same.

Modifications etc. (not altering text)

C1 Ss. 3-5, 12 incorporated (with modifications) (29.4.1992) by S.I. 1992/1113, art. 3(1).

C2 S. 5 incorporated (29.6.1995) by S.I. 1995/2143, art. 3(2)

S. 5 excluded (31.3.1994) by 1994 c. iv, s. 15(3) (with s. 28)

S. 5 incorporated (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(2)(3)

S. 5 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(2)(3)

S. 5 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(2)

S. 5 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(2)(3)

F1 6 Company to erect lodge at point of crossing. U.K.

For the greater convenience and security of the public, the company shall erect and permanently maintain a lodge at the point where the railway crosses on the level the turnpike road or public carriage road; and the company shall be subject to and shall abide by all such regulations with regard to the crossing thereof on the level, or with regard to the speed at which trains may pass the level crossing, as may from time to time be made by the Board of Trade.

If the company fails to erect, or to maintain, such lodge, or to appoint or keep a proper person to watch or superintend the level crossing, or to observe or abide by any such regulation as aforesaid, they shall for every such offence be liable to a penalty not exceeding [F2 £50], and also to a penalty of ten pounds for every day during which the offence continues after the penalty of [F2 £50] is incurred.

Textual Amendments

F1 S. 6 ceased to apply to the authorised railways (26.7.1994) by virtue of S.I. 1994/1803, art. 3(1)

F2 Words substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)(a)(6)(b)(9) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(a)(5)(b)(8)

Modifications etc. (not altering text)

C3 Pt. I incorporated (S.) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), s. 37(1)(c) (with s. 33)

C4 Functions of Board of Trade now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2, S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1)

C5 S. 6 excluded (31.3.1994) by 1994 c. iv, s. 15(3) (with s. 28)

S. 6 excluded (24.3.1994) by 1994 c. ii, s. 5(3)(b) (with ss. 25, 27(5))

C6 s. 6 restricted (23.9.1997) by S.I. 1997/2262, arts. 2, 3(1)

S. 6 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(2)(3)

S. 6 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(2)(3)

S. 6 excluded (15.10.2001 with application as mentioned in arts. 2 and 3 of the amending S.I.) by S.I. 2001/3413, art. 3

S. 6 excluded (12.8.2002 with effect as mentioned in art. 3 of the amending S.I.) by S.I. 2002/1997, art. 3

C7 S. 6 disapplied (S.) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), Sch. 5 Pt. 3 (with s. 33)

7 Board of Trade may require bridge instead of level crossing. U.K.

The Board of Trade may, if it appears to them necessary for the public safety, at any time after the passing of the special Act, require the company, within such time as the Board of Trade directs, and at the expense of the company, to carry the turnpike road or public carriage road either under or over the railway by means of a bridge or arch, instead of crossing the same on the level, or to execute such other works as, under the circumstances of the case, may appear to the Board of Trade best adapted for removing or diminishing the danger arising from the level crossing.

Where the road is so carried either under or over the railway, it shall not be necessary for the company to erect or maintain a lodge at the point where the road is crossed, or to appoint a person to watch or superintend the crossing thereat, nor shall they be liable to any penalty for failure so to do.

Modifications etc. (not altering text)

C8 Functions of Board of Trade now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2, S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1)

C9 S. 7 excluded (31.3.1994) by 1994 c. iv, s. 15(3) (with s. 28)

S. 7 incorporated ( with modifications) (16.10.1996) by 1996/2660, art. 4(2)(3)

C10 S. 7 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(2)(3)

8—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 Ss. 8-11, 22-29 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I