Railways Clauses Consolidation Act 1845

Crossing of roads and construction of bridges E+W+N.I.

And with respect to the crossing of roads, or other interference therewith, be it enacted as follows:

46 Crossing of roads. E+W+N.I.

If the line of the railway cross any turnpike road or public highway, then (except where otherwise provided by the special Act) either such road shall be carried over the railway, or the railway shall be carried over such road, by means of a bridge, of the height and width and with the ascent or descent by this or the special Act in that behalf provided; and such bridge, with the immediate approaches, and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expence of the company: Provided always, that, with the consent of two or more justices F1 ..., as after mentioned, it shall be lawful for the company to carry the railway across any highway, other than a public carriage road, on the level.

Textual Amendments

F1 Words in s. 46 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 22, Sch. 10; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1 S. 46 modified by Transport Act 1968 (c. 73), s. 117(6)

C2 S. 46 incorporated (4.5.1991) by S.I. 1991/1162 art. 3(1)

S. 46 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 46 incorporated (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)(4)

S. 46 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 46 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)-(3)

S. 46 incorporated in part (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 46 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)-(3)

S. 46 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)(4)

S. 46 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)-(3)

S. 46 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)-(3) (with arts. 15, 37, 38(2))

S. 46 incorporated in part (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

C3 S. 46 incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

C4 S. 46 incorporated (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)(2)(4)

47 Provision in cases where roads are crossed on a level. E+W+N.I.

If the railway cross any turnpike road or public carriage road on a level, the company shall erect and at all times maintain good and sufficient gates across such road, on each side of the railway, where the same shall communicate therewith, and shall employ proper persons to open and shut such gates; and such gates shall be kept constantly closed across such road on both sides of the railway, except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such railway; and such gates shall be of such dimensions and so constructed as when closed to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway; and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts, or carriages shall have passed through the same, under a penalty of [F2 £25][F2 level 1 on the standard scale] or every default therein: Provided always, that it shall be lawful for the Board of Trade, in any case in which they are satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road should be kept closed across the railway, to order that such gates shall be kept so closed, instead of across the road, and in such case such gates shall be kept constantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road, in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road.

Textual Amendments

F2 Words substituted (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and so substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C5 S. 47 incorporated (28.9.1991) by S.I.1991/2210, art. 3(1)

S. 47 excluded (31.3.1994) by 1994 c. iv, s. 15(1)(3)

S. 47 excluded (26.7.1994) by S.I. 1994/1803, art. 3(1)

S. 47 excluded (27.12.1995) by S.I. 1995/3188, arts. 1(2), 2(2)

S. 47 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 47 excluded (23.9.1997) by S.I. 1997/2262, art. 3

S. 47 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 47 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 47 excluded (with effect on the transfer date) by S.I. 2001/3413, art. 3

S. 47 excluded (12.8.2002 with effect as mentioned in art. 3 of the amending S.I.) by S.I. 2002/1997, art. 3

S. 47 power to repeal or modify conferred (N.I.) (14.10.2002) by 2002 c. 8 (N.I.), s. 1(4)(b)

C6 S. 47 incorporated (E.W.) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

48 As to crossing of turnpike roads adjoining stations. E+W+N.I.

Where the railway crosses any turnpike road on a level adjoining to a station, . . . F3 the company shall be subject to all such rules and regulations with regard to such crossings as may from time to time be made by the Board of Trade.

Textual Amendments

F3 Words repealed by Road and Rail Traffic Act 1933 (c. 53), Sch. 3

49 Construction of bridges over roads. E+W+N.I.

Every bridge to be erected for the purpose of carrying the railway over any road shall (except where otherwise provided by the special Act) be built in conformity with the following regulations; (that is to say,)

• The width of the arch shall be such as to leave thereunder a clear space of not less than thirty-five feet if the arch be over a turnpike road, and of twenty-five feet if over a public carriage road, and of twelve feet if over a private road:

• The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road, and fifteen feet for a space of ten feet if over a public carriage road; and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet:

• The clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private carriage road:

• The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a turnpike road, one foot in twenty feet if over a public carriage road, and one foot in sixteen feet if over a private carriage road, not being a tramroad or railroad, or if the same be a tramroad or railroad the descent shall not be greater than the prescribed rate of inclination, and if no rate be prescribed the same shall not be greater than as it existed at the passing of the special Act.

Modifications etc. (not altering text)

C7 S. 49 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 49 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

50 Construction of bridges over railway. E+W+N.I.

Every bridge erected for carrying any road over the railway shall (except as otherwise provided by the special Act) be built in conformity with the following regulations; (that is to say,)

• There shall be a good and sufficient fence on each side of the bridge of not less height than four feet, and on each side of the immediate approaches of such bridge of not less than three feet.

• The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a turnpike road, and twenty-five feet if a public carriage road, and twelve feet if a private road:

• The ascent shall not be more than one foot in thirty feet if the road be a turnpike road, one foot in twenty feet if a public carriage road, and one foot in sixteen feet if a private carriage road, not being a tramroad or railroad, or if the same be a tramroad or railroad the ascent shall not be greater than the prescribed rate of inclination, and if no rate be prescribed the same shall not be greater than as it existed at the passing of the special Act.

Modifications etc. (not altering text)

C8 S. 50 modified by Transport Act 1968 (c. 73), ss. 117(6), 120(2)

C9 S. 50 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 50 incorporated (28.9.1991) by S.I.1991/2210, art. 3(1)

51 The width of the bridges need not exceed the width of the existing road in certain cases. E+W+N.I.

Provided always, that in all cases where the average available width for the passage of carriages of any existing roads within fifty yards of the points of crossing the same is less than the width herein-before prescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads, but so nevertheless that such bridges be not of less width, in the case of a turnpike road or public carriage road, than twenty feet; Provided also, that if any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the company shall be bound, at their own expence, to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road, not exceeding the width of such road as so widened, or the maximum width herein or in the special Act prescribed for a bridge in the like case over or under the railway.

Modifications etc. (not altering text)

C10 S. 51 modified by Transport Act 1968 (c. 73), s. 117(6)

C11 S. 51 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 51 incorporated in part (28.9.1991) by S.I. 1991/2210, art. 3(1)

52 Existing inclinations of roads crossed or diverted need not be improved. E+W+N.I.

Provided also, that if the mesne inclination of any road within two hundred and fifty yards of the point of crossing the same, or the inclination of such portion of any road as may require to be altered, or for which another road shall be substituted, shall be steeper than the inclination herein-before required to be preserved by the company, then the company may carry any such road over or under the railway, or may construct such altered or substituted road, at an inclination not steeper than the said mesne inclination of the road so to be crossed, or of the road so requiring to be altered, or for which another road shall be substituted.

Modifications etc. (not altering text)

C12 S. 52 modified by Transport Act 1968 (c. 73), s. 117(6)

C13 S. 52 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

53 Before roads interfered with, others to be substituted. E+W+N.I.

If, in the exercise of the powers by this or the special Act granted, it be found necessary to cross, cut through, raise, sink, or use any part of any road, whether carriage road, horse road, tramroad, or railway, either public or private, so as to render it impassable for or dangerous or extraordinarily inconvenient to passengers or carriages, or to the persons entitled to the use thereof, the company shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be interfered with, and shall at their own expence maintain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be.

Modifications etc. (not altering text)

C14 S. 53 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

54 Penalty for not substituting a road. E+W+N.I.

If the company do not cause another sufficient road to be so made before they interfere with any such existing road as aforesaid, they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted; and such penalty shall be paid to the trustees, commissioners, surveyor, or other person having the management of such road, if a public road, and shall be applied for the purposes thereof, or in case of a private road the same shall be paid to the owner thereof; and every such penalty shall be recoverable with costs by action in any of the superior courts.

Modifications etc. (not altering text)

C15 S. 54 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

55 Party suffering damage from interruption of road to recover in an action on the case. E+W+N.I.

If any party entitled to a right of way over any road so interfered with by the company shall suffer any special damage by reason that the company shall fail to cause another sufficient road to be made before they interfere with the existing road, it shall be lawful for such party to recover the amount of such special damage from the company, with costs, by action on the case in any of the superior courts and that whether any party shall have sued for such penalty as aforesaid or not, and without prejudice to the right of any party to sue for the same.

Modifications etc. (not altering text)

C16 S. 55 incorporated (4.5.1991) by S.I.1991/1162, art. 3(1)

56 Period for restoration of roads interfered with. E+W+N.I.

If the road so interfered with can be restored compatibly with the formation and use of the railway, the same shall be restored to as good a condition as the same was in at the time when the same was first interfered with by the company, or as near thereto as may be; and if such road cannot be restored compatibly with the formation and use of the railway, the company shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition, equally convenient as the former road, or as near thereto as circumstances will allow; and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the case may be, within the following periods after the first operation on the former road shall have been commenced, unless the trustees or parties having the management of the road to be restored by writing under their hands consent to an extension of the period, and in such case within such extended period; (that is to say,) if the road be a turnpike road, within six months, and if the road be not a turnpike road, within twelve months.

Modifications etc. (not altering text)

C17 S. 56 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

57 Penalty for failing to restore road. E+W+N.I.

If any such road be not so restored, or the substituted road so completed as aforesaid, within the periods herein or in the special Act fixed for that purpose, the company shall forfeit . . . F4 five pounds for every day after the expiration of such periods respectively during which such road shall not be so restored or the substituted road completed; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be laid out in executing the work in respect whereof such penalty was incurred.

Textual Amendments

F4 Words repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III

Modifications etc. (not altering text)

C18 S. 57 incorporated (4.5.1991) by S.I. 1991/1162, art.3(1)

58 Company to repair roads used by them. E+W+N.I.

If in the course of making the railway the company shall use or interfere with any road, they shall from time to time make good all damage done by them to such road; and if any question shall arise as to the damage done to any such road by the company, or as to the repair thereof by them, such question shall be referred to the determination of two justices; and such justices may direct such repairs to be made in the state of such road, in respect of the damage done by the company, and within such period, as they think reasonable, and may impose on the company, for not carrying into effect such repairs, any penalty not exceeding five pounds per day as to such justices shall seem just; . . . F5

Provided always, that in determining any such question with regard to a turnpike road the said justices shall have regard to and shall make full allowance for any tolls that may have been paid by the company on such road in the course of the using thereof.

Textual Amendments

F5 Words repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III

Modifications etc. (not altering text)

C19 S. 58 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 58 incorporated in part (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

S. 58 incorporated in part (with modifications) (21.9.1995) by S.I. 1995/2501, arts. 3, 9(9)

S. 58 incorporated in part (with modifications) (20.11.1995) by S.I. 1995/2952, art. 3

S. 58 incorporated in part (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 58 incorporated in part (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

S. 58 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 58 incorporated in part (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

S. 58 incorporated in part (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (30.4.1999) by S.I. 1999/1306, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

S. 58 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2)(4) (with arts. 15, 37, 38(2))

S. 58 incorporated in part (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

S. 58 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

C20 S. 58 incorporated in part (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

C21 S. 58 incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

C22 S. 58 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

C23 S. 58 incorporated (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

C24 S. 58 incorporated in part (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

59 Proceedings on application to justices to consent to level crossings of bridleways and footways. E+W+N.I.

When the company shall intend to apply for the consent of two justices, as herein-before provided, so as to authorize them to carry the railway across any highway other than a public carriage road on the level, they shall, [F6 at least 14 days before the application is intended to be made], cause notice of such intended application to be given in some newspaper circulating in the county, and also to be affixed upon the door of the parish church of the parish in which such crossing is intended to be made, or, if there be no such church, some other place to which notices are usually affixed; and if it appear to any two or more justices [F7 acting in the local justice area] in which such highway at the proposed crossing thereof is situate F8 ... after such notice as aforesaid, that the railway can, consistently with a due regard to the public safety and convenience, be carried across such highway on the level, it shall be lawful for such justices to consent that the same may be so carried accordingly.

Textual Amendments

F6 Words in s. 59 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 23(a); S.I. 2005/910, art. 3(y)

F7 Words in s. 59 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 23(b); S.I. 2005/910, art. 3(y)

F8 Words in s. 59 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 23(c), Sch. 10; S.I. 2005/910, art. 3(y)

[F9 60 Appeal against the determination of the justices. E+W+N.I.

If either party shall feel aggrieved by the determination of such justices upon any such application as aforesaid, it shall be lawful for such party, in like manner and subject to the like conditions as are herein-after provided in the case of appeals in respect of penalties and forfeitures, to appeal to [F10 the Crown Court] of the county or place in which the cause of appeal shall have arisen; and it shall be lawful for [F10 the Crown Court] upon the hearing of such appeal, either to confirm or quash the determination, or to make such other order in regard to the method of carrying the railway across such highway as aforesaid as to them shall seem fit, and to make such order concerning the costs both of the original application and the appeal as to them shall seem reasonable.]

Textual Amendments

F9 S. 60 repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. II

F10 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 para. 2

61 Company to make sufficient approaches and fences to bridleways and footways crossing on the level. E+W+N.I.

If the railway shall cross any highway other than a public carriageway on the level, the company shall at their own expence, make and at all times maintain convenient ascents and descents and other convenient approaches, with handrails or other fences, and shall, if such highway be a bridleway, erect and at all times maintain good and sufficient gates, and if the same shall be a footway, good and sufficient gates or stiles, on each side of the railway, where the highway shall communicate therewith.

Modifications etc. (not altering text)

C25 S. 61 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 61 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 61 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 61 incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

S. 61 incorporated (with modifications) (21.9.1995) by S.I. 1995/2501, arts. 3, 9(9)

S. 61 incorporated (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)

S. 61 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

S. 61 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 61 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

S. 61 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 61 incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

S. 61 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

S. 61 incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

S. 61 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 61 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

S. 61 incorporated (with modifications) (30.4.1999) by S.I. 1999/1306, art. 3(1)(2)

S. 61 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 61 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2) (with arts. 15, 37, 38(2))

62 Justices to have power to order approaches and fences to be made to highways crossing on the level. E+W+N.I.

If where the railway shall cross any highway on the level the company fail to make convenient ascents and descents or other convenient approaches, and such handrails, fence, gates, and stiles as they are herein-before required to make, it shall be lawful for two justices, on the application of the surveyor of roads, or of any two householders within the parish or district where such crossing shall be situate, after not less than ten days notice to the company, to order the company to make such ascent or descent or other approach, or such handrails, fences, gates, or stiles as aforesaid, within a period to be limited for that purpose by such justices; and if the company fail to comply with such order they shall forfeit five pounds for every day that they fail so to do; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such person as they think fit, in executing the work in respect whereof such penalty was incurred.

63, 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 U.K.

Textual Amendments

F11 Ss. 63, 64 repealed by Statute Law Revision Act 1960 (c. 56)