Part III Crossings and Playgrounds
Pedestrian crossings
23F1 Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings
F2 (1)
A F3strategic highways company or a local traffic authority may establish crossings for pedestrians on roads for which they are the traffic authority, and may alter or remove any such crossings.
The crossings shall be indicated in the manner prescribed by regulations under section 25 of this Act.
(2)
Before establishing, altering, or removing a crossing a F3strategic highways company or a F4local traffic authority—
(a)
shall consult the chief officer of police about their proposal to do so; F5and
(b)
shall give public notice of that proposal; F6...
F6(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
It shall be the duty of a F3strategic highways company or a F4local traffic authority to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required—
(a)
in connection with the establishment, alteration or removal of crossings in accordance with regulations having effect under section 25 of this Act, or
(b)
in connection with the indication of crossings in accordance with such regulations.
F7(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 Pedestrian crossings on F9other roads.
F10The F11national authority shall establish on roads for which F12 the national authority is the traffic authority such crossings for pedestrians as F12 the national authority considers necessary, F10and execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of those crossings.
25 Pedestrian crossing regulations.
(1)
The F13relevant authority may make regulations with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians), at and in the vicinity of crossings.
(2)
Without prejudice to the generality of subsection (1) above, regulations under that subsection may be made—
(a)
prohibiting pedestrian traffic on the carriageway within 100 yards of a crossing, and
(b)
with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.
(3)
Different regulations may be made under this section in relation to different traffic conditions, and in particular (but without prejudice to the generality of the foregoing words) different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and in relation to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and traffic which is not controlled.
(4)
Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.
(5)
A person who contravenes any regulations made under this section shall be guilty of an offence.
(6)
In this section “crossing” means a crossing for pedestrians established—
(a)
by a local authority under section 23 of this Act, or
(b)
and (in either case) indicated in accordance with the regulations having effect as respects that crossing; and, for the purposes of a prosecution for a contravention of the provisions of a regulation having effect as respects a crossing, the crossing shall be deemed to be so established and indicated unless the contrary is proved.
F16(7)
In this section “"relevant authority”” means—
(a)
in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
(b)
in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;
(c)
otherwise, means the Secretary of State.
School crossings
26 Arrangements for patrolling school crossings.
(1)
Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another, F17. . . by persons appointed by or on behalf of the appropriate authority, other than constables.
F18(1A)
Arrangements under subsection (1) above may be made for patrolling places at such times as the appropriate authority think fit.
F19(1A)
Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit.
(2)
For the purposes of this section, in its application to England and Wales, the appropriate authority—
(a)
(b)
as respects places in the City of London, shall be the Common Council of the City; and
F22(c)
as respects places in a London borough, shall be the council for the borough,
and for the purposes of this section, in its application to Scotland, the appropriate authority shall be the F23council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
(3)
The functions of the appropriate authority for the purposes of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.
(4)
In taking decisions as to making arrangements under subsection (1) above—
F24(a)
(b)
in Scotland, the regional council shall have regard to any representations made to them by district councils for areas in the region.
F28(4A)
Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.
(5)
Any arrangements under subsection (1) above—
F29(a)
if made in England or Wales by the council of the county F30,London boroughF31or metropolitan district as respects places in the county F30, London borough or district, may include an agreement between that council and the F32chief officer of police of the police force maintained for the police area in which those places are, F33or
(b)
if made in Scotland by a regional council, may include an agreement between that council and any district council whose area comprises the place to which the arrangements relate,
F3627. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Stopping of vehicles at school crossings.
(1)
When F37. . . a vehicle is approaching a place in a road where F38a person is crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the F39national authority shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.
(2)
When a person has been required under subsection (1) above to stop a vehicle—
(a)
(b)
the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited.
(3)
A person who fails to comply with paragraph (a) of subsection (2) above, or who causes a vehicle to be put in motion in contravention of paragraph (b) of that subsection, shall be guilty of an offence.
(4)
In this section—
(a)
(b)
“school crossing patrol” means a person authorised to patrol in accordance with arrangements under section 26 of this Act;
and regulations under paragraph (a) above may provide for the attachment of reflectors to signs or for the illumination of signs.
(5)
For the purposes of this section—
(a)
where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed, unless the contrary is proved, to be of a size, colour and type prescribed, or of a description authorised, under subsection (4)(b) above, and, if it was exhibited in circumstances in which it was required by the regulations to be illuminated, to have been illuminated in the prescribed manner; F42and
(b)
(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Street playgrounds
F4429 Power to prohibit traffic on roads to be used as playgrounds.
(1)
For the purpose of enabling a road for which they are the traffic authority to be used as a playground for children, a local traffic authority may make an order prohibiting or restricting the use of the road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours.
The prohibition or restriction may be subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order.
(2)
An order under this section shall make provision for permitting reasonable access to premises situated on or adjacent to the road.
(3)
A person who uses a vehicle or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.
30 Similar power for local authorities in Greater London.
(1)
For the purpose of enabling roads within their area in respect of which they are the highway authority to be used as playgrounds for children, the council of a London borough or the Common Council of the City of London shall, subject to subsections (2) to (6) below, have power to make an order prohibiting or restricting the use of any specified road by vehicles, or by vehicles of any specified class,—
(a)
subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order, and
(b)
either generally or on particular days or during particular hours.
(2)
An order made under this section with respect to a road shall make provision for permitting reasonable access to premises situated on or adjacent to it.
(3), (4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
(5)
A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.
(6)
F46The Secretary of State may make regulations for prescribing the procedure to be followed in connection with the making of orders by any other authority under this section . . . F47, and for prescribing the manner in which that other authority shall publish notice of the fact that any such order has been made . . . F47 and of its effect.
31 Byelaws with respect to roads used as playgrounds.
(1)
Where an order is or has been made F48under section 29 of this Act, the local traffic authority may make byelaws authorising the use of the road as a playground for children and making provision—
(a)
with respect to the admission of children to the road when used as a playground;
(b)
with respect to the safety of children so using the road and their protection from injury by vehicles using the road for access to premises situated on or adjacent to it or otherwise; and
(c)
generally with respect to the proper management of the road when used as a playground for children.