28 Stopping of vehicles at school crossings.E+W+S
(1)When between the hours of eight in the morning and half-past five in the afternoon a vehicle is approaching a place in a road where children on their way to or from school, or from one part of a school to another, are crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the Secretary of State 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)he shall cause the vehicle to stop before reaching the place where the children are crossing or seeking to cross and so as not to stop or impede their crossing, and
(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)“prescribed sign” means a sign of a size, colour and type prescribed by regulations made by the Secretary of State or, if authorisation is given by the Secretary of State for the use of signs of a description not so prescribed, a sign of that description;
(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;
(b)where it is proved that a school crossing patrol was wearing a uniform, the uniform shall be presumed, unless the contrary is proved, to be a uniform approved by the Secretary of State; and
(c)where it is proved that a prescribed sign was exhibited by a school crossing patrol at a place in a road where children were crossing or seeking to cross the road, it shall be presumed, unless the contrary is proved, that those children were on their way to or from school or from one part of a school to another.
Modifications etc. (not altering text)
C1S. 28(4)(a): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3