The Private Crossings (Signs and Barriers) Regulations 2023

Citation, commencement and extent E+W+S

1.—(1) These Regulations may be cited as the Private Crossings (Signs and Barriers) Regulations 2023.

(2) These Regulations come into force on 18th November 2023.

(3) These Regulations extend to England and Wales and Scotland.

Commencement Information

I1 Reg. 1 in force at 18.11.2023, see reg. 1(2)

Interpretation E+W+S

2.  In these Regulations—

“the 2016 Regulations” means the Traffic Signs Regulations and General Directions 2016(1);

“crossing” means a place where a railway or tramway is crossed by a relevant road;

“crossing operator” means the operator of a railway or tramway that is crossed in any place by a relevant road;

“relevant road” means—

(a)

a private road;

(b)

a private path; or

(c)

both a private road and a private path;

“retroreflecting material” means material which reflects a ray of light back towards the source of that light;

“signaller” means a person employed by a crossing operator who operates signals, and where applicable the points, on a railway or tramway or otherwise controls the movement of trains or trams.

Commencement Information

I2 Reg. 2 in force at 18.11.2023, see reg. 1(2)

Crossing signs to be of the size, colour and type described E+W+S

3.—(1) Subject to regulations 5, 6 and 9, where a crossing operator causes or permits a crossing sign to be placed on or near a relevant road at or near a crossing, the crossing sign must be of the size, colour and type shown and described in—

(a) a diagram in Schedule 1; or

(b) any of the following diagrams set out in the signs tables in the following Schedules to the 2016 Regulations—

(i) Schedule 2—

(aa) Part 2: diagrams 770 (Item 51), 771 (Item 52), 772 (Item 53), 779 (Item 54) and 782 (Item 55),

(bb) Part 6: diagrams 774 (Item 4) and 781 (Item 5);

(ii) Schedule 9—

(aa) Part 2: diagrams 602 (Item 2), 778 (Item 4) and 778.1 (Item 5),

(bb) Part 4: diagram 784.1 (Item 4),

(cc) Part 6: diagrams 1002.1 (Item 1), 1022 (Item 2), 1003A (Item 3), 1023A (Item 4), 1013.1 (Item 23) and 1045 (Item 26);

(iii) Schedule 11—

(aa) Part 2: diagrams 963.3 (Item 43), 775 (Item 67), 783 (Item 68), 785.1 (Item 69), 786 (Item 70), 787 (Item 71) and 788 (Item 72),

(bb) Part 4: diagrams 1004 (Item 2), 1012.1 (Item 11) and 1026 (Item 16);

(iv) Schedule 14—

(aa) Part 2: diagrams 3014 (Item 5), 773 (Item 6), 776 and 777 (Item 8), 1001 (Item 46), 790 (Item 67) and 1003.2 (Item 68).

(2) Where, in accordance with these Regulations, a crossing operator causes or permits the placement of a crossing sign referred to in paragraph (1)(b), the provisions of the 2016 Regulations relating to the size, illumination and significance of, and the requirements conveyed by, that sign by virtue of those Regulations apply to that crossing sign as if the relevant road concerned were a road as defined in section 142 of the Road Traffic Regulation Act 1984(2).

Commencement Information

I3 Reg. 3 in force at 18.11.2023, see reg. 1(2)

Colours of backs of crossing signs E+W+S

4.  The back of a crossing sign shown in a diagram in Schedule 1 and any pole or other structure provided for mounting the crossing sign shall be black or grey in colour.

Commencement Information

I4 Reg. 4 in force at 18.11.2023, see reg. 1(2)

Dimensions E+W+S

5.—(1) A variation in a dimension specified in Schedule 1 is permitted by these Regulations if the variation does not exceed 5% more or 5% less than the dimension specified.

(2) In Schedule 1 the dimensions of the crossing signs are expressed in millimetres.

Commencement Information

I5 Reg. 5 in force at 18.11.2023, see reg. 1(2)

Permitted variants E+W+S

6.—(1) The crossing signs shown in diagrams 102, 106, 157, 160, 161, 162 and 164 in Schedule 1 may be varied as set out in Schedule 1 where the circumstances so require.

(2) A crossing sign shown in diagrams 104 and 118 in Schedule 1 may be varied to show a different penalty where the maximum penalty for failing to comply with the requirement on the crossing sign has changed.

(3) In relation to a crossing sign shown in diagrams 106 (variant B), 120, 121, 140, and 164 (variants B, C and D) in Schedule 1, the telephone number may be changed if the number of the signaller changes.

Commencement Information

I6 Reg. 6 in force at 18.11.2023, see reg. 1(2)

Illumination of crossing signs E+W+S

7.—(1) Subject to paragraph (2), the front of a crossing sign shown in the diagrams in Schedule 1 must be covered in retroreflecting material.

(2) Retroreflecting material must not be applied to—

(a) any part of a crossing sign, including words, coloured black;

(b) the red and green lights prescribed in regulation 8 in a crossing sign shown in a diagram in Part 4 of Schedule 1; and

(c) a crossing sign at a crossing which motor vehicles do not use.

Commencement Information

I7 Reg. 7 in force at 18.11.2023, see reg. 1(2)

Miniature stop lights E+W+S

8.—(1) The crossing signs shown in diagrams 158, 159, 160 and 161 in Part 4 of Schedule 1 must contain red and green lights which—

(a) are internally illuminated by a steady light so that—

(i) when one light is lit, the other is not;

(ii) the green light is and remains lit so long as no railway or tramway vehicle is approaching the vicinity of the crossing from either direction; and

(iii) the red light is and remains lit if the green light is not lit; or

(b) are activated either by the user pushing a button, or by a motion sensor so that—

(i) when one light is lit, the other is not;

(ii) the green light is only activated so long as no railway or tramway vehicle is approaching the vicinity of the crossing from either direction; and

(iii) the red light is and remains activated until the green light is lit.

(2) The lenses of the lights must be—

(a) circular and not less than 60 millimetres in diameter; or

(b) rectangular with the short side measuring a minimum of 60 millimetres;

and the distance between the edges of the lenses of the lights must be not less than 40 millimetres.

(3) The information, warnings, requirements and prohibitions conveyed by the lights described in paragraphs (1) and (2) are—

(a) the red light when lit warns the user of a crossing that a railway or tramway vehicle is approaching the vicinity of that crossing and users are prohibited from using the crossing;

(b) the green light when lit informs the user of a crossing that no railway or tramway vehicle is approaching the vicinity of that crossing and users may use the crossing;

(c) if neither light is lit, users must either telephone the signaller, or cross the railway or tramway with caution after following the instructions on any crossing sign at or near the crossing.

Commencement Information

I8 Reg. 8 in force at 18.11.2023, see reg. 1(2)

Crossing signs relating to telephones E+W+S

9.—(1) The crossing signs shown in a diagram in Schedule 1 which incorporates a telephone symbol highlighted in yellow is permitted to be placed only where there is a fixed telephone, which connects directly to the signaller, provided at each side of the crossing.

(2) The crossing signs shown in diagrams in Schedule 1 which have space designated on them for a telephone number must show the telephone number to contact the signaller. Such crossing signs are only permitted to be placed under these Regulations where there are no fixed telephones at the crossing.

Commencement Information

I9 Reg. 9 in force at 18.11.2023, see reg. 1(2)

Gates or barriers to be of the character described in Schedule 2 or Schedule 3 E+W+S

10.  Where a crossing operator causes or permits the placement of a barrier on a relevant road near a crossing, the barrier must, in the case of a gate, be of the character described in Schedule 2, or in the case of any other barrier be of the character described in Schedule 3.

Commencement Information

I10 Reg. 10 in force at 18.11.2023, see reg. 1(2)

Revocation E+W+S

11.  The Private Crossings (Signs and Barriers) Regulations 1996(3) are revoked.

Commencement Information

I11 Reg. 11 in force at 18.11.2023, see reg. 1(2)

Signed by authority of the Secretary of State for Transport

Huw Merriman

Minister of State

Department for Transport

23rd October 2023