Search Legislation

Transport Act 1968

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

There are multiple versions of this provision on screen. These apply to different geographical extents. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport Act 1968. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 117:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Transport Act 1968

Commencement Orders bringing legislation that affects this Act into force:

117 Duty of Boards as respects bridges carrying highways. E+W

(1)This section applies to any bridge which—

(a)carries a highway over one or more of the following that is to say, a railway of the Railways Board, a railway of [F1Transport for London] , an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway; and

(b)belongs to the Board or Boards whose railway, waterway, installation or land is crossed by the bridge.

[F2(1A)This section also applies to a bridge (whenever constructed) which—

(a)carries a highway over—

(i)a railway comprised in a transferred network or a new network of a network owner, or

(ii)any other installation or land used by a network owner in connection with a railway or network comprised in a transferred network or a new network of that network owner, and

(b)belongs to the network owner whose railway, installation or land is crossed by the bridge,

and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1B) of this section, to be read as references to the network owner.

F2(1B)Subsection (7) applies in relation to a bridge constructed by or belonging to a network owner and one or more of the Boards mentioned in subsection (1) of this section as it applies in relation to a bridge constructed by or belonging to any two or more Boards.]

(2)It shall be the duty of each of the Boards mentioned in subsection (1) of this section—

(a)in constructing a bridge which, on completion, will belong to the Board and be a bridge to which this section applies, or in reconstructing a bridge which belongs to the Board and to which this section applies, to secure that it has the required load-bearing capacity;

(b)to maintain and, if necessary, to improve or strengthen any bridge which belongs to the Board and to which this section applies so that it has the required load-bearing capacity, and, if at any time it is not reasonably practicable to secure that it has that capacity by means of maintenance, improvement or strengthening, to reconstruct the bridge or to replace it by a new bridge.

(3)For the purposes of subsection (2) of this section a bridge has the required load-bearing capacity—

(a)in the case of a bridge in relation to which load-bearing standards are prescribed by an order made by the appropriate Minister, if it complies with those standards; and

(b)in the case of any other bridge, if it is such as to be capable of bearing the weight of the traffic which ordinarily uses, or may reasonably be expected to use, the highway carried by the bridge on or about the day on which this section comes into force in relation to bridges of the Board concerned or, if the bridge is constructed subsequently, when it is opened for traffic.

(4)An order made for the purposes of subsection (3)(a) of this section—

(a)may prescribe standards for a particular bridge or for any class or description of bridges;

(b)may, in prescribing standards for a particular bridge or for any class or description of bridges, at the same time prescribe different standards for any bridge or bridges resulting from the reconstruction or replacement of that bridge or of any of those bridges;

(c)may prescribe standards by reference to any document published by the British Standards Institution, any government department or any other body or authority, and provide that where standards are prescribed as aforesaid any question as to the requirements to be fulfilled by a particular bridge in order to comply with those standards shall be determined, in case of dispute, by a certificate of the appropriate Minister;

(d)shall not, so long as a bridge is not reconstructed or replaced, be such as to require the bridge to comply with standards higher than those prescribed in relation thereto by a previous order under this section.

(5)For the purposes of subsection (3)(b) of this section, no account shall be taken of any traffic which cannot use the highway carried by the bridge in question without infringing a prohibition for the time being in force under section 1, 6, [F3or 14 of the Road Traffic Regulation Act 1984].

(6)The requirements of this section shall be in addition to, and, so far as inconsistent therewith, shall prevail over, any requirements applicable to the bridge in question under section 46, 50, 51, 52, or 66 of the M1Railways Clauses Consolidation Act 1845, section 39, 43, 44, 45, or 58 of the M2Railways Clauses Consolidation (Scotland) Act 1845 or under any similar enactment.

(7)In subsection (2) of this section references to a bridge being constructed by or belonging to a Board include references to its being constructed by or belonging to any two or more of the Boards mentioned in subsection (1) of this section, and in any such case the duties imposed by the said subsection (2) shall be duties of both or all of those Boards.

(8)In this section “the appropriate Minister” means, as respects bridges in England, the Minister [F4,as respects bridges in Scotland, the Scottish Ministers] and as respects bridges in F5. . . Wales, the Secretary of State.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F2S. 117(1A)(1B) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 3

F4Words in s. 117(8) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II, para. 3(29)(a) (with art. 4)

F5Words in s. 117(8) repealed (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II, para. 3(29)(b) (with art. 4)

Modifications etc. (not altering text)

C3Ss. 116-118 applied (with modifications) (21.5.1992) by S.I. 1992/1267, art. 7.

C4Ss. 116-118 applied (with modifications) (22.6.1993) by S.I. 1993/1607, art. 9 (with arts. 8, 12(2), 13, 14)

C5Ss. 116-118 applied (with modifications) (29.6.1993) by S.I. 1993/1651, art. 3(4) (with arts. 6, 8, 9, 10(2))

Ss. 116, 117 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 13

Ss. 116-118 applied (with modifications) (26.7.1994) by S.I. 1994/1803, art. 6

Ss. 116-118 applied (with modifications) (4.5.1995) by S.I. 1995/1236, art. 3(5)

Ss. 116-118 applied (with modifications) (10.5.1995) by S.I. 1995/1300, art. 3(4)

Ss. 116-118 applied (with modifications) (21.9.1995) by S.I. 1995/2501, art. 8

Ss. 116-118 applied (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(7)

Ss. 116-118 applied (with modifications) (23.9.1997) by S.I. 1997/2262, art. 4(3)

Ss. 116-118 applied (with modifications) (9.10.1997) by S.I. 1997/2534, art. 7

Ss. 116-118 applied (with modifications) (21.7.1999) by S.I. 1999/2382, art. 4(2)

Ss. 116-118 applied (with modifications) (4.8.2000) by S.I. 2000/2585, art. 4(2)

Ss. 116-118 applied (with modifications (12.8.2002) by S.I. 2002/1997, art. 9(1)

C6Ss. 116-119 applied (with modifications) (1.9.1993) by S.I. 1993/2154, art. 3(4)

Ss. 116-119 applied (with modifications) (16.5.2002) by S.I. 2002/1384, art. 3(4) (with arts. 10(2), 11)

C8Ss. 116-118 applied (with modifications) (3.8.2004) by The Eden Valley Railway Order 2004 (S.I. 2004/1817), arts. 1, 3(2)

C9Ss. 116-118 applied (with modifications) (30.11.2007) by The East Kent Railway Order 2007 (S.I. 2007/3234), arts. 1, 4(2)

C10S. 117 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 13

Marginal Citations

117 Duty of Boards as respects bridges carrying highways. S

(1)This section applies to any bridge which—

(a)carries a [F6[road]] over one or more of the following that is to say, a railway of the Railways Board, a railway of [F7London Regional Transport], an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway; and

(b)belongs to the Board or Boards whose railway, waterway, installation or land is crossed by the bridge.

[F8(1A)This section also applies to a bridge (whenever constructed) which—

(a)carries a highway over—

(i)a railway comprised in a transferred network or a new network of a network owner, or

(ii)any other installation or land used by a network owner in connection with a railway or network comprised in a transferred network or a new network of that network owner, and

(b)belongs to the network owner whose railway, installation or land is crossed by the bridge,

and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1B) of this section, to be read as references to the network owner.

F8(1B)Subsection (7) applies in relation to a bridge constructed by or belonging to a network owner and one or more of the Boards mentioned in subsection (1) of this section as it applies in relation to a bridge constructed by or belonging to any two or more Boards.]

(2)It shall be the duty of each of the Boards mentioned in subsection (1) of this section—

(a)in constructing a bridge which, on completion, will belong to the Board and be a bridge to which this section applies, or in reconstructing a bridge which belongs to the Board and to which this section applies, to secure that it has the required load-bearing capacity;

(b)to maintain and, if necessary, to improve or strengthen any bridge which belongs to the Board and to which this section applies so that it has the required load-bearing capacity, and, if at any time it is not reasonably practicable to secure that it has that capacity by means of maintenance, improvement or strengthening, to reconstruct the bridge or to replace it by a new bridge.

(3)For the purposes of subsection (2) of this section a bridge has the required load-bearing capacity—

(a)in the case of a bridge in relation to which load-bearing standards are prescribed by an order made by the appropriate Minister, if it complies with those standards; and

(b)in the case of any other bridge, if it is such as to be capable of bearing the weight of the traffic which ordinarily uses, or may reasonably be expected to use, the highway carried by the bridge on or about the day on which this section comes into force in relation to bridges of the Board concerned or, if the bridge is constructed subsequently, [F9

(i)when the bridge is opened (the date of opening being before 1st January 1985) for traffic on the highway so carried;

(ii)when the bridge is opened (the date of opening being on or after 1st January 1985) for traffic on the road so carried.]

(4)An order made for the purposes of subsection (3)(a) of this section—

(a)may prescribe standards for a particular bridge or for any class or description of bridges;

(b)may, in prescribing standards for a particular bridge or for any class or description of bridges, at the same time prescribe different standards for any bridge or bridges resulting from the reconstruction or replacement of that bridge or of any of those bridges;

(c)may prescribe standards by reference to any document published by the British Standards Institution, any government department or any other body or authority, and provide that where standards are prescribed as aforesaid any question as to the requirements to be fulfilled by a particular bridge in order to comply with those standards shall be determined, in case of dispute, by a certificate of the appropriate Minister;

(d)shall not, so long as a bridge is not reconstructed or replaced, be such as to require the bridge to comply with standards higher than those prescribed in relation thereto by a previous order under this section.

(5)For the purposes of subsection (3)(b) of this section, no account shall be taken of any traffic which cannot use the highway [F10, or as the case may be road,] carried by the bridge in question without infringing a prohibition for the time being in force under section 1, 6, [F11or 14 of the Road Traffic Regulation Act 1984].

(6)The requirements of this section shall be in addition to, and, so far as inconsistent therewith, shall prevail over, any requirements applicable to the bridge in question under section 46, 50, 51, 52, or 66 of the M3Railways Clauses Consolidation Act 1845, section 39, 43, 44, 45, or 58 of the M4Railways Clauses Consolidation (Scotland) Act 1845 or under any similar enactment.

(7)In subsection (2) of this section references to a bridge being constructed by or belonging to a Board include references to its being constructed by or belonging to any two or more of the Boards mentioned in subsection (1) of this section, and in any such case the duties imposed by the said subsection (2) shall be duties of both or all of those Boards.

(8)In this section “the appropriate Minister” means, as respects bridges in England, the Minister [F12, as respects bridges in Scotland, the Scottish Ministers]and as respects bridges in F13. . .Wales, the Secretary of State.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F6Word in s. 117(1) substituted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54), s. 157(2), Sch. 9 para. 66(3)(a).

F8S. 117(1A)(1B) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 3

F9Words in s. 117(3) substituted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(3)(b)

F12Words in s. 117(8) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(29)(a) (with art. 4)

F13Words in s. 117(8) omitted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(29)(b) (with art. 4)

Modifications etc. (not altering text)

C8Ss. 116-118 applied (with modifications) (3.8.2004) by The Eden Valley Railway Order 2004 (S.I. 2004/1817), arts. 1, 3(2)

C9Ss. 116-118 applied (with modifications) (30.11.2007) by The East Kent Railway Order 2007 (S.I. 2007/3234), arts. 1, 4(2)

C10S. 117 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 13

C13Ss. 116-118 applied (with modifications) (21.5.1992) by S.I. 1992/1267, art. 7.

C14Ss. 116-118 applied (with modifications) (22.6.1993) by S.I. 1993/1607, art. 9 (with arts. 8, 12(2), 13, 14)

C15Ss. 116-118 applied (with modifications) (29.6.1993) by S.I. 1993/1651, art. 3(4) (with arts. 6, 8, 9, 10(2))

Ss. 116, 117 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 13

Ss. 116-118 applied (with modifications) (26.7.1994) by S.I. 1994/1803, art. 6

ss. 116-118 applied (with modifications) (4.5.1995) by S.I. 1995/1236, art. 3(5)

Ss. 116-118 applied (with modifications) (10.5.1995) by S.I. 1995/1300, art. 3(4)

Ss. 116-118 applied (with modifications) (21.9.1995) by S.I. 1995/2501, art. 8

Ss. 116-118 applied (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(7)

Ss. 116-118 applied (with modifications) (23.9.1997) by S.I. 1997/2262, art. 4(3)

Ss. 116-118 applied (with modifications) (9.10.1997) by S.I. 1997/2534, art. 7

Ss. 116-118 applied (with modifications) (21.7.1999) by S.I. 1999/2382, art. 4(2)

Ss. 116-118 applied (with modifications) (4.8.2000) by S.I. 2000/2585, art. 4(2)

Ss. 116-118 applied (with modifications) (12.8.2002) by S.I. 2000/1997, art. 9(1)

C16Ss. 116-119 applied (with modifications) (1.9.1993) by S.I. 1993/2154, art. 3(4)

Ss. 116-119 applied (with modifications) (16.5.2002) by S.I. 2002/1384, art. 3(4) (with arts. 10(2), 11)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources