Part IIIE+W+S Crossings and Playgrounds

School crossingsE+W+S

28 Stopping of vehicles at school crossings.E+W+S

(1)When F1. . . a vehicle is approaching a place in a road where [F2a person is] crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the [F3national 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)he shall cause the vehicle to stop before reaching the place where the [F4person is] crossing or seeking to cross and so as not to stop or impede [F5his] 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 [F3national authority] or, if authorisation is given by the [F3national authority] 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; [F6and]

(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 [F3national authority] ; F7. . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1Words in s. 28(1) omitted (E.W.) (30.1.2001) and repealed (E.W.) (prosp.) by virtue of 2000 c. 38, ss. 270(3)(a)(i), 274, 275, Sch. 31 Pt. V(2); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II); and those same words repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(4)(a) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F2Words in s. 28(1) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(a)(ii); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(4)(b) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F3Words in s. 28 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 7

F4Words in s. 28(2)(a) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(b)(i); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(5)(a) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F5Words in s. 28(2)(a) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(b)(ii); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(5)(b) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F6Word in s. 28(5)(a) inserted (E.W.) (30.1.2001) by 2000 c. 38, s. 270(3)(c)(i); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II)

F7S. 28(5)(c) and the preceding word omitted (E.W.) (30.1.2001) and repealed (E.W.) (prosp.) by virtue of 2000 c. 38, ss. 270(3)(c)(ii), 274, 275, Sch. 31 Pt. V(2); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II); and that same sub-provision and word repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(6) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

Modifications etc. (not altering text)

C2S. 28(4)(a): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3