The Cholsey and Wallingford Light Railway (Extension and Amendment) Order 1992

Statutory Instruments

1992 No. 1113

TRANSPORT

The Cholsey and Wallingford Light Railway (Extension and Amendment) Order 1992

Made

28th April 1992

Coming into force

29th April 1992

The Secretary of State for Transport, on the application of the Cholsey and Wallingford Railway Preservation Society and in exercise of powers conferred by sections 7, 9, 10, 11, 12 and 24 of the Light Railways Act 1896(1) and now vested in him(2) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.—(1) This Order may be cited as the Cholsey and Wallingford Light Railway (Extension and Amendment) Order 1992 and shall come into force on 29th April 1992.

(2) The Cholsey and Wallingford Light Railway Order 1989(3) and this Order may be cited together as the Cholsey and Wallingford Light Railway Orders 1989 and 1992.

Interpretation

2.—(1) In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:&—

“the Board” means the British Railways Board;

“the Town Council” means the Wallingford Town Council in the district of South Oxfordshire in the County of Oxfordshire;

“the County Council” means the Oxfordshire County Council;

“the Society” means the Cholsey and Wallingford Railway Preservation Society incorporated under the Companies Act 1985(4) and whose registered office is at7 St Martin’s Street, Wallingford, Oxfordshire OX10 0AN;

“the principal Act” means the Light Railways Act 1896;

“the enabling Acts” means the Wallingford and Watlington Railway Act 1864(5) and the Great Western Railway Act 1872(6);

“the principal Order” means the Cholsey and Wallingford Light Railway Order 1989;

“the Board’s railway” means so much of the former railway of the Board in the district of South Oxfordshire in the County of Oxfordshire authorised by the enabling Acts as is co-extensive with the railway described in Schedule 1 to this Order including all lands and works relating thereto;

“Railway No. 1” means the railway authorised to be constructed, made and maintained by the principal Order, as redefined by article 9 of this Order;

“Railway No. 2” means the railway authorised to be constructed, made and maintained by the Society pursuant to article 4 of this Order;

“the Society’s railway” means the railway consisting of Railway No. 1 together with such part or the whole of Railway No. 2 as shall have been constructed for the time being;

“the bypass crossing” means the level crossing described in article 10 of this Order;

“the specified road” means the road at the bypass crossing;

“the carriageway” means the carriageway of the specified road;

“Regulations” means the Traffic Signs Regulations and General Directions 1981(7);

“the deposited plan” means the plan and section deposited with the Secretary of State on the application for this Order in respect of the bypass crossing.

(2) In this Order the expressions “left hand side” and “right hand side” shall be construed as they would appear to a person approaching the bypass crossing along the specified road.

(3) All directions and distances stated in the descriptions of the Board’s railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.

Incorporation and application of enactments: amendment of Order

3.—(1) The provisions of the Railways Clauses Consolidation Act 1845(8), except sections 8, 9, 11 to 15, 32 to 44, 53 to 57, 59 and 60, 94, 95, 97 and 115 to 124, and sections 3 to 5 and 12 of the Railways Clauses Act 1863(9), are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.

(2) Sections 16 and 68 of the Railways Clauses Consolidation Act 1845 shall not apply to Railway No. 2.

(3) Subject to the provisions of this Order such of the enactments mentioned in the Second Schedule to the Light Railways Act 1896 as are still in force shall not apply to Railway No. 2 except for section 22 of the Regulation of Railways Act 1868(10) (Communication between passengers and Company’s servants to be provided) andsection 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889(11).

(4) In its application to Railway No. 2 section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.

(5) The principal Order is hereby amended or extended in accordance with the provisions of this Order.

Power to make Railway No. 2

4.  Subject to and in accordance with the provisions of this Order, the Society may on lands occupied under licence from the Board and on the same line and levels as the Board’s railway construct, make and maintain the railway described in Schedule 1 to this Order together with all necessary works and conveniences connected therewith, including a station, premises, workshops and facilities, and work it as a light railway under the principal Act.

Land required in connection with Railway No. 1 or Railway No. 2

5.—(1) The Town Council may sell, lease or sub-lease to the Society any additional land required for or incidental to the purposes of Railway No. 1, on such terms and conditions as may be agreed between the Town Council and the Society.

(2) The Board may grant to the Society a licence to occupy and use any land required in connection with the construction of Railway No. 2 or any part of it on such terms and conditions as may be agreed between the Board and the Society.

(3) The Board and the Society may enter into and carry into effect agreements as to the responsibility for construction and maintenance of accommodation works in respect of Railway No. 2 on such terms and conditions as may be agreed between the Board and the Society.

Gauge of railway and motive power

6.  Railway No. 2 shall be constructed to a gauge of 1435 millimetres (four feet eight and one half inches) and the motive power shall be steam or internal combustion or such other motive power as the Secretary of State may approve:

• Provided that nothing in this Order shall authorise the Society to use electrical power as motive power unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages:

• Provided also that, if electrical power is used as motive power on Railway No. 2, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus (as defined in Schedule 2 to the Telecommunications Act 1984(12)) or with telecommunication by means of such apparatus.

Restriction of weight on rails and of speed: conveyance of passengers

7.—(1) The Society shall not use upon Railway No. 2 any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.

(2) The Society shall not run any train or engine upon any part of Railway No. 2 at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.

(3) No part of Railway No. 2 shall be used for the conveyance of passengers without the permission in writing of the Secretary of State and the Society shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using Railway No. 2.

(4) If the Society act in contravention of any of the provisions of this article they shall for each offence be liable on summary conviction to a penalty not exceeding level 2 on the standard scale.

As to public liability insurance

8.—(1) In this article

“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982(13) to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;

“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than £2 million.

(2) (i) The Society shall not work the Society’s railway unless there is in force a policy in accordance with the provisions of this article.

(ii) In default of compliance with the provisions of this article the Society shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(3) The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the Society.

Existing railway redefined

9.  Railway No. 1 shall include any vertical or horizontal deviation of track connected with the taking of the road intended to be known as the Wallingford Bypass over Railway No. 1 in accordance with article 10 below, provided that any such deviation is within the limits referred to in that article.

Construction of public level crossing

10.—(1) The Society, the Town Council and the County Council may enter into and carry into effect agreements (and may carry into effect the agreement previously entered into by them and dated 10th January 1990) providing for the construction by the County Council in the lines or situations and within the limits of deviation shown on the deposited plan and at the same level (save as hereinafter permitted) as the existing Railway No. 1, of the bypass crossing (as described in Schedule 2 to this Order) together with all such approaches and plant and other works and conveniences as it may be necessary or convenient to construct in connection with it, and for the dedication of the bypass crossing as a public highway subject to the Society’s existing powers to maintain and operate the Society’s railway.

(2) In the construction of the bypass crossing the County Council may deviate laterally in the lines or situations of the work shown on the deposited plan within the limits of deviation shown thereon and they may also deviate vertically in the construction of the work from the levels of the existing railway to any extent not exceeding 1 metre upwards and 1 metre downwards.

(3) The Society and the County Council may enter into and carry into effect agreements providing for the construction of the bypass crossing, and for the dedication of the bypass crossing as a public highway subject to the rights and powers to maintain and operate the Society’s railway by virtue of the principal Order and this Order, and for the installation, operation and maintenance of any gates, barriers, lights, traffic signs and other devices and appliances referred to in this article.

(4) (i) The Society may make provision for the County Council to use the bypass crossing to give access and accommodation to the works to be undertaken by the County Council in the construction of the public road referred to in Schedule 2 to this Order.

(ii) Such access and accommodation shall be by means of a temporary level crossing on the same alignment and level and within the same limits of deviation as those referred to in paragraphs (1) and (2) of this article.

(5) The following provisions, being provisions which in the opinion of the Secretary of State are necessary or expedient for the safety of those using the bypass crossing, shall apply in respect of the bypass crossing:&—

(i) The Society shall, during the period in which the County Council is engaged in works to provide the new road referred to in Schedule 2 to this Order, provide, operate and maintain the protective equipment which is specified in Part I of Schedule 3 to this Order.

(ii) The Society shall provide, and shall from the time when the works referred to in sub-paragraph (i) above are completed and thereafter so long as this Order continues in force operate and maintain the protective equipment which is specified in Part II of Schedule 3 to this Order.

(iii) The Society shall during the period of works mentioned in sub-paragraph (i) above observe the conditions and requirements specified in Part III of Schedule 3 to this Order, and thereafter shall observe the conditions and requirements specified in Part IV of Schedule 3 to this Order.

(iv) There shall be no interval of time between the discontinuance of the provisions of Part I and the commencement of the provisions of Part II.

(6) Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at the bypass crossing nor shall the Society be subject to any regulations regarding the speed of trains over it except as provided for in this Order.

As to public footpath level crossings

11.—(1) The Society may maintain Winterbrook Lane crossing in its existing form as a public footpath level crossing coinciding with an occupation crossing, and signs suitable for such a crossing shall be provided on each side of the railway facing pedestrians and vehicles approaching the crossing.

(2) The Society may maintain Green Lane crossing in its existing form as a public footpath level crossing coinciding with an accommodation crossing, and signs suitable for such a crossing shall be provided on each side of the railway facing pedestrians and vehicles approaching the crossing.

(3) Gates shall be provided on each side of the railway at each of the said crossings and shall open outwards away from the railway.

(4) A whistle board of standard railway design shall be provided on each of the railway approaches to each of the said crossings at that point from which a train travelling at the maximum speed permitted under this Order would run for 10 seconds before arriving at the crossing, and drivers of trains passing between 0700 and 2330 hours shall sound the train whistle.

For protection of public gas suppliers

12.—(1) Subject to paragraph (2) below, nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986(14), in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which Railway No. 2 is constructed.

(2) Where at the coming into force of this Order any such apparatus is already situated under, over or upon any of those lands and the relations between the Board and that supplier in respect of the apparatus are regulated by the provisions of any enactment or agreement, those provisions as between the Board and the supplier shall prevail.

For protection of Southern Electric plc

13.—(1) The provisions of article 10 of the principal Order (For protection of the Southern Electricity Board) shall have effect in relation to Railway No. 2 as well as to Railway No. 1 as if they were here set out and as if:—

(i) references to the Southern Electricity Board were references to Southern Electric plc, and

(ii) “apparatus” were defined as meaning any electric line or electrical plant as respectively defined by section 64 of the Electricity Act 1989(15).

(2) Nothing in this article shall prejudice or affect the provisions of any enactment or agreement regulating the relations between the Board and Southern Electric plc in respect of any apparatus already situated in, under or upon the land to which the Order relates upon its coming into force.

Signed by authority of the Secretary of State for Transport

J. R. Coates

An Under Secretary in the

Department of Transport

28th April 1992.

Article 2(1)

SCHEDULE 1

That length of the former railway of the Board in the parish of Cholsey in the district of South Oxfordshire as extends from the southern terminus of Railway No. 1 and continues in a south-easterly direction to the north of and parallel to the main Bristol-to-London railway of the Board and terminating at the eastern end of the bay platform at the Board’s Cholsey Station.

Article 10(1)

SCHEDULE 2

A level crossing carrying over Railway No. 1 a new section of public road to be constructed by the County Council in the district of South Oxfordshire in the County of Oxford and forming part of the proposed Wallingford Bypass, and crossing the railway at a point (National Grid reference SU 597884) shown on the deposited plan.

SCHEDULE 3

Article 10(5)

PART I

Particulars of the Gates, Traffic Signsand Other Protective Equipment at the AccommodationWork Stage.

1.  A gate shall be pivoted as close to the railway as practicable on each side of the accommodation road on both sides of the railway.

2.  When closed to road vehicles the gates shall extend across the accommodation road. The tip of each gate shall extend to a point not more than 75mm from the tip of the gate on the other side of the road on the same side of the railway.

3.  The uppermost surfaces of the gates shall be not less than 1450mm above the road surfaceand the underclearance between the gatesand the road surface shall not exceed 300mm.

4.  The gates shall open outwards away from the railway and, when open to road vehicles, each gate shall be parallel with the edge of the road and shall be secured to a latch post.

5.  Each gate shall be provided with a suitable mechanism at its tip to secure the gate in either position. An additional mechanism shall provide facility to secure one gate to the other gate when the gates are closed to road traffic and this mechanism shall be so arranged that it can be locked in the closed position by either of two padlocks but can only be opened when both are unlocked.

6.  The gates shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure.

7.  The framework of the gates shall be comprised of parallel horizontal members including not less than four rails in addition to the top and bottom members.

8.  The gates shall each display a semi-circular plate of Red Class I retro-reflecting material so arranged that when the gates are closed to road traffic the plates together shall form a circular plate not less than 750mm in diameter on the faces directed towards oncoming road traffic.

9.  A sign shall be provided approximately five metres before the latchpost on the left hand side of the road on each side of the railway and shall display the words “Private Crossing. Access only to authorised vehicles. Stop and wait here if gates are closed”.

10.  A stop board of standard railway design displaying the words “Stop—close crossing gates before proceeding” shall be provided on each railway approach to the crossing approximately 25 metres before the crossing. The stop boards shall be provided with Class I retro-reflecting material or shall be illuminated.

11.  An advance warning board of standard railway design shall be provided on each railway approach to the crossing approximately 300 metres before the crossing and shall be provided with Class I retro-reflecting material or shall be illuminated.

PART II

Particulars of the Barriers and Other Protective Equipment when the Road is Open to the Public.

12.  A lifting barrier shall be pivoted as close to the railway as practicable on the left hand side of the specified road on each side of the railway.

13.  When lowered the barriers shall be as nearly horizontal as possible, be as nearly as possible at right angles to the centreline of the carriageway and shall extend across the left hand side of the carriageway and the footway. The tip of each barrier shall extend to a point not less than 450mm beyond the left hand edge of the central reservation mentioned in paragraph 42 below.

14.  When the barriers are fully lowered their uppermost surfaces shall be not less than 900mm above the road surface at the centre of the carriageway and the underclearance between the barriers and the carriageway shall not exceed 1000mm.

15.  When in the fully raised position the barriers shall be inclined towards the carriageway at an angle of between 5 and 10 degrees from the vertical. No part of any barrier or of any attachment thereto which is less than five metres above the level of the carriageway shall be horizontally displaced from the nearer edge of the carriageway by less than 450mm and no part of any barrier or any attachment thereto which is less than 2 metres above the level of the footway shall be horizontally displaced from that edge of the footway further from the carriageway by less than 150mm.

16.  The barriers shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure. It shall also be possible to raise them by hand.

17.  The barriers shall display on both front and rear faces alternate red and white bands each approximately 600mm long and to the full depth of the barriers. A band of red retro-reflecting material not less than 50mm deep shall be provided along the full length of each red band.

18.  Suitable screening shall be provided for each barrier machine to guard against danger to persons from the operating mechanism and moving parts of the machine.

19.  Three electric lamps, each of not less than 5 watts nominal rating and with lenses of not less than 50mm diameter, shall be fitted to each barrier, one within 150mm of its tip, one near the edge of the carriageway, and one near the centre point between the other two. When illuminated the lamps shall show a red light in each direction along the carriageway.

20.  A traffic light signal as prescribed by Regulation 31(4) of the Regulations, shall be provided on the left hand side of the carriageway on each approach to the crossing along the specified road and as close as practicable to the barrier. There shall be an additional traffic light signal of the same type in the central reservation in the specified road on each side of the railway so located as to be either in line with or on the railway side of the stop line mentioned in paragraph 23 below. The traffic light signals on each side of the railway shall be so positioned as to face outwards from the crossing towards approaching road traffic. All the signals including the individual lanterns shall be capable of directional adjustment.

21.  A lamp which when illuminated shows a symbol of the size, colour and type shown in the upper portion of Diagram No. 4002 in the Regulations shall be provided on the right hand side of each approach to the crossing along the specified road so located as to be approximately 4.0 metres before the railway. The lamps shall be directed towards pedestrians approaching the crossing on the right hand side of the specified road. It shall be possible to adjust the directional alignment of the lamps.

22.  An audible warning device shall be provided on or adjacent to each left hand side traffic light signal post. A similar device shall also be provided on or adjacent to each of the pedestrian warning lamps mentioned in paragraph 21 above. Facilities shall be provided to reduce the sound output of these devices and any reduced sound output shall operate between 2330 hours and 0700 hours approximately.

23.  A reflectorised stop line of the size, colour and type shown in Diagram 1001 in the Regulations shall be provided across the left hand side of the carriageway on each side of the railway not more than 2.5 metres before the left hand traffic light signal.

24.  A reflectorised pedestrian stop line of the size, colour and type shown in Diagram 1003.2 in the Regulations shall be provided across the right hand of the carriageway and footway on both sides of the railway. The line shall be not less than 1 metre before the lamp mentioned in paragraph 21 above, not nearer than 2 metres to the running edge of the nearest rail, and shall be as nearly as possible at right angles to the centre line of the carriageway.

25.  Where the specified road passes over the crossing reflectorised edge of carriageway markings of the size, colour and type shown in Diagram 1011 in the Regulations shall be provided along each edge of each footway.

26.  The right hand edge of each of the carriageways over the crossing shall be marked on the crossing between the central reservations on each approach with a reflectorised double continuous line carriageway marking of the size, colour and type shown in Diagram 1013.1 in the Regulations. Such markings shall also be provided and extend outwards from a point immediately adjacent to the central reservation on the approach to the crossing on each side of the railway for at least 48 metres and in any case so far as is necessary for the markings to be part of the overall carriageway marking system.

27.  A traffic sign of the size, colour and type shown in Diagram 649.2 in the Regulations shall be provided on each road approach to the crossing along the specified road. The signs shall face traffic approaching the crossing.

28.  A traffic sign of the size, colour and type shown in Diagram 863 in the Regulations shall be provided on each side of the specified road on each side of the railway mounted below or adjacent to the traffic light signal and shall face outwards from the crossing towards approaching road traffic.

29.  A telephone mounted in a cabinet and connected to the Wallingford Station Control Office shall be provided on or adjacent to the right hand side traffic light signal post on each side of the railway. A traffic sign of the size, colour and type shown in Diagram 854 in the Regulations shall be provided on the door and at least two of the other faces of the cabinet. Suitable illuminated notices giving instructions to users shall be provided and maintained in each cabinet.

30.  Any lighting which is provided shall be at least to the same standard as the lighting of the carriageway.

31.  A railway signal shall be provided on each railway approach to the crossing and shall, when lit, show an intermittent white light. The white light shall only show if on each side of the railway at least one of the intermittent red lights in each of the traffic light signals mentioned in paragraph 20 above is lit, the main power supply has not failed and both barriers have commenced to fall. There shall be an additional railway signal on each railway approach mounted on the same post as the intermittent white light which shall, when lit, show an intermittent red light. This red light shall always be lit except when the red light mentioned above is showing.

32.  Facilities shall be provided at the crossing to operate the barriers and other protective equipment both locally and manually.

33.  Lighting shall be provided as necessary so that during the hours of darkness in conditions of normal visibility it can be seen by the train driver that the crossing is clear before the train proceeds over it.

34.  Two independent power supplies shall be provided at the crossing, one of which may consist of batteries. In the event of a mains power supply failure the capacity of the batteries shall be sufficient to operate the railway approach intermittent signals mentioned in paragraph 31 above for a duration of not less than 48 hours and also to operate both barriers to the fully raised position.

35.  A standard level crossing speed restriction board, which shall be provided with Class I retro-reflecting material or shall be illuminated, shall be provided on each railway approach to the crossing. The board shall be placed approximately 90 metres before the crossing in the Up direction and shall show a speed of 10 mile/h. The board shall be placed approximately 135 metres before the crossing in the Down direction and shall show a speed of 15 Mile/h.

36.  An advance warning board of standard railway design shall be provided on each railway approach to the crossing and shall be provided with Class I retro-reflecting material or shall be illuminated. Arrangements shall be made for additional boards to be located on or adjacent to any signals which may be provided on either railway approach to the crossing between the boards first mentioned above and the crossing.

37.  Cattle-cum-trespass guards of standard railway design shall be provided adjacent to the footways. The guards shall extend the full distance between the fence on each side of the railway.

PART III

Conditions and Requirements to be observed by the Society at the Accommodation Work Stage.

38.  The surface of the accommodation road over the crossing shall be maintained in a reasonably good and even condition. The accommodation road shall be approximately 7.3 metres wide on the approaches to the crossing and shall be approximately 11 metres wide over the railway.

39.  The gates shall be kept constantly closed across the accommodation road except during the time when the security system mentioned in paragraph 40 below permits use of the accommodation road by any authorised vehicle.

40.  The gates shall be secured in the closed position on both sides of the railway by either or both of two padlocks. If the railway is closed the railway padlocks will be removed and lodged with the Line Controller. If the railway is open trains will be brought to a stand before the crossing as mentioned in paragraph 41 below and the person in charge of the train shall close and secure the gates on both sides of the railway with the railway padlocks. If road access is not required the works padlocks will be applied to the gates on both sides of the railway and the keys thereof lodged with the Clerk of Works. If road access is required the Clerk of Works may release the keys of the works padlocks to authorised Contractors. The Line Controller shall reach a clear understanding as to rail and road traffic movements on each day the railway is open and shall keep a record of this. The Clerk of Works shall keep a clear record of the issue and return of works padlock keys.

41.  Drivers shall bring their trains to a halt at the stop boards mentioned in paragraph 10 above and shall sound the train’s whistle before proceeding. Trains travelling in either direction shall not proceed over the crossing until the driver has been given a clear handsignal by the person in charge of the level crossing to signify that the gates on both sides of the railway are securely closed and locked against road traffic and that the crossing is clear.

PART IV

Conditions and Requirements to be observed by the Society when the Road is Open to the Public.

42.  The carriageway shall be divided into two separate carriageways on both sides of the railway approximately 14.0 metres before the crossing and there shall be a central reservation between the carriageways on each approach to the crossing on each side of the railway approximately 2.2 metres wide and 12.0 metres long. Each of the carriageways shall be approximately 4.0 metres wide. The separation between the two carriageways shall be approximately 4.8 metres wide. There shall be a footway approximately 1.0 metre wide between the carriageway and the outermost extent of the highway on both sides of the railway on each approach to the crossing. The surface of the carriageway and footways over the crossing shall be maintained in a good and even condition.

43.  The barriers shall be kept in the fully raised position except during the time when any train passing along the railway has occasion to cross the specified road. The electric lamps on each barrier shall be lit except when the barriers are fully raised.

44.  When a train either occupies a track circuit or operates a treadle the sequence of events to close the crossing to road traffic shall automatically begin. The sequence shall be:—

(a) The amber lights shall show and the audible warning shall begin. The lights shall show for approximately three seconds.

(b) Immediately the amber lights are extinguished the intermittent red lights of the traffic signals and the pedestrian warning lights shall show.

(c) Four to six seconds later the barriers shall begin to descend and shall take another six to ten seconds to reach the lowered position.

45.  Not less than 27 seconds shall elapse between the time when the amber lights first show and the time when the train reaches the crossing. The barriers shall rise as soon as the train has passed clear of the crossing.

46.  The intermittent red lights shall continue to show and the audible warning devices to sound until the barriers have begun to rise and both shall be switched off before the barriers have risen to an angle of 45 degrees above the horizontal.

47.  After a train has passed one of the standard level crossing speed restriction boards referred to in paragraph 35 above the relevant speed shall not be exceeded until the front of the train has passed over the crossing.

48.  In the event of a failure of both intermittent red lights in any of the road traffic signals, provided the barriers have not commenced to lower they will remain in the fully raised position and the signals on each railway approach will continue to show an intermittent red light. Should such a failure occur with the barriers in any position other than fully raised they will lower and remain lowered until they are raised by the passage of a train or locally/manually. In these circumstances the white signal on the relevant railway approach will be extinguished and the other signal on the same railway approach will show an intermittent red light.

49.  If either barrier fails to rise from the lowered position the intermittent red lights in the road traffic light signals shall continue to show.

50.  Should a total power failure occur, provided the barriers have not commenced to lower they will remain in the fully raised position. If the barriers are in any other position when the failure occurs they will remain in that position until they are manually raised.

51.  If the white railway signal mentioned in paragraph 31 above shows and the crossing is unobstructed, drivers of trains in both directions may drive their trains over the crossing at a speed not exceeding the speed indicated on the relevant board described in paragraph 35 until the front part of the train has passed over the crossing. If the white light does not show and the red light continues to show or the crossing is obstructed at the time the white light is showing, drivers shall bring their trains to a stand short of the crossing and may thereafter proceed with caution when it is safe to do so.

52.  The Society shall give notice in writing to the Secretary of State as soon as the provisions of Parts II and IV of Schedule 3 have been met and the crossing shall be inspected as soon as possible thereafter.

(1)

1896 c. 48; sections 7 and 9 were repealed in part by the Railways Act 1921 (c. 55), section 86(2) and Schedule 9; section 10 was repealed in part by the Statute Law (Repeals) Act 1986 (c. 12), Schedule 1; section 11 was amended by the Light Railways Act 1912 (c. 19), section 5(3), and the Railways Act 1921, section 73(1), and was repealed in part and further amended in respects not relevant to this Order; section 12 was repealed in part by the Finance Act 1929 (c. 21), section 6 and Schedule.

(2)

S.I. 1970/1681, 1979/571 and 1981/238.

(3)

S.I. 1989/1833.

(4)

1985 c. 6.

(5)

1864 c.cclxvi.

(6)

1872 c.cxxix.

(7)

S.I. 1981/859; the relevant amending instrument is S.I. 1984/966.

(8)

1845 c. 20.

(9)

1863 c. 92.

(10)

1868 c. 119.

(11)

1889 c. 57.

(12)

1984 c. 12.

(13)

1982 c. 50.

(14)

1986 c. 44.

(15)

1989 c. 29.