Road and Rail Traffic Act 1933

1933 CHAPTER 53 23 and 24 Geo 5

An Act to make provision for regulating the carriage of goods on roads by motor vehicles and for controlling the use of vehicles on certain roads; to amend certain provisions of the Road Traffic Act 1930; to amend the law relating to railways and to make provision for constituting a council to advise on questions in connection with the means of, and facilities for, transport; and for purposes connected with the matters aforesaid.

[17th November 1933]

Commencement Information

I1 Act not in force at Royal Assent by s. 49(2) (now repealed)

Part I E+W+S

1—36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1–36 repealed by Road Traffic Act 1960 (c. 16), Sch. 18

Part II E+W+S Railway Traffic

37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 S. 37 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 S. 38 repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 S. 39 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 S. 40 repealed by Statute Law Revision Act 1959 (c. 68)

41 Approval of Minister required to opening of new lines, converison to electric traction, &c. E+W+S

(1) A railway company which—

(i) proposes to open any railway, or any portion of a railway, for the public conveyance of passengers; or

(ii) proposes to open any additional line of railway, deviation line, station, junction or level crossing, which forms a portion of, or is directly connected with, a railway used for the public conveyance of passengers; or

(iii) having adapted for electric traction any railway so used, proposes to open it for such traction,

shall, before giving effect to its proposals, obtain the approval of the Minister, but the Minister shall not withold his approval if he is satisfied that the use of the railway or works in question, or of the railway as so adapted, will not be attended with danger to the public using it.

(2) The Minister may direct any such inspection to be made as he considers necessary for enabling him to decide whether his approval ought to be given in any case arising under this section, and sections three and four of the M1 Regulation of Railways Act 1871 (which sections relate to the appointment and powers of inspectors of railways) shall apply in relation to any such inspection.

(3) If a railway company contravenes any of the provisions of subsection (I) of this section, it shall, in respect of each day during which the contravention continues, forfeit to the Crown twenty pounds to be recovered by action in the High Court or, in the case of Scotland, in the Court of Session.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 S. 41(4) repealed by Statute Law Revision Act 1950 (c. 6)

Marginal Citations

M1 1871 c. 78.

42 Amendments as to level crossings. E+W+S

(1) The Minister, if upon an application made to him by the railway company concerned he is satisfied that it is expedient so to do, may direct that the gates on any level crossing over a public road shall, instead of being kept closed across the road, be kept closed across the railway, either constantly, or on such days, or during such portions of any day, as he thinks fit, and, if he so directs, the gates shall, notwithstanding anything in any Act (whether a public general Act or not) to the contrary, be kept closed in accordance with his direction, except when engines or vehicles passing along the railway have occasion to cross the road, and, if the person entrusted with the care of the gates fails to comply with the direction of the Minister, he shall on summary conviction be liable to a penalty of [F7 level 1 on the standard scale] for each offence.

(2) The powers conferred upon the Minister by the preceding subsection shall be deemed to be in addition to, and not in derogation of, any powers conferred upon him by section forty-seven of the M2 Railways Clauses Consolidation Act 1845, or section forty of the M3 Railways Clauses Consolidation (Scotland) Act 1845, or by any provision in a local and personal or private Act which relates to the closing of gates on level crossings.

(3) So much of section forty-eight of the M4 Railways Clauses Consolidation Act 1845, and of section forty-one of the M5 Railways Clauses Consolidation (Scotland) Act 1845, as requires that, where a railway crosses a road to which the section in question applies on a level adjoining to a station, all trains shall be made to slacken their speed before arriving at the road, and shall not cross it at a greater rate of speed than four miles an hour, and so much of any section of a local and personal or private Act as contains provisions substantially to the like effect, shall cease to have effect.

Textual Amendments

F7 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Modifications etc. (not altering text)

C1 S. 42 excluded (27.7.1993) by 1993 c. xv, s. 3(3)

S. 42 amended (2.2.1994) by virtue of 1993 c. 43, ss. 117(1)(6) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2

S. 42: power to repeal or modify conferred (2.2.1994) by 1993 c. 43, ss. 117(4)(g)(6), 150(1)(e); S.I. 1994/202, art. 2

S. 42 excluded (1.7.1994) by S.I. 1994/1761, art. 3(4)

S. 42 excluded (21.7.1994) by 1994 c. xi, s. 3(3)

S. 42 excluded (21.7.1994) by 1994 c. xv, s. 3(4)

Marginal Citations

M2 1845 c. 20.

M3 1845 c. 33.

M4 1845 c. 20.

M5 1845 c. 33.

43 Amendment as to duty of railway company to report certain accidents. E+W+S

(1) Section six of the M6 Regulation of Railways Act 1871 (which imposes upon a railway company the duty of notifying to the Minister certain accidents) as extended by subsection (2) of section thirteen of the M7 Railway Employment (Prevention of Accidents) Act 1900, shall have effect subject to the following modifications:—

(i) an accident which is attended with personal injury to a person or persons in the employment of the railway company, but which does not disable any such person for more than three days from earning full wages at the work at which he was employed, need not be notified to the Minister if, but for the fact that it was attended with personal injury, notification would not have been required by the said section six as so extended; but if, and so soon as, it is known that any person injured has been so disabled for more than three days, the company shall notify the accident by the earliest practicable post;

(ii) an accident which occurs to a person not in the employment of the railway company, and which is not connected with the movement of any engine or railway vehicle, need not be notified to the Minister by the earliest practicable post, but all such accidents as are referred to in this paragraph shall be notified to the Minister in such manner and at such times as may be required by directions given by him under the said section six.

(2) Nothing in the Notice of Accidents Acts 1894 and 1906, shall be construed as requiring notice to be given of any accident if, but for the provisions of this section, notification of that accident would have been required by section six of the M8 Regulation of Railways Act 1871, as so extended as aforesaid.

Modifications etc. (not altering text)

C2 S. 43 the expression “railway company" extended by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 43, 45, Sch. 6 para. 3, Sch. 7 Pt. VI para.2

Marginal Citations

M6 1871 c. 78.

M7 1900 c. 27.

M8 1871 c. 78.

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 44 repealed by Statute Law Revision Act 1959 (c. 68)

45 Interpretation of Part II. E+W+S

In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—

• [F9 “Carriageway” has the same meaning as in the Roads (Scotland) Act 1984;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

• “Minister” means the Minister of Transport;

• [F11 “Public road” has the same meaning as in the Roads (Scotland) Act 1984;]

• “Railway” includes a light railway, not being a light railway which is laid wholly or mainly along [F12 a public carriage way][F12 the carriageway of a public road]and is used wholly or mainly for the carriage of passengers;

• “Railway company” includes any person or body of persons whether incorporated or not, being the owner or owners or lessee or lessees of, or working, a railway;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F9 Definition inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 28(a)

F10 Definitions repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. I

F11 Definition inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 28(b)

F12 Words “the carriageway of a public road" substituted (S.) for “a public carriageway" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 28(c)

Part III E+W+S General

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W+S

Textual Amendments

F13 S. 46 repealed by Transport Act 1947 (c. 49), Sch. 15 Pt. I

47 Inquiries by Minister. E+W+S

(1) The Minister of Transport (in this section referred to as “the Minister”) may hold inquiries for the purposes of this Act or of the M9 Road Traffic Act 1930 (including appeals to him under either of those Acts) as if those purposes were purposes of the M10 Ministry of Transport Act 1919, and section twenty of that Act shall apply accordingly.

(2) Where any such inquiry is held, the Minister may make such order as to the payment of the costs incurred by him in connection with the inquiry (including such reasonable sum not exceeding [F14 £30] a day as he may determine for the services of any officer engaged in the inquiry) by such party to the inquiry as he thinks fit, and the Minister may certify the amount of the costs so incurred, and any amount so certified and directed by the Minister to be paid by any person shall be recoverable from him either as a debt due to the Crown or by the Minister summarily as a civil debt.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F14 Words substituted by S.I. 1968/656, Sch.

F15 Ss. 47(3), 48, 49(2) repealed by Statute Law Revision Act 1950 (c. 6)

Modifications etc. (not altering text)

C3 Power to amend s. 47(2) conferred by Public Expenditure and Receipts Act 1968 (c. 14), s. 5(1), Sch. 3 para. 5

Marginal Citations

M9 1930 c. 43.

M10 1919 c. 50.

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W+S

Textual Amendments

F16 Ss. 47(3), 48, 49(2) repealed by Statute Law Revision Act 1950 (c. 6)

49 Short title, commencement and extent E+W+S

(1) This Act may be cited as the Road and Rail Traffic Act 1933.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(3) This Act shall not extend to Northern Ireland.

Textual Amendments

F17 Ss. 47(3), 48, 49(2) repealed by Statute Law Revision Act 1950 (c. 6)

FIRST SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 1 repealed by Road Traffic Act 1960 (c. 16), Sch. 18

SECOND SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 2 repealed by Transport Act 1947 (c. 49), Sch. 15 Pt. I

F20 F20 THIRD SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 3 repealed by Statute Law Revision Act 1950 (c. 6)