Part I-Preliminary

Citation and commencement

1. These Regulations may be cited as the Private Crossings (Signs and Barriers) Regulations 1996 and shall come into force on 1st August 1996.

Interpretation

2.-(1) In these Regulations, where the context so admits, the following expressions have the meanings hereby respectively assigned to them:-

"crossing" means a level crossing;

"crossing operator" means an operator of a railway or tramway that is crossed in any place by a relevant road or a private path;

"relevant road" means a private road that crosses, or a private road and a private path that cross, a railway or tramway;

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

"sign" includes a road marking and a light signal;

"the 1992 Act" means the Transport and Works Act 1992;

"the 1994 Regulations" means the Traffic Signs Regulations and General Directions 1994(2).

(2) Except where otherwise provided, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations and any reference in these Regulations to a numbered diagram shall be construed as a reference to the diagram bearing that number in Schedule 1 to these Regulations.

Part II-General Provisions

Signs to be of the size, colour and type shown in diagrams

3. Subject to the provisions of these Regulations, for the purposes of section 52 of the 1992 Act, a crossing operator may cause or permit the placement on or near the relevant road or private path of a sign of a size, colour and type described and shown-

(a)in a diagram in Schedule 1; or

(b)in a diagram in Schedule 3 to the 1994 Regulations; or

(c)in one of the diagrams numbered 601.1, 602, 953.1 and 953.2, 963.3, 966, 971, 1001, 1002.1, 1003, 1003.2, 1004, 1004.1, 1005, 1005.1, 1008, 1008.1, 1010, 1012.1, 1013.1, 1014, 1022, 1023, 1026, 1045, 3000.3, 3000.4, 3000.5, 3000.6, 3013, 3013.1, 3013.2, 3013.3, 3013.4, 3013.5 and 3014 in Schedules 2, 5, 6 and 8 to the 1994 Regulations.

Part III-Signs shown in Schedule 1

Colours of backs of signs

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

Dimensions

5.-(1) Any variation in a dimension specified in Schedule 1 shall be treated as permitted by these Regulations if the variation is not more than 5% more or less than the dimension specified.

(2) In the diagrams in Schedule 1 the dimensions given are expressed in millimetres.

Permitted variants

6.-(1) Where the circumstances so require the indication given by a sign shown in a diagram in Schedule 1 may be varied in the respect (if any) shown below the diagram relating to that sign.

(2) Where a sign in a diagram in Schedule 1 contains an indication as to the penalty relating to a failure to obey the requirements on that sign, the indication of the penalty may be varied when necessary to accord with changes in the legislation governing the nature and level of penalty.

Illumination of signs

7.-(1) Subject to paragraphs (2) and (3) of this regulation all parts other than the back of every sign shown in a diagram in Schedule 1 shall be illuminated by means of retroreflecting material.

(2) No retroreflecting material shall be applied to-

(a)any part of a sign coloured black; or

(b)the red and green lights in the signs shown in diagrams 107 and 108 and prescribed in regulation 8.

(3) Retroreflecting material need not be applied to a sign at a crossing which is not used by motor vehicles.

Miniature stop lights

8.-(1) The signs shown in diagrams 107 and 108 shall contain red and green lamps which are internally illuminated by a steady light in such a manner that-

(a)when one light is illuminated the other is not illuminated;

(b)the green lamp is and remains illuminated for so long as no railway or tramway vehicle is approaching the vicinity of the crossing from either direction; and

(c)the red lamp is and remains illuminated for so long as the green lamp is not illuminated.

(2) The lenses of the lamps shall be-

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

• or

(b)rectangular with each side measuring not less than 60 millimetres;

and the distance between the edges of the lenses of the green lamp and the red lamp shall be not less than 40 millimetres.

(2) The information, warnings, requirements and prohibitions conveyed by the lamps described in paragraphs (1) and (2) shall be as follows-

(a)the red lamp when illuminated shall convey the warning that a railway or tramway vehicle is approaching the vicinity of the crossing and the prohibition that persons must not proceed across the crossing;

(b)the green lamp when illuminated shall convey the information that no railway or tramway vehicle is approaching the vicinity of the crossing and persons may proceed across the crossing;

(c)if neither the red nor green lamp is illuminated persons should either telephone the crossing operator or proceed across the crossing with caution after having ascertained that no railway or tramway vehicle is approaching the vicinity of the crossing in accordance with the instructions shown on the sign.

Part IV-Signs shown in the 1994 Regulations

Proportions and significance etc. of signs

9. The provisions made by the 1994 Regulations in relation to the proportions, illumination and significance of, and requirements conveyed by, a sign shall have effect where the sign is placed under the authority of these Regulations, as if the relevant road or private path on or near to which it is placed were a road within the meaning of the Road Traffic Regulation Act 1984(3).

Part V-Barriers

Barriers to be of the character described in Schedule 2 or Schedule 3

10. For the purposes of section 52 of the 1992 Act, where a railway or tramway is crossed in any place by a relevant road, the operator of that railway or tramway may cause or permit a barrier to be placed on or near the relevant road near the crossing if it is, in the case of a gate, of the character described in Schedule 2, or, in the case of any other form of barrier, of the character described in Schedule 3.

Part VI-Signs relating to telephones

Placement of signs relating to telephones

11. The authority which these Regulations give for the placement of signs relating to telephones at a crossing shall only apply where telephones are, or are to be, provided on both sides of the crossing and connected direct to the crossing operator.

Regulation 3

SCHEDULE 1CROSSING SIGNS

Regulation 10

SCHEDULE 2GATES

1. Where gates are used, each gate shall (by itself or with another gate on the same side of the railway or tramway) be long enough to extend across the full width of the relevant road, and shall be pivoted to open away from the railway or tramway.

2. When a gate is closed, the uppermost surface of the gate shall not be less than 1350 millimetres above the road surface at the centre of the relevant road and the underclearance between each gate and the road shall not exceed 150 millimetres. Where the relevant road is an unmetalled track, the underclearance between the gate and the ground shall be no greater than 150 millimetres than is reasonably necessary, having regard to the need to avoid the gate grounding during opening and closing movements.

3. Where a gate is not installed solely for use by pedestrians, it shall be furnished with suitable mechanisms for securing it in the open and in the closed positions.

4. So far as reasonably practicable, a gate shall be constructed so as to be strong enough to withstand distortion or fracture caused by wind pressure or by a farm animal, and, subject thereto, it shall be as light in weight as possible.

Regulation 10

SCHEDULE 3BARRIERS OTHER THAN GATES

1. Where barriers are used, they shall when lowered across the relevant road be long enough to extend either-

(a)across the full width of the relevant road, or

(b)from the left-hand side of the relevant road (as seen from a vehicle approaching the crossing) to a point as close as possible to the centre of the relevant road as is consistent with allowing a clear passage at least 3 metres wide between the tip of the barrier and the other side of the relevant road.

2. When a barrier is lowered its uppermost surface shall be not less than 900 millimetres above the road surface at the centre of the relevant road and the underclearance between a barrier and the road surface shall not exceed 1000 millimetres.

3. A barrier shall be provided with means to raise it and hold it in the raised position and means to release the holding mechanism. A barrier may be so linked with any other barrier at the crossing that the barriers can be raised or lowered simultaneously from either side of the crossing.

4. A cover shall be provided for each pivot post for the purposes of guarding against danger to any person from the operating mechanism and the moving parts of the barrier machine.

5. The barriers when lowered shall display on both front and rear faces alternate red and white bands each approximately 600 millimetres long and to the full depth of the barriers. A strip of retroreflecting material not less than 50 millimetres deep, in colour matching that of the bands, shall be provided along the full length of each band.

6. The barriers may be fitted with skirts which fence in the space between the barriers and the road surface. Skirts shall be of a light colour.

7. Electric lamps may be fitted to the barriers and each lamp shall show a red light, when illuminated, in each direction along the relevant road.

8.-(1) So far as reasonably practicable-

(a)a barrier shall be constructed so as to be strong enough to withstand distortion or fracture, and

(b)a skirt fitted to a barrier shall be capable of withstanding damage,

caused by wind pressure or by a farm animal.

(2) Subject to (1) above, a barrier (with a skirt, if fitted) shall be as light in weight as possible.

Explanatory Note

(This note is not part of the Regulations)

Section 52(1) of the Transport and Works Act 1992 authorises the operator of a railway or tramway that is crossed by a private road or path to cause or permit the placement near the crossing of signs or barriers that are prescribed in Regulations made by the Secretary of State, or otherwise authorised by him.

These Regulations prescribe signs and barriers for the purposes of section 52(1).