New clause 8 - POWER TO IMPOSE REQUIREMENTS ON TRAFFIC AUTHORITIES AS REGARDS PROTECTIVE EQUIPMENT AT LEVEL CROSSINGS
Road Safety Bill
3:45 pm

'(1) Section 1 of the Level Crossing Act 1983 (which enables the Secretary of State to make orders as to safety arrangements at level crossings) is amended as follows.

(2) In subsection (2), after paragraph (a), omit ''and'' and insert—  

''(aa) may impose requirements on any relevant traffic authority as to the provision, maintenance or operation of any such barriers or other protective equipment, including the maintenance or operation of equipment provided before the making of the order; and.''

(3) In subsection (6)—

(a) for ''the operator and to each local authority in whose area the level crossing is situated'' substitute—

''(a) the operator;

(b) each local authority in whose area the level crossing is situated; and

(c) in the case of a proposed order which includes a provision under subsection (2)(aa) above, the relevant traffic authority concerned,''; and

(b) for ''or local authority'' substitute '', local authority or relevant traffic authority''.

(4) In subsection (8)—

(a) after ''situated'' insert ''and, in the case of a proposed order which includes a provision under subsection (2)(aa) above, the relevant traffic authority concerned''; and

(b) in paragraph (b), after ''local authority'' insert ''or the relevant traffic authority concerned''.

(5) In subsection (11) (interpretation)—

(a) in the definition of ''protective equipment'', after ''television equipment'', insert '', prescribed device within the meaning of section 20 of the Road Traffic Act 1988 (devices for detection of road traffic offences),''

(b) after the definition of ''protective equipment'' insert—'' 'relevant traffic authority' means a traffic authority in whose area all or part of the level crossing in question is or is proposed to be situated or any barriers or other protective equipment in question is or are situated or is or are proposed to be situated;'' and

(c) after the definition of ''road'' insert—'' 'road traffic authority' has the same meaning as in the Road Traffic Regulation Act 1984''.

(6) This section applies in relation to barriers and other protective equipment provided before, as well as after, this section comes into force.'.

—[John Thurso]

Brought up, and read the First time.

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