New clause 8 - POWER TO IMPOSE REQUIREMENTS ON TRAFFIC AUTHORITIES AS REGARDS PROTECTIVE EQUIPMENT AT LEVEL CROSSINGS

Part of Road Safety Bill – in a Public Bill Committee at 4:00 pm on 3 February 2005.

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Photo of Charlotte Atkins Charlotte Atkins Assistant Whip, Parliamentary Under-Secretary, Department for Transport 4:00, 3 February 2005

I am sorry to disappoint the hon. Member for Caithness, Sutherland and Easter Ross, but I will not be recommending that the Committee accept the new clauses. Taking new Clause 8 first, I can tell hon. Members that the Secretary of State already has powers under the Level Crossings Act 1983 to provide for the protection of those using a level crossing, and to specify the protective equipment to be provided. That would include traffic lights, television equipment and so on. Clearly, the hon. Gentleman has alerted us to something that we may already have been aware of, but it is important to debate it. There is clearly a lack of interface between the traffic authorities and the railway. Despite the fact that Network Rail has direct access to the Department for Transport, it felt that, for some reason, it had to draft the new clauses.

The traffic authorities already have powers under the Highways Act 1980 to provide structures and equipment for the detection of traffic offences. That would obviously include cameras to detect motorists who jump red lights. I am absolutely appalled that someone would risk their life by jumping a red light to save 23 seconds. I am flabbergasted that anyone would do that. I believe that we have video or photographic evidence of someone doing that with two children in the back of the car. I cannot believe that anyone would want to do that, but people do. The problem is that it is difficult to legislate for people who do what would, in most people's eyes, be completely mad.

As I said, traffic authorities can put up traffic signs. They can convey all sorts of warnings and, in general, they do. The existing powers are broad enough to include most of the devices that have been suggested to improve the proper use of level crossings.

The new clause would also transfer responsibility for the level crossing from the railway to the traffic authority. That would make the traffic authority responsible for, and give it control over, the highway across the level crossing. It would require it to be responsible for the effects of the operation of a system over which it has no control, because it is the railway signalling system that instigates the operation of warning devices and barriers, and the traffic authority has no control over that. I appreciate that there may be a problem about sufficient warning devices, but the new clause would create an additional problem.

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Secretary of State

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