Level crossings
By: the Law Commission and the Scottish Law Commission
Contributors: Scottish Law Commission
Series: Law Com -- no. 339; Scot Law Com -- no. 234; Cm -- 8711; Law Com. (Series) -- no. 339.; Scot. Law Com. (Series) -- no. 234.; Cm (Series) (Great Britain. Parliament) -- 8711.
Publisher: TSO
Published: 2013
Place of publication: Norwich
Language: eng
Number of pages: 297
ISBN-13: 9780101871129
Subjects: Highway-railroad grade crossings; Safety regulations; Railroads; Railroad crossings
Description: This project, following a joint consultation in 2010, aims to modernise and clarify the safety regime governing level crossings in Great Britain. It aims to make it easier to close level crossings where necessary and preserve rights of way where appropriate. It recommends that safety should be regulated entirely by the Health and Safety at Work, etc Act 1974, and approved codes of practice and guidance under new powers given to the Office of Rail Regulation. Modern safety regulation should also take precedence over safety provisions in special Acts. It is also recommended that the Level Crossings Act 1983 be repealed. In place of level crossing orders under that Act, there should be regulations making provision for level crossing plans which may be entered into voluntarily in respect of public and private level crossings if the parties whish to create such an arrangement. Also recommended are creation of duties on railway operators and traffic authorities; clarification of boundaries between the enforcement responsibilities of the Office of Rail Regulation and those of the Health and Safety Executive; and disapplication of obsolete statutory provisions. Most of the recommendations for reform of the law are given effect in the draft Level Crossings Bill and draft Level Crossings Plans Regulations both of which are included in the report.
Notes: "Presented to the Parliament of the United Kingdom by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty. Laid before the Scottish Parliament by the Scottish Ministers. September 2013."

Includes bibliographical references.
Table of contents: title: Introduction; title: Safety and convenience --; title: Closure --; title: Rights of way : England and Wales --; title: Rights of way and access issues : Scotland --; title: Other issues ---- Recommendations.