§ (1) In Part III of the Act of 1930 and in this Act the expression "traffic sign" shall mean any object or device (whether fixed or portable) for conveying warnings, information. requirements or prohibitions of any description prescribed or authorised under subsection (2) of section forty-eight of the Act of 1930 to traffic on roads or any specified description of traffic, and any line or mark on a road for conveying such warnings, information, requirements or prohibitions.
§ (2) In subsection (4) of the said section forty-eight (which requires a highway authority to secure the removal of unauthorised traffic signs and similar objects) for the words "The highway authority shall" there shall be substituted the words "The highway authority may", for the words from "any traffic sign" to "such a sign" there shall be substituted the words "any object or device (whether fixed or portable) for the guidance or direction of persons using roads", the proviso to the said subsection (4) shall cease to have effect, and in subsection (5) of that section after the word "object" there shall be inserted the words "or device".
§ (3) References in any enactment (including an enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display thereof in any manner, whether or not involving fixing or placing.
§ (4) For the purposes of subsection (2) of the said section forty-eight (which provides that traffic signs shall be of the prescribed size, colour and type except where a sign of another character is authorised) illuminations, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination shall be part of the type or character of a sign.
§ (5) The power conferred by subsection (5) of section forty-eight of the Act of 1930 to give directions for the removal of a traffic sign shall include power to give directions for the placing of a traffic sign of any prescribed type or authorised character specified in the directions or for replacing a sign so specified by, or converting it into, a sign of another prescribed type or authorised character so specified.
§ (6) In subsection (7) of section forty-eight of the Act of 1930 (which confers default powers) for the words "effect the removal" there shall be substituted the words "carry out the work required by the direction"; and any direction under subsection (5) or (6) of that section—
- (a) if relating to a road or bridge in England or Wales. shall be enforceable on the application of the Minister by mandamus;
- (b) if relating to a road or bridge in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section ninety-one of the Court of Session Act, 1868.—[Mr. Molson.]
§ Brought up, and read the First time.
§ Mr. MolsonI beg to move, That the Clause be read a Second time.
The new Clause seeks to clarify and extend the Minister's powers under Sections 48 and 49 of the 1930 Act over the erection, display, illumination, etc., of traffic signs. It is a consequence of the representations made to the Government by the motoring authorities and, in particular, by my hon. Friend the Member for Twickenham (Mr. Gresham Cooke).
Subsection (1) of the new Clause is intended to remove certain doubts in the existing law. Section 48 (9) defines a traffic sign as including
… all signals, warning sign posts, direction posts, signs, or other devices for the guidance or direction of persons using roads.By Section 48 (1) the highway authority may… cause or permit traffic signs to be placed on or near any road in their area.Doubts have arisen whether this language is wide enough to embrace carriageway markings and hence whether it is possible to prescribe such markings in regulations. A further doubt arises whether a portable sign, such as that used by a school crossing patrol or at an airfield crossing, can be said to be "placed on or near" a road.The new Clause makes it clear that any object or device, whether fixed or portable, may be a traffic sign if prescribed or authorised as such by the Minister.
The second effect of subsection (1) is to enable the Minister to authorise the precise meaning of any traffic sign.
Subsection (2) also deals with a doubt which has arisen and restores what is believed to have been the earlier position by referring in this connection to objects and devices instead of to traffic signs.
Subsection (3) ensures that reference in any enactment to the placing of an object or traffic sign shall apply equally to the display thereof in any manner, for example, the holding up of a portable sign. Subsection (4) will permit the Minister to prescribe or authorise the illumination of traffic signs either by 332 lighting or by the use of reflectors or reflecting material. It is obviously very desirable that the Minister should be able to require the illumination of such signs as, for instance, halt signs.
Subsection (5) extends the Minister's power to give directions for the removal of a traffic sign, to enable directions to be given for the placing of traffic signs of the prescribed type or authorised character, and subsection (6) provides that where a highway authority fails to comply with a direction requiring the removal of a traffic sign the Minister may himself effect removal and recover the cost.
I hope that the Committee will feel that these are important matters of detail which are likely to lead to convenience, economy and safety upon the roads, and that the Committee will be willing to accept this new Clause.
Question put and agreed to.
Clause read a Second time.
Motion made, and Question proposed, That the Clause be added to the Bill.
§ Mr. Ernest DaviesWe welcome this new Clause also in so far as it contributes in any way towards the clarity of the directions on the roads and thereby to road safety. I urge the Minister to continue to give serious attention to the uniformity of the signs on the roads. There is a multitude of different signs. Motorists and pedestrians are confused by them. The more uniform the signs are the more likely they are to be observed and the greater the contribution they will make to road safety and the free flow of traffic. I hope that, having taken more and clearer powers, the Minister will turn his attention to that matter.
§ Mr. MolsonI would express my gratitude to the hon. Gentleman for what he has said. We regard this as being a matter of very considerable importance for the convenience of motorists and the safety of the public. We frequently incur unpopularity among local authorities which are anxious to put up special signs of their own which they believe to be improvements on the signs we are prepared to authorise. I am glad to have from the hon. Gentleman and so from the Opposition Front Bench support for our policy in trying to ensure that there should be uniformity of signs throughout the country.
§ Mr. George Isaacs (Southwark)I also welcome the new Clause, but I would ask the Minister to take into consideration one detail, and that is the height of the traffic signs. Many of them are placed at an inconvenient height above the level of the roads. Many of the signs are 3 ft. above road level. I wonder if the Minister would give consideration to the height of signs above the road level, since subsection (4) of the new Clause refers to signs
… of the prescribed size, colour and type. …It would be helpful if he would consider more uniformity in the height of signs above the roadway.
§ Mr. MolsonI think that is provided for, but I certainly will take note of what the right hon. Gentleman has said.
§ Mr. Gresham CookeI would express my gratitude to the Government for this new Clause. There was not adequate time to discuss this matter fully in Standing Committee. This is a valuable new Clause, for it tidies up what was a rather ridiculous doubt as to what was or was not a lawful illuminated sign.
§ Clause added to the Bill.