UK Offence Report

Contravention of The Pelican Pedestrian Crossings Regulations and General Directions 1987

the instrument as a whole of The Pelican Pedestrian Crossings Regulations and General Directions 1987

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under sections

5 and 17(4) of the Road Traffic Regulation Act 1984. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Pelican Pedestrian Crossings Regulations and General Directions 1987.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 5 and 17(4) of the Road Traffic Regulation Act 1984.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
12 January 1987
In force from
18 February 1987
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Instrument) — the explanatory note published with the instrument, © Crown copyright.

This Instrument revokes and re-enacts with amendments the provisions of the “Pelican” Pedestrian Crossing Regulations and General Directions 1969 and the “Pelican” Pedestrian Crossings (Amendment) Regulations and General Directions 1979. The changes of substance to the “Pelican” Pedestrian Crossing Regulations 1969 (as amended) are as follows: 1 The permitted variations in certain dimensions are increased (regulation 4 and Schedule 2). 2 Provision is made for zig-zag markings to be placed on the carriageway in the vicinity of a “Pelican” crossing for the purpose of making that carriageway a “Pelican” controlled area in relation to a “Pelican” crossing (Schedule 2, paragraphs 5 to 8). 3 Regulation 5 provides that certain apparatus may be housed in a box attached to the post or structure on which the vehicular light signals are mounted. 4 Regulation 6 provides that certain traffic signs may be placed as additional traffic signs at or near a “Pelican” crossing. Regulation 10 prescribes their significance. 5 Provision is made that the prohibition on proceeding when the vehicular light signals show a red light and the requirement for precedence for pedestrians when the signals show a flashing amber light apply if the primary signal is operating without the secondary signal and the secondary signal is operating without the primary signal (regulations 8, 16 and 17 together with the definition of vehicular light signal in article 3(2) in Part I of this Instrument). “Primary signal” and “secondary signal” are defined in article 3(2) in Part I. Provision is made that the prohibitions on proceeding beyond the stop line when the vehicular light signals are showing red or steady amber apply, if the stop line is not visible, as prohibitions on proceeding beyond the post or other structure on which the primary signal is mounted (regulations 8(1)(b) and (c) and 16). There is an exemption (regulation 8(1)(d)) for emergency services vehicles. 6 When the vehicular light signal is showing a flashing amber light and likewise when the pedestrian light signal is showing a flashing green light a pedestrian has precedence over vehicles if he is on the carriageway or a central reservation within the limits of the crossing, but not if he is on a central reservation which lies between two crossings which form part of a system of staggered crossings (regulations 8(1)(a), 9(2)(c) and 17). “Central reservation” and “system of staggered crossings” are defined in article 3(2) in Part I. 7 Regulation 12 prohibits vehicles (other than certain pedal cycles) from stopping in “Pelican” controlled areas, subject to the exceptions in regulations 13 and 14, and, in relation to “Pelican” crossings in existence before these Regulations come into operation, subject also to regulation 15. 8 Regulation 19 introduces a prohibition against the overtaking in a “Pelican” controlled area of another moving or stationary vehicle by drivers of vehicles proceeding towards a “Pelican” crossing. 9 Regulation 20 modifies the prohibition as to overtaking a stationary vehicle in the case of a system of staggered crossings. 10 As from 18th February 1989 the manner of indicating the vehicular approaches to a “Pelican” crossing and the requirements with respect to the stopping of vehicles on the approach to a “Pelican” crossing will cease to have effect (regulation 3 and Schedule 2, paragraph 3). Instead of studs, zig-zag lines will have to be used. 11 The device which is used by pedestrians to activate the sequence of signals may be a pressure pad as well as a push button (Schedule 1, para 4(2)). There is also provision for the indicator for pedestrians to include a device for making tactile signals (Schedule 1, para 4(4)). 12 Provision is made that on two-way roads hatched markings may be placed on the carriageway where there is a central reservation, but such a marking must be provided where the central reservation connects two crossings which form part of a system of staggered crossings (Schedule 2, paragraph 6(3) and diagram 3). Chevron markings in place of hatched markings are to be used in similar situations in one-way streets (Schedule 2, paragraph 7(3) and diagram 6). 13 The provision to omit the stop line (formerly contained in paragraphs 5 and 9 of Schedule 2 to the 1969 Regulations) is discontinued, and the stop line becomes mandatory in all cases. Apart from the changes of substance mentioned above, Schedule 2, which prescribes the manner of indicating the presence and limits of a “Pelican” crossing, is redrafted so that reference is made to diagrams and so as to include the manner of indicating the presence and limits of a “Pelican” controlled area. Regulation 2(3) provides a saving provision whereby “Pelican” crossings established before the coming into operation of these Regulations shall continue to be constituted as “Pelican” crossings if they complied with the 1969 Regulations. And regulation 3(4) provides a saving provision for approaches to “Pelican” crossings until 18th February 1989. The changes of substance to the “Pelican” Pedestrian Crossings General Directions 1969 as amended are as follows: 1 The General Directions provide that vehicular light signals shall be placed either as primary or as secondary signals (direction 2). 2 Direction 4 makes provision for the placing of the additional traffic signs referred to in regulation 6. 3 The requirement formerly contained in the amended paragraph 6(1) of the 1969 Directions for approval of the Secretary of State to the use of signals which operate with the alternative phasing specified in Table 2 in Part IV of Schedule 1 to the Regulations is discontinued.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source