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REGULATION OF RAILWAYS ACT 1889

REGULATION OF RAILWAYS ACT 1889 - LONG TITLE

An Act to amend the Regulation of Railways Acts; and for other
purposes.{1}
[30th August 1889]
Power to order certain provisions to be made for public safety.

REGULATION OF RAILWAYS ACT 1889 - SECT 1

1.(1) The Board of Trade may from time to time order a railway
company to do, within a time limited by the order, and subject to
any exceptions or modifications allowed by the order, any of the
following things:

(a)To adopt the block system on all or any of their railways open
for the public conveyance of passengers;

(b)To provide for the interlocking of points and signals on or in
connexion with all or any of such railways;

(c)To provide for and use on all their trains carrying passengers
continuous brakes complying with the following requirements, namely:

(i)The brake must be instantaneous in action, and capable of being
applied by the engine-driver and guards;

(ii)The brake must be self-applying in the event of any failure in
the continuity of its action;

<(iii)The brake must be capable of being applied to every vehicle of the train, whether carrying passengers or not;

<(iv)The brake must be in regular use in daily working;

(v)The materials of the brake must be of a durable character, and
easily maintained and kept in order.

In making any order under this section the Board of Trade shall
have regard to the nature and extent of the traffic on the
railway, and shall, before making any such order, hear any company
or person whom the Board of Trade may consider entitled to be
heard.

REGULATION OF RAILWAYS ACT 1889 - SECT 2
Enforcement of orders of Board of Trade.

2. If default is made in compliance with any order made by the
Board of Trade in pursuance of the last foregoing section, the
Railway and Canal Commission may, on the application of the Board
of Trade, enjoin obedience to the order,....

REGULATION OF RAILWAYS ACT 1889 - SECT 3
Issuing debenture stock to meet expenses incurred under this Act.

3. Whenever any railway company shall be ordered by the Board of
Trade to provide any appliances or execute any works, or incur any
expenditure under the provisions of this Act which would properly be
chargeable to capital account, it shall be lawful for such company
to furnish to the Board of Trade an estimate of the cost of
providing such appliances, executing such works, and carrying out
such order generally, and thereupon the Board of Trade shall, upon
the application of the company, fix and determine the amount which
would properly be capital expenditure, and the company may from time
to time issue debentures or debenture stock in priority to or
ranking pari passu with any existing debentures or debenture stock
of such company bearing interest at a rate not exceeding five per
cent. per annum to an amount not exceeding the sum so fixed and
determined, and any money raised under the provisions of this
section shall be applied in carrying out such requirements of the
Board of Trade and to no other purpose whatsoever, and no other
authority save the certificate of the Board of Trade shall be
requisite to authorise and validate the issue of such debentures or
debenture stock

REGULATION OF RAILWAYS ACT 1889 - SECT 4
Returns of overtime to Board of Trade.

4.(1) Every railway company shall make to the Board of Trade
periodical returns as to the persons in the employment of the
company whose duty involves the safety of trains or passengers, and
who are employed for more than such number of hours at a time as
may be from time to time named by the Board of Trade.

(2) The returns shall be delivered at such intervals, and shall be
in such form, and contain such particulars, as the Board of Trade
from time to time direct.

Subs.(3) rep. by 1954 c.9 (NI) s.29 sch.7

REGULATION OF RAILWAYS ACT 1889 - SECT 5
Penalty for avoiding payment of fare.

5.(1) Every passenger by a railway shall, on request by an officer
or servant of a railway company, either produce, and if so
requested deliver up, a ticket showing that his fare is paid, or
pay his fare from the place whence he started, or give the officer
or servant his name and address; and in case of default shall be
liable on summary conviction to a fine not exceeding [#25].

(2) If a passenger having failed either to produce, or if requested
to deliver up, a ticket showing that his fare is paid, or to pay
his fare, refuses, on request by an officer or servant of a
railway company, to give his name and address, any officer of the
company or any constable may detain him until he can be
conveniently brought before some justice or otherwise discharged by
due course of law.

(3) If any person

(a)Travels or attempts to travel on a railway without having
previously paid his fare, and with intent to avoid payment thereof;
or

(b)Having paid his fare for a certain distance, knowingly and
wilfully proceeds by train beyond that distance without previously
paying the additional fare for the additional distance, and with
intent to avoid payment thereof; or

(c)Having failed to pay his fare, gives in reply to a request by
an officer of a railway company a false name or address,

(4) The liability of an offender to punishment under this section
shall not prejudice the recovery of any fare payable by him.

REGULATION OF RAILWAYS ACT 1889 - SECT 6
Passenger ticket to have fare printed thereon.

6. From and after a date to be fixed by order of the Board of
Trade, and subject to such exceptions, if any, as may be allowed
by such order, every passenger ticket issued by any railway company
in the United Kingdom shall bear upon its face, printed or written
in legible characters, the fare chargeable for the journey for which
such ticket is issued, and any railway company issuing any passenger
ticket in contravention of the provisions of this section shall be
liable to a penalty not exceeding [#2] for every ticket so issued,
to be recovered on summary conviction.

REGULATION OF RAILWAYS ACT 1889 - SECT 7
Power to make byelaws as to stations.

7. The power conferred on a railway company by the Railways Clauses
Consolidation Act, 1845,... to make byelaws subject to disallowance
by the Board of Trade, shall include power to make byelaws for
maintaining order in, and regulating the use of, railway stations
and the approaches thereto.

REGULATION OF RAILWAYS ACT 1889 - SECT 8
Short title.

8.(1) This Act may be cited as the Regulation of Railways Act,
1889.

(2) This Act and the Regulation of Railways Acts, 1840 to 1871,
may be cited collectively as the Regulation of Railways Acts, 1840
to 1889.