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Power to charge fares
18.
The undertaker may demand, take and recover or waive such charges for carrying passengers or goods on the authorised tramway, or for any other services or facilities provided in connection with the operation of the authorised tramway, as it thinks fit.
Removal of obstructions
19.
- (1) If any obstruction is caused to tramcars using the authorised tramway by a vehicle waiting, loading, unloading or breaking down on any part of the tramway, the person in charge of the vehicle shall forthwith remove it; and if he fails to do so the undertaker may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from-
(a) any person by whom the vehicle was put or left so as to become an obstruction to tramcars; or
(b) any person who was the owner of the vehicle at that time unless he shows that he was not, at that time, concerned in or aware of the vehicle being so put or left.
(2) If any obstruction is caused to tramcars using the authorised tramways by a load falling on the tramway from a vehicle, the person in charge of the vehicle shall forthwith remove the load from the tramway; and if he fails to do so, the undertaker may take all reasonable steps to remove the load and may recover the expenses reasonably incurred in doing so from-
(a) any person who was in charge of the vehicle at the time when the load fell from it; or
(b) any person who was the owner of the vehicle at that time, unless he shows that he was not concerned in or aware of the vehicle being in the place at which the load fell from it.
(3) For the purposes of this article the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of a vehicle at any time, it shall be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994[13]
Traffic control
20.
- (1) The undertaker may, for the purposes of, or in connection with the operation of, the authorised street tramways, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) of the Act of 1984 or of a character authorised by the Secretary of State on or near any street along which the authorised street tramways are laid.
(2) The undertaker shall consult the traffic authority as to the placing of signs.
(3) Any power conferred by section 65 of the Act of 1984 to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to the undertaker as to traffic signs under this article; and accordingly, the powers conferred by paragraph (1) above shall be exercisable subject to and in conformity with any directions given under that section.
(4) A traffic authority or other authority having power under or by virtue of the Act of 1984 to place and maintain, or cause to be placed and maintained, traffic signs on or near any street along which the authorised street tramways are laid shall consult with the undertaker as to the placing of any traffic sign which would affect the operation of the authorised street tramways.
(5) Tramcars shall be taken to be public service vehicles for the purposes of section 122(2)(c) of the Act of 1984.
(6) Expressions used in this article and in the Act of 1984 shall have the same meaning in this article as in that Act.
Power to lop trees overhanging tramway
21.
- (1) The undertaker may fell or lop any tree or shrub near any part of the authorised tramway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub-
(a) from obstructing or interfering with the construction, maintenance or operation of the tramway or any apparatus used for the purposes of the tramway; or
(b) from constituting a danger to passengers or other persons using the tramway.
(2) In exercising the powers of paragraph (1) above, the undertaker shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.
(3) Any dispute as to a person's entitlement to compensation under paragraph (2) above, or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.
Trespass on tramroads
22.
- (1) Any person who-
(a) trespasses on any tramroad to which this article relates; or
(b) trespasses upon any land of the undertaker in dangerous proximity to the tramroads to which this article relates or to any electrical or other apparatus used for or in connection with the operation of the tramroads to which this article relates;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) No person shall be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass upon the tramroads was clearly exhibited and maintained at the station or other stopping place on the authorised tramway nearest the place where the offence is alleged to have been committed.
(3) This article relates to the authorised tramroads and to the tramroads authorised by the Wirral Tramway Light Railway Order 1994[14].
Power to make byelaws
23.
- (1) The undertaker may make byelaws regulating the use and operation of, and travel on, the authorised tramway, the maintenance of order on the complete tramway and on tramway premises or other facilities provided in connection with the complete tramway and the conduct of all persons including employees of the undertaker while on tramway premises.
(2) Without prejudice to the generality of paragraph (1) above, byelaws under this article may make provision-
(a) with respect to tickets issued for travel on the complete tramway, the payment of fares and charges and the evasion of payment of fares and charges;
(b) with respect to interference with, or obstruction of, the operation of the complete tramway or other facilities provided in connection with the complete tramway;
(c) with respect to the prevention of nuisances on tramway premises;
(d) for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within tramway premises;
(e) for the safe custody and re-delivery or disposal of any property accidentally left on tramway premises and for fixing the charges made in respect of any such property; and
(f) for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the complete tramway or on tramway premises.
(3) In this article, "the complete tramway" means the authorised tramway and the tramway authorised by the Wirral Tramway Light Railway Order 1994, and references to "tramway premises" are references to premises of the undertaker used for or in connection with the operation of the complete tramway but do not include references to the inside of a tramcar or premises within the boundary of a street.
(4) Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of paragraph (4) above, if the contravention of, or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public, or hindrance to the undertaker in the operation of the tramway, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.
(6) Byelaws under this article shall not come into operation until they have been confirmed by the Secretary of State.
(7) At least 28 days before applying for any byelaws to be confirmed under this article, the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.
(8) For at least 24 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.
(9) The undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker may determine.
(10) The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.
(11) The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
(12) A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment, and the undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.
(13) The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating-
(a) that the byelaws were made by the undertaker;
(b) that the copy is a true copy of the byelaws;
(c) that on a specified date the byelaws were confirmed by the Secretary of State; and
(d) the date when the byelaws came into operation;
shall be prima facie evidence of the facts stated in the certificate.
Power to contract for police services
24.
- (1) Agreements may be made-
(a) between the undertaker and the chief officer of police of any police force and the police authority; or
(b) between the undertaker and the British Railways Board,
for making available to the undertaker for the purposes of the operation of its tramway undertaking the services of members of the police force or, as the case may be, members of the British Transport Police Force.
(2) Any such agreement may be made on such terms as to payment or otherwise, and subject to such conditions, as may be specified in the agreement.
(3) Where such an agreement has been made between the undertaker and the British Railways Board, members of the British Transport Police Force may act, in accordance with the terms of the agreement, as constables in, on or in the vicinity of any tramway premises or other facilities used in connection with the authorised tramway notwithstanding the provisions of section 53(1) of the British Transport Commission Act 1949[15] (which restricts them to acting in, on or in the vicinity of premises belonging to or leased to or worked by the British Railways Board etc.).
(4) In this article-
(a) "chief officer of police", "police authority" and "police force" have the same meaning as in the Police Act 1964[16];
(b) the British Transport Police Force means the force organised under the scheme set out in the Schedule to the British Transport Police Scheme 1963 (Approval) Order 1964[17] made under section 69 of the Transport Act 1962[18]; and
(c) the reference to "tramway premises" is a reference to premises of the undertaker used for or in connection with the operation of the authorised tramway and includes a reference to the inside of a tramcar.
PART V
PROTECTIVE PROVISIONS
For the protection of British Telecommunications plc
25.
For the protection of BT the following provisions shall, unless otherwise agreed in writing between the undertaker and BT, apply and have effect:-
(1) In this article-
"BT" means British Telecommunications plc;
"operator" and "telecommunication apparatus" have the same meanings as in Schedule 4 to the Telecommunications Act 1984[19].
(2) The temporary stopping up or diversion of any street under article 8 above shall not affect any right of BT under paragraph 9 of the Telecommunications Code, contained in Schedule 2 to the Telecommunications Act 1984, in respect of any telecommunication apparatus which at the time of the temporary stopping up or diversion is in that street.
(3) If BT suffers damage in consequence of the construction, use or failure of the works or any subsidence resulting from the works, the undertaker shall pay the cost reasonably incurred by BT in making good such damage, and shall indemnify the telecommunications operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by BT by reason or in consequence of any such damage, but-
(a) nothing in this paragraph shall impose any liability on the undertaker with respect to any damage to the extent that such damage is attributable to any act or omission of BT, its officers, servants, contractors or other agents; and
(b) BT shall give to the undertaker reasonable notice of any claim or demand as aforesaid and shall make no settlement or compromise thereof without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.
(4) The undertaker shall not use electrical power in such a manner as to cause or be likely to cause any interference with telecommunication apparatus or with telecommunication by means of such apparatus, and the undertaker shall indemnify BT against claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by BT by reason or in consequence of such interference, but-
(a) nothing in this paragraph shall impose any liability on the undertaker with respect to any interference to the extent that such interference is attributable to any act or omission of BT, its officers, servants, contractors or other agents; and
(b) BT shall give to the undertaker reasonable notice of any claim or demand as aforesaid and shall make no settlement or compromise thereof without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.
(5) Nothing in this Order shall affect any right of BT under Schedule 2 to the Telecommunications Act 1984.
For the protection of public electricity suppliers
26.
- (1) In this article "apparatus" means any electric line or electrical plant as respectively defined by section 64 of the Electricity Act 1989[20].
(2) Nothing in this Order shall prejudice or affect the rights of any public electricity supplier, within the meaning of Part I of the Electricity Act 1989, in any apparatus belonging to them, or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate in, over or under lands in or upon or near to which the authorised tramway or any part thereof may be constructed.
(3) Before commencing any works authorised by this Order under or over or which will or may affect any apparatus belong to a public electricity supplier or for the maintenance of which a public electricity supplier is responsible the undertaker shall give to the public electricity supplier not less than 28 days notice in writing accompanied by a plan and section of the proposed work and such work shall be executed only in accordance with the plan and section submitted, and in accordance with such reasonable requirements (including those already agreed between the Council and the public electricity supplier) as may be made by the public electricity supplier for the protection of the apparatus, or for securing access thereto.
(4) If by reason or in consequence of the execution or user of any of the works authorised by this Order any damage to any apparatus or any interruption in supply of electricity by a public electricity supplier shall be caused, the undertaker shall bear and pay the cost reasonably incurred by the public electricity supplier in making good such damages or in restoring the supply of electricity and shall make reasonable compensation to the public electricity supplier for any loss sustained by it and indemnify the public electricity supplier from and against all claims in respect of any such damage or interruption.
For the protection of public gas transporters
27.
- (1) Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas transporter in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible or any structure for the lodging therein of any pipe, main or apparatus being any pipe, main or apparatus or structure situate under, over or upon lands in or upon or near to which the authorised tramway or any part thereof is or may be constructed.
(2) Before commencing any works authorised by this Order under or over or which will or may affect any pipe, main or apparatus or structure belonging to a public gas transporter or for the maintenance of which a public gas transporter is responsible the undertaker shall give to the public gas transporter not less than 28 days' notice in writing accompanied by a plan and section of the proposed work and such work shall be executed only in accordance with the plan and section submitted and in accordance with such reasonable requirements as may be made by the public gas transporter for the protection of the pipe, main or apparatus or structure or for securing access thereto.
(3) The undertaker shall provide reasonable facilities at any time for the public gas transporter to monitor, inspect and supervise the execution of the authorised works and shall permit the public gas transporter to gain access to any of its pipes, mains or apparatus or structures at all times.
(4) Where a street is to be temporarily stopped up, altered or diverted pursuant to article 8 above-
(a) the undertaker shall give notice in writing to the public gas transporters such notice being not less than 28 days;
(b) the temporary stopping up, alteration or diversion of any street pursuant to article 8 above shall not affect any right of access enjoyed by a public gas transporter to use, inspect, maintain, adjust, repair or alter any pipe, main or apparatus or structure which at the time of the temporary stopping up, alteration or diversion is in the street.
(5) Where in connection with the authorised works, works are reasonably required for the relocation by a public gas transporter of such of its pipes, mains or apparatus or structures (whether or not such works are necessary because of the temporary stopping up of any street pursuant to article 8 above)-
(a) the undertaker shall pay to the public gas transporter an amount equal to the cost reasonably incurred by the public gas transporter in or in connection with-
(a) the execution of the said relocation works;
(b) the doing of any other work or thing rendered necessary by the relocation works;
(b) in the event that the public gas transporter in removing or diverting any pipe, main or apparatus or structure reasonably requires to carry out works on land held or owned or intended for use by the undertaker for the purpose of the authorised works, the provisions of the New Roads and Street Works Act 1991 with respect to the public gas transporter's rights and duties with respect to its apparatus in a street shall apply notwithstanding that the said land is not part of a street.
(6) If by reason or in consequence of the execution or use of any of the works authorised by this Order any damage is caused to any pipe, main or apparatus or structure of a public gas transporter or to any property of a public gas transporter or there is interruption in the conveyance of gas to any property by the public gas transporter the undertaker shall bear and pay the costs reasonably incurred by the public gas transporter in making good such damage or in restoring such conveyance of gas and the undertaker shall make reasonable compensation to the public gas transporter for any loss sustained by it and indemnify the public gas transporter from and against all claims, demands, costs, proceedings, damages and expenses which may be made or recovered from or incurred by the public gas transporter by reason of or in consequence of any such damage or interruption or the exercise by the undertaker of the powers of this Order.
(7) In this article, "public gas transporter" has the meaning given by section 7 of the Gas Act 1986[21].
PART VI
MISCELLANEOUS AND GENERAL
Power to lease or charge tramway system
28.
- (1) The undertaker may, with the consent of the Secretary of State-
(a) grant to another person ("the lessee") for a period agreed between the undertaker and the lessee the right to operate the authorised tramway (or any part of it) and such related statutory rights as may be so agreed; or
(b) grant to another person ("the chargee") a charge on the right to operate the authorised tramway (or any part of it) and such related statutory rights as may be agreed between the undertaker and the chargee.
(2) The terms of any agreement made by virtue of paragraph (1) above shall be subject to the approval of the Secretary of State.
(3) Where an agreement is made by virtue of paragraph (1) above references in this Order to the undertaker shall, if and to the extent that the agreement so provides, have effect as references to the lessee or, as the case may be, chargee.
Certification of plans etc.
29.
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the deposited plan to the Secretary of State for certification that they are, respectively, true copies of the sections and plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of its contents.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
A.S.D. Whybrow
Head of Charging and Local Transport Division, Department of the Environment, Transport and the Regions.
9th April 1999
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SCHEDULES
SCHEDULE 1Article 4(1)
SCHEDULED WORKS
In the Metropolitan Borough of Wirral-
Work No. 1 - A combined street tramway and tramroad forming a single line of rails 196 metres in length commencing by a junction with the western terminus of the Wirral Tramway in Shore Road, authorised by the Wirral Tramway Light Railway Order 1994[22], at a point 87 metres north-east of the junction of Shore Road with Canning Street, passing across Canning Street in a south-westerly direction and terminating at a point 96 metres south-south-west of the south-western kerbline of Canning Street.
Work No. 1A - A combined street tramway and tramroad forming a single line of rails 75 metres in length commencing by a junction with Work No. 1 at a point 64 metres south-west of the south-western kerbline of Canning Street passing in a south-easterly direction towards, and passing across, Taylor Street and terminating at a point on the east side of Taylor Street 36 metres south-west of the junction of Taylor Street with Bridge Street.
SCHEDULE 2Article 11
LEVEL CROSSINGS
Highways to be crossed on the level-
Canning Street
Taylor Street
SCHEDULE 3Article 14
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
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(1)
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(2)
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(3)
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(4)
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Area
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Number of land shown on deposited plan
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Purpose for which temporary possession may be taken
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Authorised work
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Loading/service hardstanding area to the west of Taylor Street |
7 |
Construction of tramway and tramroad |
Work No. 1A |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order authorises Wirral Metropolitan Borough Council to construct works for the purpose of extending the Wirral Tramway from the present terminus at Egerton Bridge to Taylor Street in the Borough of Wirral and temporarily to use land for the construction or maintenance of those works.
Copies of the deposited plan, the sections and the book of reference are available for inspection free of charge during working hours at the office of the Borough Solicitor and Secretary, Wirral Metropolitan Borough Council, Town Hall, Brighton Street, Wallasey, Wirral, Merseyside L44 8ED.
Notes:
[13]
1994 c. 22.back
[14]
S.I. 1994/1761.back
[15]
1949 c. xxix.back
[16]
1964 c. 48.back
[17]
S.I. 1964/1456.back
[18]
1962 c. 46.back
[19]
1984 c. 12.back
[20]
1989 c. 29.back
[21]
1986 c. 44: A new section 7 was substituted by section 5 of the Gas Act 1995 c. 45.back
[22]
S.I. 1994/1761.back
ISBN
0 11 082606 X
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