The Network Rail (Tinsley Chord) Order 2015

PART 4 OPERATION OF THE AUTHORISED TRAMROAD

Planning permission

25.  Planning permission which is deemed by a direction under 90(2A)(1) (development with government authorisation) of the 1990 Act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).

Power to lop trees overhanging the authorised works

26.—(1) The promoter may fell or lop any tree or shrub near any part of the authorised works, 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 authorised works or any apparatus used on the authorised works; or

(b) from constituting a danger to passengers or other persons using the authorised works.

(2) In exercising the powers conferred by paragraph (1), the promoter must not do any unnecessary damage to any tree or shrub and must 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), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

Power to operate and use the authorised tramroad

27.—(1) The promoter may operate and use the authorised tramroad and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

(2) Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993(2).

Power to charge fares

28.—(1) The promoter may demand, take and recover or waive such charges for carrying passengers or goods on the authorised tramroad, or for any other services or facilities provided in connection with the operation of the authorised tramroad, as it thinks fit.

(2) The promoter may enter into and carry into effect agreements with other persons providing public passenger transport services with regard to the issuing of tickets and the making of through ticketing arrangements or for the purpose of generally co-ordinating the provision of those services with the operation of the authorised tramroad.

(3) In this article “public passenger transport service” has the meaning given by section 63(10)(a) (functions of local councils with respect to passenger transport) of the Transport Act 1985(3).

Removal of obstructions

29.—(1) If any obstruction is caused to tramcars using the authorised tramroad by a vehicle waiting, loading, unloading or breaking down on any part of the tramroad, the person in charge of the vehicle must immediately remove it; and if that person fails to do so the promoter 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 that person shows that, at that time, the person was not concerned in or aware of the vehicle being so put or left.

(2) If any obstruction is caused to tramcars using the authorised tramroad by a load falling on the tramroad from a vehicle, the person in charge of the vehicle must immediately remove the load from the tramroad; and if that person fails to do so, the promoter 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 that person shows that, at that time, the person 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 is taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of the vehicle at any time, it is 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(4).

(4) A person who, wilfully and without lawful excuse—

(a) interferes with or removes the authorised tramroad or any part of the authorised tramroad or the works connected with it;

(b) places or throws materials or objects of any kind on any part of the authorised tramroad; or

(c) does anything which obstructs any tramcar using the authorised tramroad, whether or not such obstruction endangers the lives of any person in the tramcars,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Tramcars deemed public service vehicles

30.—(1) On such day as may be appointed under paragraph (2), regulations made, or having effect as if made, under section 24, 25 (regulation of conduct) or 60(1)(j) or (k) (general power to make regulations) of the Public Passenger Vehicles Act 1981(5) are to have effect as if the tramcar used on the authorised tramroad for the carriage of passengers were public service vehicles used in the provision of a local service within the meaning of the Transport Act 1985(6).

(2) The Executive may appoint a day for the purpose of any regulation mentioned in paragraph (1), the day so appointed being fixed in accordance with paragraph (3).

(3) The Executive must publish in a newspaper circulating in this area, notice of the general effect of the enactments for the purposes of which the day has been fixed, and the day so fixed must not be earlier than the expiration of 28 days from the date of the publication of the notice.

(4) A photocopy or other reproduction certified by a person duly authorised by the promoter to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing the notice mentioned in paragraph (3) is evidence of the publication of the notice and of the date of publication.

(1)

Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

(2)

1993 c. 43.

(3)

1985 c. 67.

(4)

1994 c. 22.

(5)

1981 c. 14.

(6)

1985 c. 67.