81.—(1) Any person who, without the consent of the Department, carries out on or near any road works for the provision of a milk tanker facility shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Where—
(a)a person has carried out any works in contravention of paragraph (1); and
(b)the Department considers that the works constitute a danger to persons using the road,
then (whether or not proceedings are instituted for an offence under that paragraph), the Department may—
(i)carry out such works as are necessary to obviate the danger; and
(ii)recover from that person any expenses thereby reasonably incurred by it.
(3) Where—
(a)a person is convicted of an offence under paragraph (1); and
(b)he does not, within such period as the court may allow, remove any works carried out in contravention of that paragraph and make good any damage to the road,
then the Department may itself—
(i)remove those works and make good any damage to the road; and
(ii)recover from that person any expenses thereby reasonably incurred by it.
(4) A consent under paragraph (1) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.
(5) A consent under paragraph (1) shall be given subject to such conditions as seem to the Department to be adequate for securing—
(a)the proper completion of the works and reinstatement of the road; and
(b)the safety and convenience of traffic.
(6) Without prejudice to the generality of paragraph (5), a consent under paragraph (1) may be given subject to conditions—
(a)requiring the deposit by the person to whom the consent is given of a sum of money as security for the completion of the works to which the consent relates;
(b)requiring the person to whom the consent is given to insure against such risks in connection with the works to which the consent relates as the Department may specify.
(7) The person to whom a consent is issued under this Article in respect of any works shall indemnify the Department against any claim in respect of injury, damage or loss rising out of the carrying out of the works, other than a claim in respect of injury, damage or loss which is attributable to the negligence of the Department.
(8) Any person who—
(a)carries out any works in pursuance of a consent given under paragraph (1); and
(b)fails to comply with any condition subject to which that consent was given,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) Where it appears to the Department that a person has contravened paragraph (8), then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—
(a)revoke the consent given to that person under paragraph (1);
(b)remove any works executed on the road and make good any damage done to the road; and
(c)recover from that person any expenses thereby reasonably incurred by it.
(10) In this Article—
“milk tank” means any moveable tank or other container used for the purpose of storing milk in bulk;
“milk tanker” means any motor vehicle constructed or designed for the purpose of carrying milk in bulk;
“milk tanker facility” means any space, platform or other structure whose purpose is to facilitate the collection by a milk tanker while on or partially on a road of milk from a milk tank placed on or near the road.
[F1(11) This Article does not apply to the street works within the meaning of the Street Works Order.]