The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998

PART IV OPERATION OF TRANSIT SYSTEM

Application of provisions of 1996 Order

39.—(1) The following provisions of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996(1) shall apply to the authorised transit system as they apply to the transit system authorised by that Order—

• Article 20 (Power to construct temporary transit systems)

• Article 35 (Power to operate and use transit system)

• Article 36 (Maintenance of approved works, etc.)

• Article 37 (Removal of obstructions)

• Article 38 (Traffic signs)

• Article 40 (Power to lop trees overhanging transit system)

• Article 41 (Trespass on tramroads)

• Article 42 (Power to make byelaws)

• Article 43 (Power to contract for police services)

• Article 44 (Powers of disposal, agreements for operation, etc.)

• Article 45 (Application of landlord and tenant law)

• Article 46 (Jurisdiction of Rail Users' Consultative Committee)

• Article 47 (Tramcars deemed public service vehicles)

• Article 51 (For protection of Environment Agency).

(2) In the case of conflict between—

(a) any byelaws made under article 42 (power to make byelaws) of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 as applied by paragraph (1) above, applying within Piccadilly Station and the approaches to that station; and

(b) any byelaws made by Railtrack PLC (or having effect as so made by virtue of section 129(6) of the Railways Act 1993(2));

the byelaws of Railtrack PLC shall prevail except insofar as provision to a contrary effect is made, with the express consent of Railtrack PLC (such consent not to be unreasonably withheld), in the byelaws of the undertaker.

Traffic restrictions

40.—(1) Subject to the provisions of this article the undertaker may, for the purposes of the authorised transit system, at any time prior to the expiry of 12 months from the opening of the system for use and with the consent of the traffic authority in whose area the road is situated—

(a) prohibit or restrict the waiting or the loading or unloading of vehicles on those roads specified in columns (1) and (2) of Part I of Schedule 9 to this Order along the lengths and between the points specified in column (3) of that Schedule respectively,

(b) make provision as to the direction of vehicular traffic on the roads specified in columns (1) and (2) of Part II of Schedule 9 to this Order in the manner specified in column (3) of that Schedule,

(c) prohibit vehicular access on those roads specified in columns (1) and (2) of Part III of Schedule 9 to this Order at the points and in the manner specified in column (3) of that Schedule,

(d) revoke any traffic regulation order in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph.

(2) The undertaker shall not exercise the powers of this article unless it has—

(a) given not less than 12 weeks' notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic autghority may within 28 days of its receipt of notice of the undertakers' intention specify in writing.

(3) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) above shall have effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act.

(1)

S.I. 1996/2714.

(2)

1993 c. 43.