The Great Yarmouth Third River Crossing Development Consent Order 2020

Article 51(4)

SCHEDULE 11 E+W+S THE GREAT YARMOUTH THIRD RIVER CROSSING BYELAWS 2020

PART 1 E+W+S PRELIMINARY

Citation and commencement E+W+S

1.  These byelaws—

(a) may be cited as the Great Yarmouth Third River Crossing Byelaws 2020; and

(b) have effect as set out in article 51 (byelaws) of the Great Yarmouth Third Crossing Development Consent Order 2020.

Commencement Information

I1 Sch. 11 para. 1 in force at 15.10.2020, see art. 1

Interpretation E+W+S

2.—(1) In these byelaws unless the context otherwise requires—

“advertisement” has the same meaning as it has in the Town and Country Planning Act 1990 M1 ;

“authorised person” means—

(a)

a person acting in the course of that person's duties who—

(i)

is an employee, agent, contractor or sub-contractor of the undertaker; or

(ii)

is authorised by the undertaker to exercise one or more of its functions under the Order; or

(b)

a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, a person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 2004 M2 or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002 M3 , acting in the execution of that person's duties;

“barriers” means barriers installed within the new bridge area to prevent the passage of persons or vehicles;

“the byelaws” means these byelaws;

“carriageways” means the parts of the new bridge area that are carriageways as defined by section 329(1) (further provision as to interpretation) of the Highways Act 1980 M4 ;

“cycle tracks” means the parts of the new bridge area that are cycle tracks as defined by section 329(1) M5 of the Highways Act 1980;

“footways” means the parts of the new bridge area that are footways as defined by section 329(1) of the Highways Act 1980;

“maintenance” includes inspect, repair, adjust, alter, remove, replace or reconstruct;

“motor vehicle” has the same meaning as it has in the Road Traffic Act 1988 M6 ;

“the new bridge” means Work No. 8B together with the vessel impact protection systems and supporting works comprised in Work Nos. 6A and 6B as set out in Schedule 1 (authorised development) to the Order;

“the new bridge area” means the new bridge, the new bridge approaches, the new bridge control tower, the new bridge plant room, the new bridge infrastructure and the public realm areas;

“the new bridge approaches” means the western and eastern approaches to the new bridge, the centre lines of which, together with the centre line of the new bridge, are shown on the new bridge area plan;

“the new bridge area plan” means the plan of that description set out in Schedule 15 (documents to be certified) to the Order certified by the Secretary of State as the new bridge area plan for the purposes of the Order;

“the new bridge control tower” means Work No. 7A as set out in Schedule 1 to the Order;

“the new bridge infrastructure” means all infrastructure which is required for or facilitates the construction, maintenance, inspection or operation of the new bridge including (without limitation) cables, pipes and other apparatus relating to the provision of drainage, electricity, water, and other services, fenders and other protective or ancillary works relating to the new bridge, tools and any emergency, safety or communications apparatus;

“the new bridge plant room” means Work No. 7B. as set out in Schedule 1 to the Order;

“notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

“the Order” means the Great Yarmouth Third River Crossing Development Consent Order 2020;

“the public realm areas” means the areas of the public realm facilities comprised in Work No. 6A as set out in Schedule 1 to the Order;

“trailer” means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“undertaker” means Norfolk County Council or such other person who has the benefit of the Order in accordance with article 7 (benefit of the Order) of the Order;

“vaporiser” means an electronic device that can be used to deliver nicotine (whether alone or in combination with other substances) to a person inhaling from the device; and

“vessel waiting facilities” means the vessel waiting facilities comprised in Work No. 6A as set out in Schedule 1 to the Order.

(2) The Interpretation Act 1978 M7 applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

Commencement Information

I2 Sch. 11 para. 2 in force at 15.10.2020, see art. 1

Marginal Citations

M1 1990 c. 8.

M2 2004 c. 21. Section 44 was amended by section 6 of the Emergency Workers (Obstruction) Act 2006 (c. 39).

M3 2002 c. 30. Section 41 was amended by paragraph 42 of the Police and Justice Act 2006 (c. 48).

M4 1980 c. 66.

M5 The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and by paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

M6 1988 c. 52.

M7 1978 c. 30.

PART 2 E+W+S CONDUCT AND BEHAVIOUR

Smoking, etc. E+W+S

3.  Whilst on the new bridge a person must not—

(a) smoke or carry an item that is alight including a lit cigar, cigarette, cigarillo, pipe, match or lighter; or

(b) use a vaporiser.

Commencement Information

I3 Sch. 11 para. 3 in force at 15.10.2020, see art. 1

Unacceptable behaviour E+W+S

4.  A person must not—

(a) climb upon, remove, operate, interfere with, obstruct or damage (whether deliberately or negligently) any new bridge infrastructure;

(b) interfere with, obstruct or damage (whether deliberately or negligently) the vessel waiting facilities;

(c) enter the new bridge control tower or the new bridge plant room without the prior consent of an authorised person;

(d) remove, jump or otherwise manoeuvre over or under, any bar, railing, fence or barrier or open any gate or movable barrier fitted or placed on any part of the new bridge without the prior consent of an authorised person;

(e) drop, throw or allow anything to fall—

(i) onto the new bridge;

(ii) over the parapet of the new bridge; or

(iii) over any fence or wall on or abutting on the new bridge,

so as to endanger or cause injury or damage to any person or property;

(f) access the river Yare, or attempt to do so, by climbing onto the river walls adjoining the new bridge;

(g) display or post a bill, placard, advertisement or notice within the new bridge area;

(h) write, print, draw or paint on or cut, mark or stamp any part of the new bridge area unless such activity is authorised by—

(i) a notice displayed by or on behalf of the undertaker; or

(ii) the prior consent of an authorised person;

(i) fix anything to the new bridge, the new bridge infrastructure or the vessel waiting facilities without the prior consent of an authorised person;

(j) spit, urinate or defecate in the new bridge area;

(k) place or deposit or leave on or in the new bridge area any vehicle or any article or thing so as to create an obstruction or litter or fire risk;

(l) offer for sale or sell any article, thing or service of any description in the new bridge area without the consent of the undertaker;

(m) move, alter, deface or otherwise interfere with any notice belonging to the undertaker which is displayed or placed in the new bridge area;

(n) without prejudice to any other requirement of the byelaws, act in any way as to cause a nuisance in the new bridge area;

(o) use abusive behaviour or threatening language or gestures in the new bridge area; or

(p) obstruct any action taken by an authorised person under powers conferred by the Order to—

(i) remove a vehicle from the new bridge area; or

(ii) remove or otherwise respond to a load or other object which has fallen from a vehicle.

Commencement Information

I4 Sch. 11 para. 4 in force at 15.10.2020, see art. 1

PART 3 E+W+S ACCESS AND TRAFFIC

Unauthorised access and loitering E+W+S

5.—(1) A person must not enter, attempt to enter or remain in any part of the new bridge area where that would contravene a direction of an authorised person or a notice displayed by the undertaker which prohibits or restricts access.

(2) A person must not loiter in the new bridge area if asked to leave by an authorised person.

(3) An authorised person may prevent the driver of a motor vehicle from gaining access to the new bridge area if the authorised person has reasonable cause to believe the driver of the motor vehicle is contravening, or will contravene if allowed to proceed, any of the byelaws.

(4) A person must not attempt to use the footways, carriageways and cycle tracks comprised in the new bridge—

(a) when instructed not to do so by an authorised person;

(b) in contravention of a notice displayed by the undertaker; or

(c) whenever the new bridge is in the process of opening or closing.

Commencement Information

I5 Sch. 11 para. 5 in force at 15.10.2020, see art. 1

Traffic regulation E+W+S

6.—(1) A person (other than an authorised person or a person acting with the consent of an authorised person) must not use or cause to be used within the new bridge area a barrow, cart, rickshaw or animal-drawn means of conveyance except if it is conveyed as the load or part of the load of a motor vehicle which is lawfully proceeding within the new bridge area.

(2) A person (other than an authorised person) must not use or cause to be used within the new bridge area any vehicle which emits grit, sparks, ashes, cinders, or oily substances in a manner which contravenes any regulations for the time being in force under the Road Traffic Act 1988 M8 or any amendment thereof relating to the construction and use of motor vehicles.

(3) A person on foot must not enter any part of the carriageway comprised in the new bridge or new bridge approaches, unless directed or authorised to do so by an authorised person.

(4) A person must not ride a bicycle in any part of the new bridge area where a notice displayed by the undertaker states that cycling is prohibited, unless directed or authorised to do so by an authorised person.

(5) A person must not drive a motor vehicle within the new bridge area other than on the carriageways unless directed or authorised to do so by an authorised person.

(6) A person must not take onto the new bridge any animal other than a dog on a lead unless the animal is enclosed in a motor vehicle or trailer.

(7) A person must not release an animal from a motor vehicle or trailer within the new bridge area.

(8) A person must not abandon a motor vehicle in the new bridge area except in an emergency or if directed by an authorised person.

(9) A person must not operate a motor vehicle music or sound system at such volume as to cause nuisance to people within the new bridge area.

(10) A person must not take or cause to be taken onto the new bridge or new bridge approaches a motor vehicle which by reason of its condition is likely to break down or is in such condition as is likely to injure persons or damage property.

(11) A person must not use or cause to be used a motor vehicle on the new bridge or new bridge approaches unless the load carried by the motor vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance will be caused or is likely to be caused to a person or property by reason of the load or any part of the load falling or being thrown from the motor vehicle.

(12) No driver of, or passenger in, a motor vehicle which has broken down may carry out repairs to or refuel a motor vehicle in the new bridge area without the consent of an authorised person.

(13) A driver of a motor vehicle which has broken down in the new bridge area must—

(a) as soon as practicable immediately notify an authorised person of the breakdown;

(b) switch on the motor vehicle's hazard lights; and

(c) not attempt to move the motor vehicle (unless permitted or directed to do so by an authorised person).

(14) A driver of a motor vehicle which has shed its load in full or in part on the new bridge such that it has caused, or may cause, an obstruction or other hazard to users of the new bridge or to users of the river Yare must—

(a) as soon as practicable inform an authorised person of the loss of the load;

(b) immediately inform an authorised person of the identity of, and contact details for, the owner of the load; and

(c) not attempt to reclaim the load (unless permitted or directed to do so by an authorised person).

(15) Any user of the new bridge must comply with any direction given at any time by an authorised person or by a notice, sign or signal within the new bridge area.

Commencement Information

I6 Sch. 11 para. 6 in force at 15.10.2020, see art. 1

Marginal Citations

M8 1988 c. 52.

PART 4 E+W+S GENERAL

Saving for authorised persons E+W+S

7.—(1) Nothing in these byelaws prevents an authorised person from undertaking an activity which would otherwise be prohibited by these byelaws provided such activity is undertaken in the execution of that person's duties as an authorised person.

(2) Without restriction to the generality of the saving set out at paragraph (1), the activities included in that saving include any activity within the public realm areas for the purposes of—

(a) gaining access to the new bridge control tower, the new bridge or the new bridge approaches for any purpose; or

(b) the operation or maintenance of any element of the new bridge area.

Commencement Information

I7 Sch. 11 para. 7 in force at 15.10.2020, see art. 1