The Lake Lothing (Lowestoft) Third Crossing Order 2020

Article 46

SCHEDULE 10 THE LOWESTOFT THIRD CROSSING BYELAWS 2020

PART 1 PRELIMINARY

Citation and commencement

1.  These byelaws may be cited as the Lowestoft Third Crossing Byelaws 2020 and were made under article 46 of the Lowestoft (Lake Lothing) Third Crossing Order 2020.

Interpretation

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

“appointed 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 Suffolk County Council; 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(1) or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002(2), acting in the execution of that person’s duties within the new bridge area;

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

“the byelaws” means these byelaws;

“cycleways” means the parts of the new bridge area allocated for the passage of bicycles and pedestrians only;

“existing bridge” means the opening bridge crossing Lake Lothing and known as the Lowestoft A47 Bascule Bridge;

“footways” means the parts of the new bridge area allocated for the passage of pedestrians only;

“Lake Lothing” means the navigable saltwater lake within the town of Lowestoft in the area of East Suffolk Council between the North Sea and Oulton Broad, as identified by reference points 652111E, 292801N, 655207E, 292615N;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“the new bridge” means Work Nos. 1B, 1C, 1D and 1E as set out in Schedule 1 to the Order (and including without limitation the piers, bridge deck, carriageway and parapets);

“the new bridge area” means the new bridge, the new bridge approaches, the new bridge control building area, and the new bridge infrastructure, as shown on the new bridge area plans;

“the new bridge approaches” means the northern and southern approaches to the new bridge (respectively “the new bridge northern approach” and “the new bridge southern approach”), the locations of which are shown on the new bridge area plan;

“the new bridge area plan” means the plan of that description as referenced in Schedule 14 (documents to be certified) and certified by the Secretary of State pursuant to Article 60 of the Order;

“new bridge control building” means the control tower building for the new bridge which forms part of Work No. 6 as set out in Schedule 1 to the Order;

“new bridge control building area” means the area outlined in green on sheet 2 of the new bridge area plans;

“the new bridge infrastructure” means the infrastructure elements supporting the new bridge including (without limitation) the cables, drainage, electricity and water supplies, and fenders relating to the new bridge, as well as any plant and machinery and any emergency, safety or communications equipment required for the construction, maintenance or operation of the new bridge;

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

“open” unless the context does not relate to the new bridge means any point in time when the surface of the new bridge is raised to allow for the passing of vessels under the new bridge;

“the Order” means the Lake Lothing (Lowestoft) Third Crossing Order 2020;

“pontoon” means the mooring which forms Work No.7 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;

“the undertaker” has the same meaning as in the Order;

“vaporiser” means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device; and

“vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 1968(3).

(2) The Interpretation Act 1978(4) applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

PART 2 CONDUCT AND BEHAVIOUR

Smoking etc.

3.  Within the new bridge area a person must not—

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

(b) use a vaporiser.

Unacceptable behaviour

4.  A person must not—

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

(b) enter the new bridge control building area without prior consent from an appointed person;

(c) 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 prior consent from an appointed person;

(d) drop or allow to fall anything on to the new bridge or the new bridge approaches or over the parapet of the new bridge or 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;

(e) post a bill, placard or notice within the new bridge area;

(f) write, print, draw or paint on or cut, mark or stamp any part of the new bridge area;

(g) fix anything to the new bridge or the new bridge infrastructure;

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

(i) 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;

(j) offer for sale or sell any article or thing of any description in the new bridge area without the consent of Suffolk County Council;

(k) move, alter, deface or otherwise interfere with any notice belonging to Suffolk County Council which is exhibited or placed in the new bridge area;

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

(m) use abusive behaviour or threatening language or gestures in the new bridge area.

PART 3 ACCESS AND TRAFFIC

Unauthorised access and loitering

5.—(1) A person must not enter, attempt to enter or remain in any part of the new bridge area where there is a notice prohibiting or restricting access.

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

(3) A driver of a motor vehicle must not sleep within the new bridge area.

(4) An appointed person may prevent the driver of a motor vehicle from gaining access to the new bridge area if the appointed 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.

(5) A person must not attempt to use or cross the new bridge—

(a) when instructed not to do so by an appointed 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.

Traffic regulation

6.—(1) A person (other than an appointed 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.

(2) A person (other than an appointed person) must not use or cause to be used within the new bridge area vehicles which emit 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 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 new bridge area apart from the footways and cycleways unless directed to do so by an appointed person.

(4) A person with a bicycle must not enter any part of the new bridge area apart from the cycleways unless directed to do so by an appointed person.

(5) A person must not drive a motor vehicle onto the footways or cycleways unless directed to do so by an appointed person.

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

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

(8) A person must not abandon a motor vehicle in the new bridge area except in an emergency and as directed by an appointed 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 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 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 is 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 appointed person.

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

(a) immediately notify an appointed person of the breakdown; and

(b) switch on the motor vehicle’s hazard lights.

(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 Lake Lothing must—

(a) not attempt to reclaim the load;

(b) immediately inform an appointed person of the loss of the load; and

(c) immediately inform an appointed person of the identity of, and contact details for, the owner of the load.

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

PART 4 GENERAL

Saving for appointed persons

7.  Nothing in these byelaws prevents an appointed 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 appointed person.

(1)

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

(2)

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

(3)

1968 c. 59.

(4)

1978 c. 30.