Article 38 Removal of obstructionsI1

England, Wales and Scotland

(1)

If any obstruction is caused to rapid transit vehicles or harbour railway vehicles by a vehicle waiting, loading, unloading or breaking down on any part of the transport systems, 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 rapid transit vehicles or harbour railway vehicles using the transport systems; 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 rapid transit vehicles or harbour railway vehicles by a load falling on the transport systems from a vehicle, the person in charge of the vehicle must remove the load immediately from the transport systems; 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 will be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicles Excise and Registration Act 1994^f1.

(4)

A person who, wilfully and without lawful excuse—

(a)

interferes with or removes the transport systems or any part of the them or the works connected with them;

(b)

places or throws materials or objects of any kind on any part of the transport systems; or

(c)

does anything which obstructs any rapid transit vehicle or harbour railway vehicle using the transport systems, whether or not such obstruction endangers the lives of any person in that vehicle,

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

Article 38 Removal of obstructionsI1

Annotations

Commencement

Footnotes