Article 37 Power to operate and use tram system
The promoter may operate and use the authorised tram system and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
Subject to paragraph (4) and article 46 (powers of disposal, agreements for operation, etc.), the promoter, for the purpose of operating the tram system, has the exclusive right—
to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tram system; and
to occupy any part of the street in which that apparatus is situated.
Any person who, without the consent of the promoter or other reasonable excuse, uses the apparatus mentioned in paragraph (2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Nothing in this article restricts the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (2) except to the extent that the exercise of the right is constrained by the presence of the apparatus.