Article 5 Provisions relating to the opening of the bridge

The undertaker shall open the bridge in accordance with the following provisions of this article for the purpose of facilitating navigation on the River Tyne.

The bridge shall be opened by the undertaker on such occasions and for such period on each such occasion as may be specified in a programme which the undertaker shall agree from time to time in advance with the Authority, the University of Newcastle upon Tyne, the Royal Navy, the Royal Yachting Association and the Territorial, Auxiliary and Volunteer Reserve Association for the North of England (for so long as each of those persons or bodies, their members or any persons whom they represent have an interest in navigating on the River Tyne beneath the bridge).

When agreeing the programme of openings required by paragraph (2) above the parties shall allow for the reasonable requirements of vessels navigating, or seeking to navigate, on the River Tyne and no party shall withhold agreement unreasonably.

Subject to paragraph (5) below, the undertaker shall also open the bridge on the date and at the time specified in a notice (whether written or not) given by the operator of any vessel which is to pass beneath the bridge, if that notice is given at least 24 hours before the day and time specified in that notice and in accordance with the requirements for giving such a notice specified in the arrangements published pursuant to paragraph (7) below.

Where a notice has been served pursuant to paragraph (4) above, the undertaker may delay the time at which the bridge is to be opened for up to half an hour after the time specified in that notice, if the undertaker is of the reasonable opinion that opening the bridge at the time specified in the notice would interfere unreasonably with the passage of pedestrians and cyclists over the bridge and if the undertaker has on forming that opinion forthwith notified the operator of the vessel in question of the time at which the bridge will be opened.

The requirement in paragraph (4) above to give at least 24 hours' notice shall not apply where, in the case of an emergency, it is necessary for a vessel to navigate beneath the bridge; but in such a case the master of the vessel shall give such notice (if any) as is practicable and paragraph (5) above shall not apply.

The undertaker shall publish in notices displayed in a prominent position at each end of the bridge, and in such other positions as the undertaker deems advisable in order to attract the attention of those operating vessels and of pedestrians and cyclists using the bridge, the arrangements made from time to time in relation to the opening of the bridge, including–

No arrangements shall be published under paragraph (7) above without the consent of the Authority (which consent shall not be unreasonably withheld).

Without prejudice to paragraph (3) above, the arrangements published under paragraph (7) above shall be subject to any bye-laws or general directions made or given by the Authority and to any special directions given by the harbour master.

In this article–

• “general direction” means a direction given under section 6 of the Port of Tyne Act 1989^f1; and

• “special direction” means a direction given under section 8 of that Act.