Article 40 Power to operate and use tramway systemI1

England and Wales

(1)

The Authority may operate and use the authorised tramway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

(2)

Subject to paragraph (4) and section 54 of the 1989 Act (as applied by article 4 (application of the Midland Metro Acts)), the Authority, for the purpose of operating the authorised tramway, has the exclusive right—

(a)

to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tramway; and

(b)

to occupy that part of the street in which that apparatus is situated.

(3)

Any person who, without the consent of the Authority 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 3 on the standard scale.

(4)

Nothing in this article restricts the exercise of any public right of way over any part of a street in which the apparatus mentioned in paragraph (2) is situated, except to the extent that the exercise of the right is constrained by the presence of the apparatus.

Annotations

Commencement

I1: Art. 40 in force at 2.8.2016, see art. 1