Page:South Yorkshire Light Rail Transit Act 1989(ukla19890019en).pdf/18

16 (3) If proceedings are brought against any such person for any such offence he shall cease to be liable to pay the penalty fare and, if he has paid it, the Executive shall be liable to repay to him an amount equal to the amount of that fare.

Orders under this Part.

24. Any power to make an order conferred on the Secretary of State by this Part of this Act shall be exercisable by statutory instrument.

Application of general

The following provisions of the Act of 1988 conferring general powers on the Executive with respect to the operation and regulation of the LRT system and relating to rating shall have effect as if, for any reference therein to the LRT system as defined by that Act, there were substituted reference to the LRT system as defined by this Act:—


 * Section 40 (Power to lop trees overhanging railway);
 * Section 41 (Byelaws relating to LRT system);
 * Section 42 (Carriages on LRT system deemed public service vehicles);
 * Section 44 (Rating of LRT system).

Removal of obstructions.

26. If any obstruction to traffic on the LRT system is caused by—

(a) a vehicle on any tramway or at any level crossing waiting, loading, unloading or breaking down; or

(a} load falling on any tramway or at any level crossing from a vehicle;

the person in charge of the vehicle shall forthwith remove the vehicle or the load so as to prevent the continuance of the obstruction and, if he fails to do so. the Executive may remove the vehicle or load, taking all necessary steps for that purpose, and may recover from the person responsible the expenses reasonably incurred in doing so.

(2) In subsection (1) above "person responsible" means—

(a)in the case of a vehicle waiting, loading, unloading or breaking down—

(i) the owner of the vehicle at the time at which it became an obstruction to traffic on the LRT system, unless he shows that he was not concerned in, or aware of, the placing of the vehicle at that time; and (ii) the person by whom the vehicle was placed so that it became an obstruction to traffic on the LRT system; and

(b) in the case of a load falling from a vehicle—

(i) the owner of the vehicle at the time of that event, unless he shows that he was not concerned in, or aware of, the placing of the vehicle or its load at that time; and

(ii) the person in charge of the vehicle at the time when the load fell from it.

Byelaws.

27.—(1) Section 41 (Byelaws relating to LRT system) of the Act of 1988 shall have effect as if, in subsection (1), the reference to "railway premises" included premises, whether or not owned or leased by the Executive, at stations for interchange between the LRT system and any other system of road or rail transport.