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Part VIMiscellaneous and general

Prevention of obstruction

57Removal of obstructions

(1)If any obstruction to traffic on the tramway system is caused by—

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

(b)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 tramway 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 tramway 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.