Greater Nottingham Light Rapid Transit Act 1994

Prevention of obstacles

60 Removal of obstructions

(1) 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

(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 undertakers 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 vehicle being put or left in that place at that time; and

(ii) the person by whom the vehicle was put or left in the place in which 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 vehicle being put or left, or as the case may be, being in the place at which the load fell from it; and

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

61 Power to lop trees overhanging railway

(1) The undertakers may cut and lop any trees in or near any railway forming part of the LRT system which may in any way interfere with the construction or working of the railway or cables, wires or other apparatus, or with the clear and safe passage of tramcars and their passengers.

(2) In exercising the powers of this section the undertakers shall do no unnecessary damage to trees and shall pay compensation to any person who may sustain damage by reason of the exercise of the powers.

(3) Every case of compensation under subsection (2) above shall be ascertained in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.