(1)Subject to subsection (3) below and to section 71 (Powers of disposal, agreements for operation, etc.) of this Act, the undertakers shall, for the purpose of operating the tramways, have the exclusive right to use the rails, foundations, cables, masts, overhead wires and other apparatus provided for their operation.
(2)Any person who, without the consent of the undertakers or other reasonable excuse, uses any tramway, or other apparatus mentioned in subsection (1) above, for the passage of vehicles having wheels suitable only for running on the rails of such tramways shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3)Nothing in this section shall restrict the exercise of any public right of way over any part of a road in which a tramway, or other apparatus mentioned in subsection (1) above, is situated except to the extent to which the exercise of that right is constrained by—
(a)the presence of the tramway or such other apparatus; or
(b)the exercise of the powers of section 7 (3) of this Act.