The Network Rail (West Coast Main Line) Order 2003

Power to control vehicles using Berkswell Underpass

10.—(1) Network Rail may, for the purpose of controlling the traffic, and restricting the height and width of vehicles, using the Berkswell Underpass, subject to such requirements as the Secretary of State may from time to time lay down, place and maintain in any street at or near the Berkswell Underpass, traffic signs and structures or other devices to enforce height and width restrictions of a type prescribed by regulations made under section 64(1)(a) of the Road Traffic Regulation Act 1984(1) (“the 1984 Act”) or of a character authorised by the Secretary of State.

(2) Network Rail—

(a) shall consult with the traffic authority as to the placing of traffic signs, structures or devices; and

(b) unless the traffic authority are unwilling to do so and subject to any directions given under section 65 of the 1984 Act, shall enter into arrangements with the traffic authority for the traffic signs, structures or devices to be placed and maintained by the traffic authority.

(3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to Network Rail as to traffic signs, structures or devices under this article; and, accordingly, the powers conferred by paragraph (1) shall be exercisable subject to and in conformity with any directions given under that section.

(4) In this article—

(a) “the Berkswell Underpass” means the vehicular underpass at Berkswell level crossing in the Metropolitan borough of Solihull whereby Station Road and Truggist Lane pass beneath the London to Birmingham Section; and

(b) expressions used in this article and in the 1984 Act shall have the same meaning as in that Act.

(1)

1984 c. 27.