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34.—(1) The undertaker may operate and use the authorised guided busway and any apparatus or facilities used for the operation of the busway system and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods (which in this Order is referred to as “the busway system”).
(2) Subject to article 47, the undertaker shall have the exclusive right to use the authorised guided busway and any apparatus or facilities used for the operation of the busway system and to permit others to do so on such terms as it sees fit.
(3) Any person who, without the consent of the undertaker or other reasonable excuse, uses the authorised guided busway and any apparatus or facilities used for the operation of the busway system shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4) Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which the authorised works are situated or cross over except to the extent that the exercise of the right is constrained by the existence of the authorised works.
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