39.—(1) Any person who without reasonable excuse—
(a)enters upon any part of the new crossing which is not a carriageway, cycle track or footway; or
(b)trespasses upon any land of the undertaker in dangerous proximity to the new crossing or to any electrical or other apparatus used for or in connection with the operation of the new crossing,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) No person shall be convicted of an offence under paragraph (1) unless it is shown that a notice warning the public not to trespass upon the new crossing was clearly exhibited and maintained near to the place where the offence is alleged to have been committed or the place at which the trespass upon the new crossing or land is alleged to have begun.
(3) If the tolls payable by any person wishing to use the new crossing are demanded of that person before using it, and that person shall, after those tolls have been demanded (whether by any collector or other person appointed to receive those tolls), refuse or without reasonable excuse neglect to pay those tolls or any part of any toll, the collector or other person so appointed may refuse to permit that person to use the new crossing and may, alone, or with such assistance as that person shall think necessary, stop the person in default from using the new crossing.