PART 5PROTECTIVE PROVISIONS
Minerals
42. Nothing in this Order affects the right of any person entitled to any mine or minerals of any description whatsoever under a street along which the authorised transit system is laid to work the mine or get the minerals; but this does not affect any liability (whether civil or criminal) of the person so entitled in respect of damage to the authorised transit system resulting from the exercise of any such right.
Saving for highway authorities
43. Nothing in this Order affects any power of a highway authority to widen, alter, divert or improve any highway along which the authorised transit system is constructed.
Arrangements with highway authorities
44.—(1) The following provisions, unless otherwise agreed in writing between the undertaker and the highway authority concerned, have effect.
(2) In this article—
“highway” means a street vested in or maintainable by the highway authority;
“highway operations” means the construction or non-routine maintenance of any part of the authorised works which will involve interference with a highway or the traffic in a highway, any temporary stopping up, alteration or diversion of a highway, any occupation of the surface of a highway or any placing of equipment or apparatus in a highway; and
“plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction).
(3) Wherever in this article provision is made with respect to the approval or consent of the highway authority, that approval or consent must be in writing and may be given subject to such reasonable terms and conditions as the highway authority may require in the interests of safety and in order to minimise inconvenience to persons using the highway, but must not be unreasonably withheld.
(4) Prior to seeking approval under paragraph (6), the undertaker must consult the highway authority concerned as to any works to and changes in the management of the highway network which may be required to ensure the effective integration of the authorised transit system with other forms of highway traffic and, within 28 days of being requested in writing by the undertaker to do so, the highway authority must provide the undertaker with its opinion on the subject.
(5) Prior to seeking approval under paragraph (6), the undertaker must consult the highway authority concerned as to the design of any lighting for transit system stops, the design and positioning of any poles and brackets required for overhead line equipment and the design of any traffic signalling system for the authorised transit system.
(6) Without affecting the application of sections 59 and 60 of the 1991 Act (duty of street authority to co-ordinate and undertakers to co-operate) before commencing any highway operations, the undertaker must submit to the highway authority for its approval proper and sufficient plans and must not commence the highway operations until such plans have been approved or settled by arbitration.
(7) If, within 56 days after any plans have been submitted to a highway authority under paragraph (6), it has not intimated its disapproval and the grounds of disapproval, it is to be deemed to have approved them.
(8) In the event of any disapproval of plans by a highway authority under this paragraph, the undertaker may re-submit the plans with modifications and, in that event, if the highway authority has not intimated its disapproval and the grounds of disapproval within 28 days of the plans being re-submitted, it is to be deemed to have approved them.
(9) In submitting plans under paragraph (6), the undertaker must—
(a)ensure, so far as reasonably practicable, that the design of any lighting for transit system stops is such as not to cause confusion to highway users operating under normal highway lighting;
(b)ensure that the design and positioning of any poles and brackets required for overhead line equipment and the design of foundations, platforms, road islands, substations, electric lines and other apparatus are compatible, so far as reasonably practicable, with street furniture vested in the highway authority; and
(c)ensure that the design of any traffic signalling system for the authorised transit system is fully compatible with traffic signalling for other traffic users whilst achieving appropriate priority signalling for tramcars using the authorised transit system wherever practicable.
(10) Except in an emergency or where reasonably necessary to secure the safety of the public, no direction or instruction may be given by the highway authority to the contractors, employees or agents of the undertaker regarding the highway operations without the prior consent in writing of the undertaker but the highway authority is not liable for any additional costs which may be incurred as a result of the giving of instructions or directions under this paragraph.
(11) To facilitate liaison with the undertaker, the highway authority concerned must provide so far as is reasonably practicable a representative to attend meetings arranged by the undertaker respecting highway operations.
(12) So much of the authorised works as forms part of or is intended to become public highway, or part of any such highway, and which are not street works as respects which the provisions of Part 3 of the 1991 Act apply, must be completed in accordance with the reasonable requirements of the highway authority or, in case of difference between the undertaker and the highway authority as to whether those requirements have been complied with or as to their reasonableness, in accordance with such requirements as may be approved or settled by arbitration.
(13) The undertaker must not, except with the consent of the highway authority, alter or interfere with any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or any connected apparatus, or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway or maintainable by them or the access to any such property or work.
(14) The undertaker must not, except with the consent of the highway authority, deposit any soil or materials or stand any vehicle or plant on or over any highway so as to obstruct or render less safe the use of the highway by any person or, except with the like consent, deposit any soil or materials on any highway except within a hoarding.
(15) The undertaker must, if reasonably so required by the highway authority, provide and maintain during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 2002(1) in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.
(16) The undertaker must not place any hoardings on any part of any highway except for such period and in such manner as may be reasonably necessary.
(17) The undertaker must indemnify the highway authority against any claim which may arise as a result of any subsidence of, or damage to, any highway or any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or any connected apparatus or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway, or maintainable by them, which may be caused by, or in consequence of, any act or default of the undertaker, its contractors, servants or agents.
(18) Unless otherwise agreed between the parties any difference arising between the undertaker and the highway authority under this article (other than a difference as to its meaning or construction) is to be determined by arbitration under article 50 (arbitration).