PART 4OPERATION OF TRAM SYSTEM

Removal of obstructions39

1

If any obstruction is caused to tramcars using the authorised tram system by a vehicle waiting, loading, unloading or breaking down on any part of the tram system, the person in charge of the vehicle must remove it immediately; and if that person fails to do so the promoter may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from—

a

any person by whom the vehicle was put or left so as to become an obstruction to tramcars; or

b

any person who was the owner of the vehicle at that time unless that person shows that that person was not, at that time, concerned in or aware of the vehicle being so put or left.

2

If any obstruction is caused to tramcars using the authorised tram system by a load falling on the tram system from a vehicle, the person in charge of the vehicle must immediately remove the load from the tram system; and if that person fails to do so, the promoter may take all reasonable steps to remove the load and may recover the expenses reasonably incurred in doing so from—

a

any person who was in charge of the vehicle at the time when the load fell from it; or

b

any person who was the owner of the vehicle at that time unless the person shows that, at that time, the person was not concerned in, or aware of, the vehicle being in the place at which the load fell from it.

3

For the purposes of this article the owner of a vehicle is taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of the vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicles Excise and Registration Act 199450.