Section 11: Repairing tramways

11. Repairing tramways (1) A promoter, for the purpose of making, forming, laying down, maintaining and renewing a tramway, may break up and open a public road, subject to subsection (2). (2) (a) The promoter shall give to the Permanent Secretary notice of his intention, specifying the time at which he will begin to do so, and the portion of road proposed to be opened or broken up, such notice to be given 7 days, at least, before the commencement of the work. (b) The Permanent Secretary may superintend such opening, breaking up, or altering the level of any road. (c) The promoter shall pay to the Accountant-General all the expenses incurred by the Permanent Secretary on account of superintendence of works under paragraph (b). (d) (i) Where a tramway crosses a public road or carriageway, the promoter shall set up gates or chains with a red disc, and place stop blocks across the rails at a certain distance on each side of the road or carriageway to be crossed, and no person shall open the stop blocks until gates across the roads or carriageway have been closed, or the chains have been fixed across the roads or carriageways. (ii) Where a tramway runs along or on a public road, the promoters shall set up, at each byroad where it opens out on to the public road where the tramway passes, a gate which shall be closed when trains are running along the tramway. T17 – 3 [Issue 1] Tramways Act (e) The gates shall be 2 feet wider than the public road, and where the crossing is a level crossing it shall be as nearly as possible at right angles. (f) Except as provided in regulations, no person shall use a level crossing between sunset and sunrise. (g) (i) Solid masonry shall be laid to the exact level of the top of the rails on each side of each road, and the road shall be kept in good repair by the promoters. (ii) The promoter may, instead of using masonry, lay, flush with the road surface, a guard rail alongside the rails or may replace the rails by grooved rails which shall also be laid flush with the road surface, or by such other appliances as may be approved by the Minister. (h) Where repairs to the crossings of the road are required, only one half of the road shall be broken up at a time, and the other half shall not be broken up until the first half is restored to circulation and public traffic. (i) At each level crossing where the tramway is being used for traffic, the proprietor shall provide a gatekeeper to be in constant attendance. (j) The Minister may exempt tramways worked exclusively by animal power from the requirements of paragraphs (d), (e) and (i).