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1.1 In these By-laws, the following expressions shall have the meanings set out below:
a) "Acts" means the South Yorkshire Light Rail Transit Acts 1988 - 1993 and any statutory modification or re-enactment thereof for the time being in force.
b) "Authorised Officer" means:- i) any police officer acting in the execution of his duty; and ii) any Person from time to time designated by the Operator to be an Authorised Officer.
c) "SYSL" means South Yorkshire Supertram Limited.
d) "Authorised Ticket Agent" means any Person authorised by SYSL or by the South Yorkshire Passenger Transport Executive to sell or deal in tickets.
e) "Conditions of Carriage" means the conditions of contract in relation to the carriage of passengers upon the System as issued and amended from time to time by the Operator.
f) "Operator" means the operator for the time being of the System as appointed by SYSL.
g) "Segregated Section" means any section of the System which does not run in the public highway or on a public footpath or any other public right of way.
h) "System" means the South Yorkshire Light Rail Transit System as defined in the Acts including but not limited to all Vehicles, tram stops and other premises, signalling and telecommunications equipment, ticket vending equipment, rails, overhead line equipment and other equipment or items whatsoever which may from time to time be part of or used upon or in connection with the said Light Rail Transit System.1 2
i) "Ticket" means any ticket or document issued for the conveyance of any passenger, animal or article on the System, and includes in particular but without prejudice to the generality of the foregoing any period ticket, free pass, privilege ticket, or any warrant, identity card, voucher or other similar authority in exchange for or on production of which any ticket for the conveyance of any passenger may be issued.
j) "Ticket Validator" means a machine (which machine may form part of a ticket machine or any other machine used for the purposes of the system) which has as its function or part of its function a mechanical or electronic or other process by which tickets are imprinted with whatever details are authorised by SYSL as being necessary to validate a ticket.
k) "Tram stop" means any structure or area from time to time designated by SYSL for the collection or setting down of passengers from Vehicles, both on the public highway and the segregated sections of the system.
l) "Vehicle" means any light rail vehicle, locomotive or other vehicle adapted to travel upon the system (whether in operational use or not).
1.2 In addition:
a) references in these By-laws to any "Persons" shall be taken to include reference to individuals, firms, companies and other bodies as the context requires;
b) references to the singular number shall include the plural and vice versa and references to any gender shall include the other gender;
c) the headings in these Bye-laws are for ease of reference only and shall not affect the interpretation of these Bye-laws.
2.1 These Bye-laws are made pursuant to the powers conferred by the Acts.
2.2 Any person contravening any of these Bye-laws shall be liable upon summary conviction to a fine not exceeding level 3 on the standard scale (as defined in Section 37 of the Criminal Justice Act 1982).
2.3 Any person who is reasonably suspected of contravening, or attempting to contravene, any of these Bye-laws:
a) shall upon being requested to do so, give his name and address to any Authorised Officer.
b) may be removed from any Vehicle or from the System by force if necessary by any Authorised Officer.
2.4 Without prejudice to Bye-laws 2.2 and 2.3 above, the Operator may, where a Person has either been convicted of an offence on the System other than under these Bye-laws, or where a Person has been convicted of any breach of these By-laws, by written notice to the Person concerned prohibit that Person from entering any vehicle or tram stop and any breach of such a prohibition shall constitute a breach of these Bye-laws.
2.5 Without prejudice to Bye-law 2.2 above, if the contravention of any of these By-laws is attended with danger or annoyance to the public, or hindrance to SYSL or the Operator in the conduct of the System, it shall be lawful for SYSL or the Operator summarily to take action to obviate or remove the danger, annoyance or hindrance.
Persons who are passengers on the system shall comply with the Conditions of carriage.
4.1 For the purposes of these Bye-laws, a ticket which is issued from a ticket machine whether such ticket machine is situate at a tram stop or at the premises of an authorised ticket agent or elsewhere shall only become valid and may only be used after it has been validated by a ticket validator.
4.2 Except with the permission of an Authorised Officer, no person shall enter any vehicle unless that person has a valid ticket enabling him to do so.
4.3 No Person shall remain upon a Vehicle after either the Tram stop or the time at which his ticket ceases to be valid.
4.4 No Person shall alter, deface, mutilate or destroy any ticket or use or attempt to use any ticket which shall in any material respect have been altered, defaced or mutilated.
4.5 Any Person shall if so requested by an Authorised Officer deliver up his ticket for inspection to such Authorised Officer and such Authorised Officer shall be entitled to retain such ticket if it shall be found to have expired or to have been altered, defaced, mutilated or be invalid. Any person whose ticket is so retained shall leave the vehicle at the next tram stop after giving the Authorised Officer his name and address if so requested.
4.6 No Person (save for an Authorised Officer acting within the scope of his duties) shall sell or purchase or attempt to transfer or receive any partly-used ticket nor shall any Person knowingly use or attempt to use any ticket which has been sold, purchased, transferred or received in contravention of the foregoing provisions of 4 this Bye-law.
4.7 In connection with any scheme for the provision of concessionary travel on the system, no person shall:
a) make use of or attempt to make use of any concession provided for by such scheme except to the extent and for such time as he may be entitled so to do, subject to the conditions of the scheme; or
b) (being a Person entitled to make use of any such concession) obtain or attempt to obtain the use of such concession for an on behalf of any other Person.
4.8 Where fares for journeys on the system vary dependent upon the time at which the ticket therefore is purchased or is used, no Person shall make use of any ticket purchased at reduced fare outside any time constraints applicable thereto except to the extent and within the times authorised by the Conditions of Carriage.
5.1 No unauthorised person (whether a passenger on the system or not) shall:
a) obstruct any vehicle; or
b) construct, leave or operate any machinery, vehicle, material, structure or other matter or move or leave any animal on, under or in proximity to any vehicle or any other part of the system; or
c) Operate, move work or tamper with any mechanical or electrical appliance upon the system or any switch lever or other device operating or controlling any mechanical or electrical appliance upon the system except:-
i) In cases of emergency, any switch lever or other device upon or near which is displayed a notice that it is intended to be operated in cases of emergency; or
ii) in the case of an automatic door on any vehicle (when such vehicle is stationary at a
platform or place appointed for passengers to enter or leave the vehicle) any switch lever or other device or near which is displayed a notice that it is intended to be operated by passengers to open or close such door; or
d) open, or attempt to open, any gate or gates leading to or from a platform at a tram stop upon the system without authority to do so; or
e) throw at or drop upon or leave upon any part of the system any item or substance of any description such as would or is intended to obstruct or endanger the safe and efficient operating and working of the system, or any person thereon.
5.2 No person shall whether intentionally or recklessly do or permit to be done anything whereby the safety or security of the system or of any person on or upon the system (whether a passenger on the system or not) is or may be endangered.
5.3 No person while on the system shall intentionally obstruct or impede any Authorised Officer in the execution of his duty.
5.4 Except by permission in writing of any Authorised Officer no person suffering from any infectious or contagious disease or disorder shall enter or remain and no person having the custody, charge or care of any such person shall cause or permit such person to enter or remain upon the system, and SYSL or the operator may refuse to receive or carry any such person or to permit any such person to enter remain or be upon or to travel on the system. Any person suffering as aforesaid and any person having the custody, charge or care of any such person may be removed from the system by, or under the direction of, an Authorised Officer and shall be liable to SYSL for the cost of disinfecting any premises and any lift or vehicle in which such person shall have been, and to make good any other damage to property through the contravention of this Bye-law without prejudice to any penalty incurred by such contravention.
5.5 Without prejudice to any penalty incurred by the contravention of this Bye-law 5, any road vehicle, machinery, material, structure or other matter or any animal left on the system or in such a position as to obstruct or interfere with the safe and efficient operation of the system may be removed by or under the direction of any Authorised Officer in such a manner as Authorised Officer reasonably believes necessary or desirable without SYSL, the Operator or the Police being under any liability in respect of any loss or damage reasonably incurred by him in doing so.
6.1 No person shall smoke or carry any lighted tobacco or smokeables (including but not limited to pipes, cigars or cigarettes) upon any vehicle or upon any part of the system.
6.2 No person shall without the prior written consent of the operator, create or bring upon any part of the system any fire or other naked light whatsoever.
6.3 No person shall without lawful authority or reasonable excuse bring upon the system any loaded shotgun or loaded air weapon, or any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm.
7.1 No person shall:
a) consume or carry in an opened contained any intoxicating liquor on any vehicle or any tram stop or;
b) consume, chew or open any food which will soil, disfigure or destroy any part of the system (including any vehicle or any tram stop) or the property of any other person on the system.
7.2 No person who is in a state of intoxication or under the influence of the effects of any illegal substance shall enter or attempt to enter any vehicle or any station and (without prejudice to Bye-law 7.1 above) any Authorised Officer who reasonably believes any person to be intoxicated or under the influence of the effects of any illegal substance shall be authorised and entitled to require such Person to leave any such vehicle forthwith (or when it is next safe to do so) and further to leave (or not to enter) any other vehicle or station.
7.3 In this Bye-law "intoxicating liquor" shall have the meaning ascribed thereto by Section 201(1) of the Licensing Act 1964.
7.4 No Person shall bring or permit to remain upon the system any inflammable, explosive (as defined in the Explosives Act 1875) or corrosive gas, petrol or other spirit, liquid substance or matter which is or may become dangerous or harmful to any Person or property
8.1 No person shall cause or permit to be brought into or upon or cause or permit to remain in any vehicle or any tram stop any animal unless authorised by the Conditions of Carriage or any Authorised Officer and then only subject to such conditions and stipulations and to the payment of any such fare as may be specified by the Conditions of Carriage or any Authorised Officer.
8.2 Bye-law 8.1 above shall not prohibit the bearer of a card issued by the Guide Dogs for the Blind Association from bringing upon or using upon the system a guide or support dog.
8.3 Subject to Bye-law 8.1 above, it shall be the responsibility of any Person who has brought any animal upon any vehicle or any tram stop to ensure that such animal does not cause nuisance or constitute an obstruction to the system or a nuisance or danger to any person upon the system, or otherwise cause or constitute an infringement of any of these Bye-laws.
8.4 Subject to the foregoing provisions of this Bye-law 8:
a) no person shall cause or permit any animal to occupy a seat on any vehicle;
b) no person shall leave or place any animal unattended in any vehicle or on any tram stop unless authorised by the Conditions of Carriage or any Authorised Officer;
c) Without prejudice to any penalty incurred by the contravention of this Bye-law, any animal brought on to any vehicle or tram stop or left or placed unattended in contravention of this Bye-law may be removed by or under the direction of any Authorised Officer in such a manner as such Authorised Officer reasonably believes to be necessary or desirable without SYSL or the operator or the Police being under any liability in respect of any loss or damage caused thereby.
9.1 No person shall cause or permit to be brought onto, or permit to remain upon any vehicle or any tram stop:
a) any bicycle or other wheeled vehicle (save for wheelchairs, pushchairs and prams) unless authorised by the Conditions of Carriage;
b) any luggage or other article which by reason of its nature could be reasonably expected to cause or does cause obstruction, inconvenience or danger to any person (whether a passenger on the system or not) or damage to any property (including but not limited to the system).
9.2 Without prejudice to Bye-law 9.1 above, any item which is brought upon any vehicle or any other part of the system shall be so controlled or placed to avoid obstruction, unnecessary inconvenience or danger to any Person (whether a passenger on the system or not) and so as to avoid damage to property (including but not limited to the system) and shall otherwise be carried, placed and controlled in accordance in all respects with these Bye-laws, the Conditions of Carriage and any directions given by any Authorised Officer and in particular any permission to bring any such item upon any vehicle or upon any tram stop may at any time be withdrawn by an Authorised Officer where in such Authorised Officer's opinion it is necessary to do so for the prevention of obstruction or in the interests of safety or otherwise in order to ensure compliance with the terms of these Bye-laws.
9.3 Without prejudice to any penalty incurred by contravention of this Bye-law , if the person in charge of any item when requested to do so by an Authorised Officer fails immediately to remove the same from any vehicle or as the case may be from any tram stop, that item may be removed therefrom by or under the direction of such Authorised Officer in such manner as such Authorised Officer reasonably believes to be necessary or desirable without SYSL, the operator or the Police being under any liability in respect of any loss or damage caused thereby.
No person other than an Authorised Officer shall ride a bicycle, tricycle, motorcycle or other similar machine or bring any handcart, barrow or similar conveyance upon any footbridge, footpath, causeway or subway on the system and made or set apart for the use or accommodation of pedestrians only provided that no person shall be subject to any penalty under this By-law unless it shall be proved to the satisfaction of the court before whom the complaint is laid that public warning has been given that the footbridge, footpath, causeway or subway in respect of which the complaint is made has been set apart for the use or accommodation of pedestrians only by notice clearly exhibited at the footbridge, footpath, causeway or subway where and at the time of which any offence under this Bye-law is alleged to have been committed.
11.1 No person while on the system shall:
a) use any obscene, threatening, abusive or insulting language or behaviour; or
b) make, create or permit any noise which may cause a nuisance or give reasonable grounds for annoyance to any person on the system; or
c) use any radio, audio or video equipment or perform any musical or other instrument in a manner so as to be audible to any other person on the system; or
d) sell or expose or offer for sale any article or goods whatsoever; or
e) tout, ply for or beg for reward or custom or employment of any description; or
f) otherwise conduct himself in a disorderly manner or in a manner likely to offend or obstruct or cause a nuisance or give reasonable grounds for annoyance to any other person on the system or molest or wilfully interfere with their comfort or convenience.
12.1 No person shall:
a) without reasonable excuse distract the driver on any vehicle or otherwise obstruct any Authorised Officer in the performance of his duties whether on any vehicle or elsewhere on the system;
b) i) utilise (save in a proper manner) or tamper with or damage any part of the system (including but not limited to any ticket vending machine ticket validating machine and any public address or alarm system or emergency stop facility on any vehicle); or
ii) break, cut, scratch, tear, soil, deface or damage any vehicle, or any of the fittings, furniture, decorations, or equipment thereof, or any notice, advertisement, number plate, number, figure or letter therein or thereupon, or remove therefrom or detach any such article or thing; or
iii) deface or damage any part of the system.
c) leave or enter any vehicle or attempt to leave or enter any vehicle, save: i) when the same has come to a halt at a tram stop and all persons who are leaving or are on the way to leave any vehicle shall have passed out of such vehicle; and ii) in compliance with any directions which may be given by notices on any vehicle or upon any other part of the system; and iii) in compliance with any directions given by any Authorised Officer. Provided that no person shall attempt to leave or enter any vehicle after the doors have started to close,
d) cross any part of the line comprised in the system other than in a safe and orderly manner paying due care and attention to any signs and to the position and motion of vehicles and any other conveyance or persons and save by using the shortest possible route and otherwise in such a manner to cause the minimum of nuisance and interference to the system and to other persons.
e) walk, trot, run, cycle ride or drive on any segregated section of the system other than as permitted by these Bye-laws at a tram stop.
f) post any bills or other matter upon any part of the system without the prior written consent of the operator;
g) distribute documents, beg for money or busk or collect monies or sell any item of whatsoever nature for reward on the system without the prior written consent of the operator;
h) throw or drop litter or any other item or matter on or from or leave litter on any vehicle or on any other part of the system save in receptacles provided for that purpose;
i) spit on or in any part of the system;
j) knowingly give any false fire, ambulance, bomb or other emergency alarm, by whatsoever means calculated or intended to affect or interfere with the operation of the system;
k) climb on any part of the system save for entering or leaving vehicles in the manner permitted by these By-laws;
l) without the authority of the operator enter the driver's cab of any vehicle or enter any part of any vehicle or tram stop which is from time to time;-
i) appropriated for the exclusive use of persons of the other sex; or
ii) marked by a notice in a conspicuous position as being not open to access by the public;
m) enter any vehicle or any station wearing clothing which is likely to soil the fabric of seats in the vehicles, or bearing obscene or abusive words or material which may cause nuisance or inconvenience to other passengers;
n) set up temporary or permanent residence on any part of the system or loiter or remain upon any part of the system after having been requested by an Authorised Officer to depart unless such person can show he is lawfully entitled to remain.
o) Except with the permission of an Authorised Officer, no person shall enter or remain upon any tram stop for the purposes of skateboarding or roller skating or any other recreational activity.
a) In this Bye-law "SYSL's representative" means an employee of SYSL or of the operator designated to receive or to have custody of any property accidentally left on or in any part of the system; "owner" means the person who has legal title to the property, but in relation to any property which is the subject of an agreement for hire, hire purchase or loan, means the person entitled to possession of the property under that agreement; and the expression "owned" shall be construed accordingly. b) In this Bye-law reference to property on or in any part of the system does not include property in a public service vehicle on or in the system.
13.2 Any person who finds property accidentally left in any vehicle or on the system shall immediately hand it, in the state in which he finds it, to an Authorised Officer.
13.3 a) An Authorised Officer to whom any property is handed in accordance with this Bye-law or who himself finds any property in any vehicle or in the system shall, as soon as possible, and in any case within 24 hours (unless the property has been returned to a claimant under paragraph 13.3 b) below) deliver the property for safe custody, in the state in which it came into his possession, to SYSL's representative.
b) If any such property as is referred to in paragraph 13.3 a) above is claimed from the Authorised Officer to whom the property was first handed, or who himself found the property, by a person who satisfies that Authorised Officer that he is the owner of the property, it shall be returned to that Person forthwith, without charge, on that persons giving his name and address to the Authorised Officer who shall, as soon as may be, report the facts and give the claimant's name and address and a description of the property to SYSL's representative.
c) If any property is claimed from SYSL's representative by a claimant who gives his name and address and satisfies SYSL's representative that he is the owner of the property, it shall thereupon be returned to him on payment of a charge of the amount specified, or at the rate specified, in column (2) of the schedule hereto for property of that kind, to SYSL's representative who shall, as soon as may be, report the facts and give the claimant's name and address, a description of the property and such sum 12 of money as aforesaid to SYSL.
13.4 a) Where any property is delivered to SYSL's representative under 13.3 above SYSL shall keep it in safe custody until it is returned to its owner or otherwise disposed of in accordance with this Bye-law.
b) Official documents, including licences, passports and aliens' identity books, shall wherever practicable be returned forthwith to the appropriate government department, local authority or other body or person responsible for issuing them or for controlling or dealing with them.
c) Where the name and address of the owner of any property, other than the documents referred to in paragraph 13.4 b) above, are readily ascertainable, SYSL shall forthwith notify him that the property is in the possession of SYSL and may be claimed in accordance with this Bye-law.
13.5 SYSL shall keep for a period of not less than twelve months after their receipt a record showing all particulars of property delivered to them under Clause 13.3 above and the ultimate disposal of each item of property and such record shall, at all reasonable times during the said period, be available for inspection by a Police Constable.
13.6 a) Except as provided in paragraphs 13.6 b) and 13.6 c) below:-
i) if any property held by SYSL for safe custody in accordance with this Bye-law is not claimed within one month of the date when it was delivered by SYSL's representative under Clause 13.3 above and proved to the satisfaction of SYSL to be owned by the claimant; or
ii) if the claimant refuses or neglects to pay to SYSL the charge of the amount specified, or at the rate specified, in column (2) of the schedule hereto for property of that kind or to take delivery of the property within the said period; the property shall thereupon vest in SYSL.
b) Property the value of which in the opinion of SYSL exceeds £1.00, and any property (including documents) which for any reason in the opinion of SYSL should be retained for a longer period than one month, shall not vest in SYSL, and shall not be disposed of, until the expiration of such longer period, not being less than three months, as SYSL may think fit.
c) Any official documents which it has not been practicable to return to the appropriate body or person in accordance with Bye-law 13.4 b) above, and any other documents which have not been claimed by a person entitled to their return within the period referred to in paragraph 13.6 b) above, shall be dealt with or disposed of in such manner as SYSL may deem appropriate.
d) Where property vests in SYSL in accordance with this By-law, they may dispose of the property or the proceeds of sale as they think fit.
13.7 Notwithstanding the foregoing provisions of this By-law:-
a) if any property held by SYSL under this By-law appears to SYSL to be of perishable nature, and if, within 48 hours (or shorter if appropriate) from the time when it was found, it has not been claimed and proved to the satisfaction of SYSL's representative to be owned by a claimant who has paid the charge payable under Bye-law 13.3 and taken delivery of the property, the property shall thereupon vest in SYSL who may destroy it or otherwise dispose of it as they think fit;
b) any property which is or has become objectionable may be destroyed or disposed of at any time in the discretion of SYSL's representative having custody of it.
13.8 Where any property is to be forwarded to a claimant, all costs of packing and carriage reasonably incurred, together with any charges payable under Bye-law 13.3 shall be paid in advance by the claimant to SYSL.
13.9 Where any property is contained in a package, bag or other receptacle, SYSL may cause such a receptacle to be opened and the contents examined, or require the claimant to open it and submit it and its contents for examination, if SYSL deem it necessary to do so for the purpose either:
a) of identifying and tracing the owner of the property; or
b) of ascertaining the nature of the contents or valuing the property.
1. Handbag or purse (including contents if any not containing money ), glove or pair of gloves, key or bunch of keys, hat, mackintosh (plastic or nylon), scarf, book, smokers' requisites, spectacles or sunglasses, umbrella, walking stick, article of small value). Charge = £1.00
2. Money, purse, handbag or other receptacle (including contents if any) containing money). Charge = 10% of value of money subject to a minimum charge of £1.00 and a maximum of £20
3. Pushchair, perambulator or baby buggy, items of clothing (not being articles of small value) not otherwise specified. Charge = £2.00
4. Livestock, Pet or other animal ) Charge = £2.00
5. Additional daily charge for keeping animal = £2.00
6. Article not otherwise provided for of value not exceeding £50. Charge = £3.00
7. Article not otherwise provided for of value exceeding £50. Charge = £5.00
14.1 In this Bye-law "conveyance" means any vehicle (whether or not mechanically propelled) and includes a public service vehicle and any car, wagon, truck, cart, carriage, trailer, handcart, barrow, bicycle, tricycle or motorcycle.
14.2 Except in case of emergency, no person shall park or leave any conveyance in or upon the system:
a) otherwise than in a car park or part of a car park or other place designated by means of a notice exhibited in a conspicuous position in the car park or place for the parking of conveyances of that kind, and in the manner, for the periods and at the hours specified in any such notice; or
b) in any manner or place so as to cause an obstruction or hindrance to SYSL or to persons using any part of the system; or
c) otherwise than in accordance with any reasonable direction of an Authorised Officer.
14.3 No person shall remove, or attempt to remove any conveyance from car park or other place in the system for the use of which parking charges are levied without having previously paid the appropriate charges, provided that, at the time of the removal or attempted removal, notice is exhibited at such car park or place specifying the charges payable for parking there.
14.4 Any conveyance parked or left in contravention of paragraph 14.2 of this Bye-law may be removed by, or under the direction of, an Authorised Officer and the cost of the removal shall, without prejudice to any penalty incurred by contravention of this Bye-law, be paid to SYSL by the person in charge of the conveyance.
SYSL or the operator may direct persons to form queues on the system, or at any tram stop for the purpose of regulating the access to services and facilities provided on or in the immediate vicinity of any vehicle, and every person desirous of availing himself or herself of any such service or facility shall, upon notice or request by SYSL or an Authorised Officer take up position in the rear of one of such queues and move forward in an orderly and regular manner, and obey the reasonable instructions of an Authorised Officer regulating such queues.
No driver of a vehicle shall cause or permit his vehicle to exceed the speed indicated on a speed limit sign erected by the operator and applying to the part of the system through which that vehicle is travelling.