West Midlands Passenger Transport Executive, pursuant to the powers conferred upon it by the Midland Metro Act 1989 (hereinafter referred to as “the Act”) does hereby, as owner of Metro (as hereinafter defined), make the following Byelaws in respect of Metro, and the conduct and carriage of persons on vehicles and otherwise in relation to safety and conduct upon and in respect of Metro.
DEFINITIONS
- (1) In these Byelaws, the following expressions shall have the meanings set out below:
(a) “Authorised Officer” means:
(i) In relation to Metro:
(a) any police officer acting in the execution of his duty; and
(b) any persons from time to time designated by the Operator or Centro to be an Authorised Officer: and
(ii) In relation to those parts of Metro which are used jointly with Railtrack:
(a) any of those persons mentioned in subparagraph (i) above: and
(b) any nominated officer, employee, or agent of Railtrack
(b) “Centro” means West Midlands Passenger Transport Executive.
(c) “Conditions of Carriage” means the conditions of contract in relation to the carriage of persons upon Metro as approved by Centro and as issued and amended from time to time by the Operator or by any franchisee concessionaire or other agent properly appointed by the Operator to undertake the carriage of persons upon Metro.
(d) “Franchise Operator” means the operator of heavy rail services in accordance with any franchise agreement entered into in response tothe specification of services by Centro in accordance with section 34 of the Railways Act 1993.
(e) “Metro” means the Midland Metro Light Rapid Transit System as defined in the Act or any statutory amendment thereto including but not limited to all Vehicles, 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 be used upon or in connection with the said Light Rapid Transit System.
(f) “Railtrack” means Railtrack PLC or its successor.
(g) “Stop” means any structure or area from time to time designated by Centro for the collection by, or setting down of, passengers from vehicles, both on the street and the off-street sections of Metro.
(h) “The Operator” means the operator for the time being of Metro asappointed by Centro
(i) “Ticket” means any ticket, travel pass or official authority to travel on Metro. u) “Vehicle” means any locomotive or other vehicle fitted with flanged wheels or adapted to travel upon Metro (whether in operational use or not).
(2) in addition:
(a) references in these Byelaws to any “Person” 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 Byelaws are for ease of reference only and shall not affect the interpretation of these Byelaws.
AUTHORITY AND PENALTIES
- (1) These Byelaws are made by Centro pursuant to the powers conferred upon it by Section 49 of the Midland Metro Act 1989.
(2) Any Person contravening any of these Byelaws 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).
(3) Any Person who is reasonably suspected of contravening, or attempting to contravene, any of these Byelaws:
(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 Metro by force if necessary, by any Authorised Officer.
(4) Without prejudice to Byelaws 2(2) and 2(3) above, the Operator may, where a Person has either been convicted of an offence on Metro other than under these Byelaws, or been convicted of any breach of these Byelaws, by written notice to the Person concerned prohibit that Person from entering Metro and any breach of such a prohibition shall constitute a breach of these Byelaws.
CONDITIONS OF CARRIAGE
- Persons who are passengers on Metro shall comply with the Conditions of Carriage, these Byelaws and, additionally in relation to those parts of Metro which are used jointly with Railtrack or a Franchise Operator, with any Byelaws issued by Railtrack or that Franchise Operator.
TICKETS AND CONCESSIONS
- (1) Except with the permission of an Authorised Officer, no Person shall enter any Vehicle or any Stop unless that Person:
(a) has a valid Ticket enabling him to do so: or
(b) (i) has every intention of procuring a valid Ticket enabling him to do so, and
(ii) has proof of the ability to purchase a Ticket enabling him to do so: or
(2) No Person shall enter any Stop, other than a Stop on a street, without the intention of entering any Vehicle unless they have every intention of meeting another Person at that Stop.
(3) No Person shall remain upon a Vehicle after the point at which his Ticket ceases to be valid.
(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.
(5) Any Person shall if so requested by any 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.
(6) Any Person found to be in contravention of paragraphs (1), (2), (3), (4) or (5) of this Byelaw shall be liable to pay a Penalty Fare payable to the Operator, as defined in Section 5 (1) of the Midland Metro (Penalty Fares) Act 1991.
(7) No Person (save for an Authorised Officer acting within the scope of his duties) shall sell or purchase or attempt to sell or purchase any Ticket or transfer or receive 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 this paragraph.
(8) In connection with any scheme for the provision of concessionary travel on Metro, no Person shall make use of, or attempt to make use of any concession provided for by such scheme except to the extent and for such as he may be entitled so to do, in accordance with the conditions of the scheme.
(9) Where fares for journeys on Metro vary depending upon the time at which the journey on Metro is commenced by entering a Vehicle, no Person shall make use of any Ticket outside any time constraints applicable thereto except to the extent authorised by the Conditions of Carriage.
(10) Except with the permission of an Authorised Officer, no Person shall enter or remain upon any Stop for the purposes of skateboarding, roller skating, bicycle riding or any other recreational activity.
OBSTRUCTION OF METRO
- (1) No unauthorised Person (whether a passenger on Metro 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 or in proximity to any Vehicle or any other part of Metro: or
(c) throw at or drop upon or leave on any part of Metro any item or substance of any description such as would obstruct or endanger the safe and efficient operation and working of Metro.
(2) Without prejudice to Byelaw 5 (1) above, no Person shall, whether intentionally or recklessly do or permit to be done anything whereby the safety or security of Metro or of any Person on or upon Metro (whether a passenger on Metro or not) is or may be endangered.’
(3) (i) No Person shall without lawful authority or reasonable excuse bring upon Metro any loaded shotgun or loaded air weapon, or any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm.
(ii) No Person shall bring or permit to remain upon Metro 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 other Person or property.
(4) Without prejudice to any penalty incurred by the contravention of this Byelaw 5, any vehicle, machinery, material, structure or other matter or any animal left on Metro or in such a position as to obstruct or interfere with the safe and efficient operation of Metro may be removed by or under the irection of any Authorised Officer in such a manner as such Authorised Officer reasonably believes necessary or desirable without Centro, the Operator, or the police being under any liability in respect of any loss or damage caused thereby, and may recover from the Person responsible the expenses reasonably incurred by him in doing so.
NO SMOKING, FIRE OR LIGHTS
- (1) No Person shall smoke or carry any lighted smokeables (including but not limited to pipes, cigars, or cigarettes) on any Vehicle or on any part of Metro.
(2) No Person shall without the prior written consent of the Operator, create or bring upon any part of Metro any fire or other naked light whatsoever.
ALCOHOL AND OTHER SUBSTANCES
- (1) No Person shall consume:
(a) any alcoholic beverage on any Vehicle or any Stop.
(b) any food which will soil, disfigure, or destroy the property of any other Person on Metro or any Vehicle or any Stop.
(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 part of Metro, and (without prejudice to Byelaw 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 Metro forthwith (or if on a Vehicle when it is next safe to do so) and further to leave (or not to enter) any other Vehicle or any Stop.
