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Ord. No. 26/89
PEAK TRAMWAY (AMENDMENT)
(3) If the company fails without reasonable excuse to comply with a direction under this section the company commits an offence and is liable to a fine of $100,000 and to a further fine of $10,000 for each day during which the failure to comply with the direction has continued.
(4) A copy of a document which purports to be a direction signed by the Secretary for Transport for the purposes of subsection (1)—–—
(a) shall be admitted in evidence in proceedings for an offence under subsec-
tion (3) on its production without further proof; and
(b) shall be sufficient evidence of the opinion of the Secretary for Transport.
Closure of tramway for safety reasons
14E. (1) The company shall close or partially close the tramway to the use of the public, if so required by notice in writing by the Secretary for Transport whenever the Secretary for Transport is not satisfied that the tramway is in safe working order, and is of opinion that any further operation of the tramway would be, or would likely to be, dangerous.
(2) If the Secretary for Transport is not satisfied that the tramway is in safe working order, and is of opinion that no immediate danger will arise from further operation of the tramway, he may, by notice in writing, require the company to put the tramway in safe working order to his satisfaction within a period specified in such notice.
(3) Upon expiration of the period specified under subsection (2), if the tramway has not been put in safe working order to his satisfaction, the Secretary for Transport may, by notice in writing, direct the company to close or partially close the tramway to the use of the public.
(4) Whenever the tramway is directed to be closed or partially closed under this section the tramway or such part thereof thereby affected shall not thereafter be operated for the use of the public without the written consent of the Secretary for Transport.
Closure of tramway for repairs or alterations
14F. (1) The company may close or partially close the tramway to the use of the public whenever necessary to enable any repairs or alterations to be effected to the tramway.
(2) The company shall forthwith notify the Secretary for Transport of any closure or partial closure under subsection (1).
Offence of interfering with tramway etc.
14G. (1) A person commits an offence if he wilfully—
(a) interferes with, removes, or alters any part of the tramway or of the works
connected therewith; or
(b) places or throws any stones, dirt, wood, refuse, or other materials on any
part of the tramway; or
(c) does or causes to be done anything in such manner as to obstruct any
person using the tramway; or
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PEAK TRAMWAY (AMENDMENT)
Ord. No. 26/89
A283
(d) does or omits to do anything in relation to the tramway that endangers or is likely to endanger the safety of any person travelling or being upon the tramway.
(2) Any person who commits an offence under subsection (1) is liable to a fine of $5,000 and to imprisonment for 6 months.
Offence of negligence by employee
14H. (1) An employee of the company commits an offence if, in connection with his employment, he negligently does or omits to do anything in relation to the condition or operation of any part of the tramway that endangers or is likely to endanger the safety of any person travelling or being upon the tramway.
(2) An employee who commits an offence under subsection (1) is liable to a fine of $5,000 and to imprisonment for 6 months.
(3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise.”.
Sections substituted
5. Section 15 is repealed and the following substituted--
"Regulations
15. (1) The Governor in Council may make regulations for all or any of the following matters-
(a) controlling and regulating the maintenance and operation of the tramway
and providing for safe systems of operation;
(b) providing for the approval by the Secretary for Transport of the carrying
out of work on the tramway;
(c) regulating the carrying out of any work on the tramway;
(d) providing for the inspection, examination and testing of the tramway and
work being carried out thereon including—
(i) the control by the Secretary for Transport, of the employment by the company of any person or class of person, in connection with the carrying out of work on the tramway or, the maintenance and operation of the tramway and the imposition of duties on the company and on any such person or class of person for the purpose of such control;
(ii) the keeping by the company of records and logs;
(iii) the supply by the company, of information relating to the tramway; (iv) the display by the company, of notices relating to the tramway; and
(v) the reporting of accidents and investigations thereof;
(e) providing for the safety of persons using or being in the vicinity of, or
employed in the operation and maintenance of, the tramway; and
(ƒ) providing for the better carrying into effect of this Ordinance.
(2) Regulations made under this section may provide that a contravention of any specified provisions shall be an offence and may prescribe a penalty therefor not exceeding a fine of $50,000 and imprisonment for 2 years, and in the case of a con- tinuing offence, a further fine of $1,000 for each day on which the offence continues.
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