Xenophon PCDGS
Veteran Member
There are countless references to railway byelaws, but going back earlier in time, are there still any byelaws concerning turnpikes and canals that carry as much weight in their validity in law these days?
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Transport-related byelaws.
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DaleCooper
Established Member
I think water bailiffs have legal powers, does that include fishery bailiffs?
British Waterways - canal byelaws. These are what I could find http://www.britishwaterways.co.uk/freedom-of-information/legal
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Regarding Turnpike Byelaws, I would presume they were replaced, or at least amended by the various Highway Acts eg 1835 or 1980. Be interesting to know if turnpike legislation is replicated for those roads or bridges etc on the national road network that are used by paying a toll!
John Webb
John Webb
Like the Tyne Tunnels (as in the motor vehicle tunnels)?
DaveNewcastle
Established Member
Other agencies are empowered to create and enforce Byelaws. These include Local Authorities, Harbourmasters, and many Trusts, including the RSPCA (and in addition, agencies such as the Environment Agency and H&SE will bring about private prosecutions where they deem it appropriate).
For Canals, see British Waterways Board Byelaws (now the Canals & Rivers Trust) here: http://www.britishwaterways.co.uk/media/documents/foi/legal/BW_General_Canal_Bye-laws.pdf. These authorise penalties in the form of fines and where a violation has occured in England or Wales, can be brought forward as a Criminal Prosecution in a Magistrates Court.
For Harbours, see: The HARBOURS, DOCKS and PIERS CLAUSES ACT, 1847 (10 Vic., c.27)
Many Harbourmasters have gone far beyond the scope of that permission, and have led to concerns raised by the Royal Yachting Association (RYA).
See also:
R.Y.A. - National Directions Panel
Guidance – Code of Conduct on Harbour Directions – Nov 2013
Additionally, any authority regulating moorings on a waterway (a 'navigation authority' within the meaning of the Water Resources Act) may bring about their own Regulations or Byelaws to regulate persons and vessels at their moorings, and these will be in addition to any British Waterways Byelaws (now Canal & Rivers Trust - CRT) or Harbour Byelaws which apply at those places. There is some uncertainty about the authority of the CRT to impose penalties, but they can remove overstaying vessels under powers granted by the British Waterways Act (it is reported that CRT prosecution can lead to a Recordable Offence, though I am unclear whether these would be Offences related to the Waterways).
On Rivers (such as the Thames), the moorings, fees and penalties are managed by the Environment Agency.
Activities at airports are subject to the Aviation and Maritime Security Act 1990 as well as Byelaws.
Road access to other defence sites (operated by the MoD) is subject to MoD Byelaws.
There are a small number of private roads, some operated by statutory bodies and some in private ownership, some of which are regulated by Byelaws capable of imposing fines and enforceable through the Courts. There is no necessary reason why such private roads would have to be toll roads. There are also a few public highways with Byelaws - these are historic structures which form public highways. Since the tolls were abolished on the Forth Road Bridge near Edinburgh, the Byelaws regulating traffic on that road have been specifically re-affirmed in statute (the 2013 Forth Road Bridge Act).
In law, historic turnpikes still exist in the form of privately owned structures. Whether any of these are subject to Byelaws I don't know.
For Canals, see British Waterways Board Byelaws (now the Canals & Rivers Trust) here: http://www.britishwaterways.co.uk/media/documents/foi/legal/BW_General_Canal_Bye-laws.pdf. These authorise penalties in the form of fines and where a violation has occured in England or Wales, can be brought forward as a Criminal Prosecution in a Magistrates Court.
For Harbours, see: The HARBOURS, DOCKS and PIERS CLAUSES ACT, 1847 (10 Vic., c.27)
"By the above Act it is enacted, inter alia, that:-
Under Section 52: The Harbour Master may give directions for all or any of the following purposes: (that is to say):
For regulating the time at which and the manner in which any vessel shall enter into, go out of, or lie in or at the harbour, dock or pier and within the prescribed limits, if any, and its position, mooring or unmooring, placing, and removing, whilst therein: etc. etc."
Failure to comply with a harbour direction is a criminal offence.Under Section 52: The Harbour Master may give directions for all or any of the following purposes: (that is to say):
For regulating the time at which and the manner in which any vessel shall enter into, go out of, or lie in or at the harbour, dock or pier and within the prescribed limits, if any, and its position, mooring or unmooring, placing, and removing, whilst therein: etc. etc."
Many Harbourmasters have gone far beyond the scope of that permission, and have led to concerns raised by the Royal Yachting Association (RYA).
See also:
R.Y.A. - National Directions Panel
Guidance – Code of Conduct on Harbour Directions – Nov 2013
6. Port User Groups and the Dispute Resolution Process
6.1 The Code includes the following provisions in relation to PUGs:
“Any Harbour Authority using Harbour Direction powers under the Act should set up a Port Users Group etc.
etc.
7 Enforcement
7.1 Contravention of a harbour direction is a criminal offence that, on summary conviction before the Magistrates’ Court, may result in a fine not exceeding level 4 (currently set at £2,500).
7.2 As with other possible offences, investigation of possible offences including interviewing of persons involved must be undertaken in accordance with the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice. et.c etc.
See Richards & anor v Pembrokeshire County Council [2004] EWCA Civ 1000 in which the scope of the Harbourmaster’s authority was challenged in the Supreme Court following extensions to car parking regulations in the town of Tenby which had been brought about by the Harbourmaster.6.1 The Code includes the following provisions in relation to PUGs:
“Any Harbour Authority using Harbour Direction powers under the Act should set up a Port Users Group etc.
etc.
7 Enforcement
7.1 Contravention of a harbour direction is a criminal offence that, on summary conviction before the Magistrates’ Court, may result in a fine not exceeding level 4 (currently set at £2,500).
7.2 As with other possible offences, investigation of possible offences including interviewing of persons involved must be undertaken in accordance with the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice. et.c etc.
Additionally, any authority regulating moorings on a waterway (a 'navigation authority' within the meaning of the Water Resources Act) may bring about their own Regulations or Byelaws to regulate persons and vessels at their moorings, and these will be in addition to any British Waterways Byelaws (now Canal & Rivers Trust - CRT) or Harbour Byelaws which apply at those places. There is some uncertainty about the authority of the CRT to impose penalties, but they can remove overstaying vessels under powers granted by the British Waterways Act (it is reported that CRT prosecution can lead to a Recordable Offence, though I am unclear whether these would be Offences related to the Waterways).
On Rivers (such as the Thames), the moorings, fees and penalties are managed by the Environment Agency.
Activities at airports are subject to the Aviation and Maritime Security Act 1990 as well as Byelaws.
Road access to other defence sites (operated by the MoD) is subject to MoD Byelaws.
There are a small number of private roads, some operated by statutory bodies and some in private ownership, some of which are regulated by Byelaws capable of imposing fines and enforceable through the Courts. There is no necessary reason why such private roads would have to be toll roads. There are also a few public highways with Byelaws - these are historic structures which form public highways. Since the tolls were abolished on the Forth Road Bridge near Edinburgh, the Byelaws regulating traffic on that road have been specifically re-affirmed in statute (the 2013 Forth Road Bridge Act).
In law, historic turnpikes still exist in the form of privately owned structures. Whether any of these are subject to Byelaws I don't know.
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