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USING THE TOLL BRIDGE

Whitney Bridge whilst privately owned is a Public Highway with Tolls

Whilst the Toll Bridge and onramps (from Bridge Cottage driveway, Clifford to the New Toll Bridge Cottage boundary line, Whitney-on-Wye) are privately owned, the complete section of road from the B4350 to the A438 is a "...Public Highway forever... with Tolls" under the 1780 Act 20 Geo. III Cap. XXVII entitled “An Act for building a Bridge across the River Wye, between Whitney and Clifford, in the County of Hereford” and also under the 1797 Act 37 Geo. III Cap. LVI entitled “An Act to amend an Act made in the twentieth Year of the Reign of His present Majesty, for building a Bridge across the River Wye, between Whitney and Clifford, in the County of Hereford."  

 

Whilst these statutes may be very old they are still current and legally binding for the Whitney Bridge owners and the public at large!

Road Traffic Act 1988 and the Highways Code and the Toll Bridge

The Toll Bridge and its feeder roads (called on ramps and access roads) are Public Highway and therefore are subject to the Road Traffic Act 1988 and the Highways Code. Other statutes are enforced for the Toll Bridge because of its specific design. It has been designated as a "Weak Bridge" which means it has a weight restriction set by the Herefordshire County Council under “The Herefordshire County Council, (Road Restriction) (No.2) Order, 1953” or “HCC (RR)(2) 1953” and in accordance with mandated restriction the Toll Bridge, all public highways leading to the Bridge are signposted with 7.5 tonne maximum gross weight signage as per Statutory Instrument 2016 No. 36 ROAD TRAFFIC - The Traffic Signs Regulations and General Directions 2016.  This means strictly 7.5 tonnes maximum gross weight!

TOLL FEES

ACTS OF PARLIAMENT 

The Act of 1780 enacted toll charges of no specific amount, and the Act of 1797 amended the Act of 1780 to a specific toll charges and amendments to the fee schedule is through Statutory Instruments specifically the The Whitney-on-Wye Bridge (Revision of Tolls) Order (year - the revision is conducted).

 

 

The 1780 Act states that each person or persons crossing is to pay just once a day and can cross as many times between midnight to midnight. The current automated system provides the driver with a non-transferable ticket for that vehicle only. That vehicle may pass through the barrier without further charge until 23:59 on that same day. 

 

SCHEDULE of TOLL CHARGES

 All toll charge fee levels are set by Parliament and by By the Secretary of State for Transport.

PENALTIES 

TERMS AND CONDITIONS as of 14th of May 2024

  1. PREAMBLE: The Owners (hereon in known as 'owners,' 'managers,' 'authorised persons,' 'trustees,' 'employee,' 'appointed persons,' 'we,' and or 'us') being the rightful holders of all titles and deeds, hereby give notice that we are the trustees, managers, operators and maintainers of The Whitney Bridge (also known as Whitney Toll Bridge and the Bridge at Whitney) publish these terms and conditions for the use of the The Toll Bridge at Whitney-on-Wye. Moreover, we assert that that any such usage can only be done so in accordance with and subject to the following statutory regulations: the 1780 Act 20 Geo. III Cap. XXVII entitled “An Act for building a Bridge across the River Wye, between Whitney and Clifford, in the County of Hereford,” the 1797 Act 37 Geo. III Cap. LVI entitled “An Act to amend an Act made in the twentieth Year of the Reign of His present Majesty, for building a Bridge across the River Wye, between Whitney and Clifford, in the County of Hereford,"  the Whitney-on-Wye Bridge (Revision of Tolls) Order 2015, the Road Traffic Act (1988), the Highway Code, the Herefordshire County Council, (Road Restriction) (No.2) Order, 1953, and any  or all other applicable statute or order national or local relevant to the use of Public Highways Furthermore, the following terms and conditions apply to all Toll Bridge users, whether lawful or otherwise, including pedestrians (both able-bodied or assisted), drivers, cyclists, equine riders, farm animals with drovers, motorcycles (2 or 3 wheels, with or without a sidecar), motor vehicles (of any description) with or without something in tow, and any passengers in or on any of the aforementioned. From this point forward, all such individuals and entities will be referred to in these terms and conditions as ‘person’ or ‘persons,’ ‘user’ or ‘users.’ 

  2. THESE TERMS AND CONDITIONS: replace any previously published terms and conditions and any other procedural governance document.

  3. WHAT IS MEANT BY 'USE': Definitions for the terms ‘use,’ ‘using,’ ‘cross,’ and ‘crossing’ within these terms and conditions refer to the act of accessing by any means, any part of the land, roads, buildings, structures, or bridges that are within the curtilages and boundaries of Whitney Bridge as outlined in the titles and deeds held by the UK Land Registry.

  4. WHAT IS MEANT BY BRIDGE: henceforth the 'Bridge' or 'bridge' in these terms and conditions means the Bridge spanning the River Wye known as the Whitney Bridge in its entirety and includes but is not limited to the following;

    1. The superstructureDeck Planks, beam, beams and all joinery​. Rails, bump barriers, posts. Walls, stone and brick. Road wood and bitumenWalk way. Concrete view deck adjacent Toll Bridge Cottage. Conduits, cabling and pipework. Beams and Girders Wooden​, metal and stone arches Trusses Wood and metal. 

    2. The Substructure​: Abutments Stone, wood and metal. Piers (plinths)​​​ Stone and concrete. Foundations​ Piles, footings and bedrock.

    3. All Land (both above and below river level), roads, driveways, pavements, footpaths, kerbs, fences (wood, metal and stone), hedges, gates, turnstiles, verges, retaining walls, hard standings, gardens, buildings, bridges, gabions, decks, and any fixed and or moveable structures within the boundaries or curtilages that are as set out in any or all titles and deeds held by the Land Registry Office and specifically mentioning but not limited to
      1. Toll Bridge Cottage building with porch in its entirety and access stairs and ramp including all components that make up the building externally and internally, and all fixtures and fittings.

      2. Toll Bridge Flood Barrier Wall and all components comprising.

      3. Toll Bridge Automated Kiosks known as  Kiosk 1, Kiosk 2, Kiosk 3 and all components comprising.

      4. Toll Bridge Automated Kiosks Crash Barriers North side and South side  and all components comprising.​​

      5. Toll Bridge Original Western Gate Post

      6. Toll Bridge Barrier Box and Boom Arm and all components comprising.

      7. Traffic Lights and all components comprising.

      8. CCTV Cameras and all components comprising.

      9. Traffic Signage and all components comprising.

      10. B4350 Public Highway that runs through the land and or over structures within the boundaries and curtilages that are set out in the any titles and deeds held by the Land Registry office.

      11. Toll Bridge Office Building and ablutions block in its entirety and access stairs including all components that make up the building externally and internally, and all fixtures and fittings.

      12. Whitney Bridge Disabled Fishing platform and all components comprising.

      13. Whitney Bridge Gabion, River Access Stairs and Slip Ramp and all components comprising.

      14. Whitney Lodges and Glamping Pods in their entirety with decks and access stairs including all components that make up the building externally and internally, and all fixtures and fittings.

      15. Whitney Bridge Site Road and Access Gates and all components comprising.

  5. PUBLIC HIGHWAY: the road  (B4350) that is crossing the property, Bridge,  and onramps are a PUBLIC HIGHWAY with toll fees payable. The Whitney Toll Bridge is a "Public highway forever" with the right to charge a toll fees in accordance with Act of 1780 Act 20 Geo. III Cap. XXVII entitled "An Act for building a Bridge across the River Wye, between Whitney and Clifford, in the County of Hereford", and the 1797 Act 37 Geo. III Cap. LVI entitled “An Act to amend an Act made in the twentieth Year of the Reign of His present Majesty, for building a Bridge across the River Wye, between Whitney and Clifford, in the County of Hereford."  

  6. TOLL PAYMENTS: All scheduled toll applicable vehicles using the Whitney Toll Bridge are subject to a toll fee in accordance with schedule contained under the The Whitney-on-Wye Bridge (Revision of Tolls) Order (2015).

  7. TOLL AVOIDANCE IS A CRIME under the Act of 1780. The failure to pay a toll fee, to hinder an employee in the exercise of the their toll collection duties, damaging property to avoid paying toll fees, or by way of any action to cause or enable another person or persons to avoid paying toll fees are all CRIMINAL OFFENCES under the Act of 1780 and will face PROSECUTION in the Crown Court of Herefordshire

  8. ROAD TRAFFIC REGULATIONS Any Bridge user must adhere to the The Road Traffic Act (1988) and the Highway Code  specifically all signage that has been posted in accordance with The Traffic Signs Regulations and General Directions 2016 . The Road Traffic Act (1988) and the Highways Code are in operation at all times. Specifically the traffic control measures (traffic lights) and all legally enforceable road signage, that is displayed in accordance with The Road Traffic Act C.52 Part 1 Section 36 - Directions to traffic and to pedestrians and traffic signs.

  9.  

    SPECIFIC RESTRICIONS OF NOTE​ 

    1. 5 MPH - the signposted speed limit is set to 5 miles per hour​ on the Bridge.

    2. 7.5 Tonne Maximum Gross Weight & WEAK BRIDGE - the signposted weight limit is a STRICT 7.5 tonne maximum gross weight. Weight restrictions are in accordance with The Herefordshire County Council, (Roads Restrictions) (No.2) Order, 1953 as sign posted on B4350 at regular intervals and on the A438. We have successfully and will continue to prosecute any person who disregards the weight limit. This is a paramount safety issue and we will ensure the safety of persons using the Bridge. Penalties of up to £1000 plus will forward to driver information and CCTV evidence to Herefordshire Police. This is a TS70 Undefined failure to comply with a traffic direction sign which has penalises the driver for a monetary value and 3 demerit points.

    3. ONLY ONE VEHICLE AT A TIME (ON THE BRIDGE), please note that additional drivers on being on the Bridge may be in breach of the 7.5 tonne maximum gross weight limit, and as consequence can be issued with a penalty of upto £1000 pounds plus if reported to the Herefordshire Police it is a TS70 Undefined failure to comply with a traffic direction sign which has penalises the driver for a monetary value and 3 demerit points.

    4.  TRAFFIC LIGHTS.  Traffic control measures such a traffic lights are in place on the public highway. These serve a two fold purpose. Firstly, ensuring that that only one vehicle at a time is on the Bridge. Secondly it provides priority to southbound traffic coming from the A438 towards Clifford.  Traffic signals must be obeyed as on any public highway. The failure to obey traffic signals is a breach of the Road Traffic Act 2016. Penalties apply. Details will be passed on to Herefordshire Police with CCTV footage. Current fine is approximately a £100 and 3 demerit points.

  10. HOURS OF OPERATION: The bridge operates 24 hours a day. Persons are granted access at any time but must adhere to all terms and conditions. The toll fee is only valid until midnight on the same day. A person traversing the Bridge before midnight and returning after midnight will have to pay another toll.

  11. RIGHT OF REFUSAL: We reserve the right to refuse access to the Bridge, the highway and or to any part of the property to any person or persons be they natural or bodies corporate, who's:

    1. mode of transport may pose a significant risk to life and or property,

    2. actions may be interpreted as putting the safety of other persons or property at risk, and or

    3. actions repeatedly breach the Acts of 1780 and 1797, the Road Traffic Act (1988), The Highways Code any or other applicable national or local statutes or orders, and or these terms and conditions.

    4. Where a right of refusal is exercised under 7.3, it will

      1. be given verbally in the initially, 

      2. will be followed up in writing.

      3. We will then apply through the Herefordshire Crown Courts for an injunction to be placed upon the person or persons with the intent to restraining them from accessing or using the bridge in any manner.

  12. VERBAL OR PHYSCIAL THREAT OR ABUSE: We, our management, employees, volunteers, business partners, and or lessees within Whitney Toll Bridge have the right to work, operate, or conduct business in a safe environment. We will report and will prosecute to the full extent of the law any verbal or physical threats or abuse. Where such abuse relates to the exercise of Whitney Toll Bridge's collection of statutory tolls under the Act of 1780 and 1797 we will exercise our statutory rights under those Acts by taking legal action with the Crown Court of Herefordshire to seek the maximum penalty under law.  

  13. BRIDGE USE DISCLAIMER: Person or persons lawfully or otherwise using the bridge accept full responsibility for their own safety and their belongings. The owners assumes no responsibility for any incidents, harm, or losses sustained on the bridge, except in cases where legal obligations dictate otherwise. 

  14. USER DAMAGES AND LOST TOLL BRIDGE FEE INCOME: if any person or persons through any act or by any action (including theft) that causes damage to any part of the Bridge (see Bridge definition in point 4 above), whether such damage is by way of commission or by way of omission, whether the damage was done wilfully or occurred accidentally, whether CCTV evidence shows intention or unintentionality, or through negligence of other person or persons, the user causing the damage will be fully and entirely responsible for all costs for repair, replacement, and or making good any and all the damage. Moreover, if such damage causes a loss of income from toll fees the user causing the damage will be fully responsible for all such losses until such time that the owners can recommence taking tolls. Furthermore, under the Act 1780 there are provisions for those causing wilful damage that make it a criminal offence. 

  15. USERS INSURANCE it is the Bridge users sole responsibility to have the appropriate insurances relating to using the Bridge.

  16. OWNERS INSURANCE the owners warrant that they hold all necessary insurances relating to Bridge and operation of the Bridge.

  17. PARKING: parking areas within the curtilage and boundaries of the Whitney Toll Bridge site is strictly allocated by the owners. There is no access to parking for Toll Bridge users. This includes:

    1. On ramps from Clifford side of the Toll Bridge (from the property boundary  onwards),

    2. On the Bridge,

    3. On the ramp on the A438 side of the Bridge,

    4. The access road from A438

    5. In front of any gates,

    6. In the carpark at Toll Bridge Cottage, unless for short term for Toll Bridge business.

  18. RIGHT OF CLOSURE: We will exercise our right to close the Bridge for maintenance and or for safety inspections: The Users are advised to check for updates before using the bridge.

  19. PROHIBITED ACTIVITIES: The following activities are prohibited within the curtilage of Whitney Toll Bridge:

    1. Littering, fly tipping, and fossicking (including magnet fishing), 

    2. Stopping or parking vehicles (unless in an emergency),

    3. Obstructing traffic or interfering the safe passage of persons.

    4. Any form of vandalism or damage to the bridge structure,

    5. Use of the bridge for any illegal activities,

    6. Hanging, diving or jumping off or from the bridge, and

    7. Fishing from the bridge

    8. Throwing objects from the bridge

    9. Climbing on the bridge or plinths.

  20. EMERGENCIES: In case of an emergency the relevant emergency services should be contacted and if necessary the local authorities, and the owners or managers. In the unlikely event of an emergency all persons MUST follow any lawful instructions provided by bridge personnel.

  21. PENALTIES: By using the Bridge,  the user accept that these terms and conditions include the levying of penalties for breaching these terms and conditions. Failure to adhere to these terms may result in penalties and or legal action being taken.

  22. AMMENDMENTS: Whitney Toll Bridge reserves the right to alter or amend these terms and conditions without notice and at anytime. These terms and conditions will be amended from time to time. Persons using the bridge are advised to review them regularly.

  23. FEEDBACK AND COMPLAINTS: Any feedback or complaints relating to the use of the Toll Bridge or access roads should be made in writing to the Toll Master of Whitney Toll Bridge or their designated representative. Contact details can be found here.

  24. TOLL FEE PAYMENTS ISSUING OF TICKETS AND PASSES

    1. Lost daily tickets are the sole responsibility of person who purchased it. It is incumbent on the person who holds the ticket to notify the Toll Master or representative immediately on loss, so that the daily can be removed from the system. Failure to notify will mean the person who purchased the ticket is entirely responsible for any additional charges or penalties associated with the use of the daily ticket. 

    2. Bulk Crossing Ticket

      1. A bulk crossing ticket provides for a discount on multiple purchases. THERE IS NO REQUIREMENT under the Act of 1780 to provide any discount on toll fees or charges. These are discretionary discounts provided as a service to the local community and such benefits can be wholly withdrawn, or can be removed from a person at any time, and without notice!

      2. A bulk crossing ticket is the only ticket that can be shared. As any vehicle not being the registered vehicle will have one token deducted for each day of use. For example the if the registered user passes the toll barrier on a given day and someone else uses the ticket manually in the machine on the same day, then 2 tokens will be deducted.

      3. It is important to note then that the loss of of a bulk crossing ticket means that any other non registered person can use it. 

      4. Lost bulk crossing tickets are the sole responsibility of person who purchased it. It is incumbent on the person who holds the ticket to notify the Toll Master or representative immediately on loss, so that the ticket can be removed from the system. Failure to notify will mean the person who purchased the ticket is entirely responsible for any additional charges or penalties associated with the use of the daily ticket and the loss of the bulk tokens will not be refunded.

    3.  Season Passes

      1. Season Passes are heavily discounted annual passes. They operate from the 6th April to the 5th of April the following year. They are charged on a yearly basis or part thereof.  THERE IS NO REQUIREMENT under the Act of 1780 to provide any discount on toll fees or charges. These are discretionary discounts provided as a special service to the local community in Clifford and Whitney-on-Wye and such benefit can be wholly withdrawn or can be removed from any user at any time, and without notice!

      2. A SEASON PASS is STRICTLY NON-TRANSFERABLE. It is only ever issued to 1 vehicle and 1 vehicle only. The number plate is recorded against the Season Pass. The passing, loaning of a Season Pass or leaving it somewhere for use by other persons is a criminal offence under the Act of 1780 and it is person who holds the season pass who is liable for prosecution as well as the those persons who have used it.  

      3. All crossings with season pass are digitally recorded when the pass is tapped along with registration plate of the vehicle. CCTV also records 24 hours a day 365 days a year. 

      4. If an audit of a Season Pass crossings show that there have been crossings with different vehicle registrations plates, the person holding the season pass will be contacted. They will need to pay the full toll fee for those crossings, plus an administration fee of £20 per hour or part there of,  for the administrative time it takes to process.  We unequivocally reserve the right to remove the season pass from the user and from our database. Refunding the balance less all charges to the person. It is at our liberty whether we seek criminal prosecution against the season pass holder and any or all of those vehicle registrations that avoided paying toll fees. We may seek a Crown Court injunction to restrain person or person from accessing the Bridge.

      5. To clarify any form of ticket or season pass is only ever issued to one vehicle and one vehicle only, they are not issued to a person, persons corporate, or a household but just to one vehicle as recorded in our database.

  25. A Daily Ticket is non transferable. It is only ever issued to 1 vehicle for the remainder of the day. The number plate is recorded against the ticket number. The passing of the ticket or leaving it in the machine for use by other persons is a criminal offence under the Act of 1780 and it is the person who first purchased the ticket who is liable for prosecution.

     

  26. CCTV and Data Protection:

    1. CCTV Operation: CCTV is used:

      1. primarily for the safety and security of all Bridge users and the Bridge,

      2. as deterrent and for prevention of crime,

      3. to ensure compliance with Acts, Statutes, and Orders, and

      4. compliance with these terms and conditions.

    2. Our CCTV cameras operate on and around the Bridge 24 hours a day, 365 days a year.

    3. Data Collection and Storage: Footage captured by the CCTV cameras is stored securely and is only accessed by authorised personnel for legitimate purposes, such as monitoring safety, investigating incidents, or ensuring compliance.

    4. GDPR Compliance: All personal data captured, including CCTV footage, is handled and stored in compliance with the General Data Protection Regulation (2018). This means:

      1. Data is processed lawfully, fairly, and transparently.

      2. Data is collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

      3. Data is kept accurate and up to date.

      4. Data is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.

      5. Data is processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

      6. Access to Data: Individuals have the right to request access to any personal data held about them, including CCTV footage, in accordance with GDPR. Requests should be made in writing to the management.

    5. Data Breaches: In the unlikely event of a data breach, affected individuals will be notified as per GDPR regulations.

  27. ACCEPTANCE: a person's use (see definition of use point 3) of the Bridge (see definition of Bridge point 4) means they have been deemed to have agreed to abide by these terms and conditions in their entirety.

  28. NON ACCEPTANCE If a person does not wish to accept these terms and conditions, they should notify us in writing to tollmaster@whitneybridge.com or writing to the details here. They can sign a voluntary non use form to say they waive their rights to access the Bridge. Bulk Crossing and season pass holders who decline these terms can receive a refund of the amount that is due from the they day of receipt of the notification. Such withdrawal does not invalidate these terms and conditions prior to notification. All payment and penalties will be due. Please note that any person who does not accept the terms will not be permitted to use the Whitney Toll Bridge and their vehicle(s) will be put on a blacklist which will not allow crossing through the barrier. We will also hold the person to conditions of the waiver of non use of the Bridge. 

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Terms and Conditions
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