2.—(1) Regulation 2(1) of the Safety Management Regulations is amended as follows—
(a)for the definition of “the Directive” insert—
““the Directive” means Directive 2004/49/EC(1) of the European Parliament and of the Council on safety on the Community’s railways as amended by the Interoperability Directive, Directive 2008/110/EC(2) of the European Parliament and of the Council on safety on the Community’s railways and Commission Directive 2009/149/EC(3) on Common Safety Indicators and common methods to calculate accident costs;”;
(b)after the definition of “infrastructure manager” insert—
““Interoperability Directive” means Directive 2008/57/EC of the European Parliament and of the Council of 17th June 2008 on the interoperability of the rail system within the Community (Recast)(4);”;
(2) For regulation 16A substitute—
16AA.—(1) No person may place in service or use a vehicle on the railway system unless that vehicle has an entity in charge of maintenance assigned to it, and that entity is registered as such in the National Vehicle Register.
(2) Each entity in charge of maintenance must ensure, by means of a system of maintenance, that a vehicle for which it is in charge of maintenance is in a safe state of running.
(3) The requirements for a system of maintenance referred to in paragraph (2) are that a vehicle must be maintained in accordance with—
(a)the maintenance file for the vehicle;
(b)applicable maintenance rules; and
(c)applicable TSIs.
(4) This Regulation does not apply to heritage vehicles”.
(3) In regulation 27 (Defence of due diligence), in paragraph (1), for “regulation 4(4)” substitute “regulation 4(4), or 16AA(2)”.
O.J. No.L164, 30.4.2004, p44.
O.J. No.L345, 23.12.2008, p62
O.J. No.L313, 28.11.2009, p65
O.J. No.L191, 18.7.2008, p1, as amended by Commission Directive 2009/131/EC (O.J. No.L273, 17.10.2009, p12)