The Railway Safety Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations contain provisions with respect to the use of a train protection system, automatic warning system, data recorders, Mark I rolling stock and rolling stock with hinged doors. The Regulations apply to railway as defined in regulation 2(1).

The Regulations—

(a) Prohibit the operation of a train on a railway unless a train protection system as defined in regulation 2(1) is in service for that train and railway (regulation 3(1)).

(b) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme for the installation and the bringing into service of a train protection system has been approved by the Department and is being implemented (regulation 3(2)).

(c) Exclude specified railways from the prohibition referred to above if there is in service other equipment specified in the regulation (regulation 3(3)).

(d) Contain specified defences in respect of equipment which has been failed or been taken out of service because of a fault (regulation 3(4) and (5)).

(e) Require passengers to be detrained at the ‘first suitable station’ if a train’s train protection system becomes defective during a journey (regulation 3(6)).

(f) Prohibit the operation of a train on a railway unless an automatic warning system (as defined in regulation 4(1) is in service for that train and railway (regulation 4(2)).

(g) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme for the installation and the bringing into service of a train protection system has been approved by the Department and is being implemented (regulation 4(3)).

(h) Contain specified defences in respect of equipment which has failed or been taken out of service because of a fault (regulation 4(4)).

(i) Require passengers to be detrained at the ‘first suitable station’ if a train’s automatic warning system becomes defective during a journey (regulation 4(5)).

(j) Prohibit the operation of a train on a railway unless a suitable data recorder is installed for that train (regulation 5(1)).

(k) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme for the installation and bringing into use of suitable data recorders has been approved by the Department and is being implemented (regulation 5(2)).

(l) Prohibit the operation of Mark I rolling stock (as defined in regulation 2(1)),

(m) Provide that the prohibition above does not apply to any such stock which has been modified in a specified manner (regulation 6(3) and (4)),

(n) Exclude specified railways from the prohibition of Mark I rolling stock (regulation 6(1)).

(o) Prohibit the operation of rolling stock with hinged doors for use by passengers, except rolling stock exclusively operated other than for the carriage of fare paying passengers (regulation 7(1)).

(p) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme to have vehicles with hinged doors rebodied or to have central locking installed has been approved by the Department and is being implemented. (regulation 7 (3)).

(q) Empower the Department concerned to grant exemptions from the Regulations (regulation 8).

(r) Empower the Department to enforce the Regulations (regulation 9).

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction to a fine not exceeding the statutory maximum (currently £5,000 or, on conviction on indictment, to a fine.

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34EC of 22 June 1998 (O.J. No. L204, 21. 7/98, p37) as amended by European Parliament Council Directive 98/48 of 20 July 1998 (O.J. No. L217, 5.8.98, p18) laying down a procedure for the provision of information in the field of technical standards regulations and of rules on Information Society services.