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Interpretation

2.—(1) In these Regulations—

“approved” means approved for the time being in writing;

“buffer stop” means a buffer stop at the end of a passenger platform;

“the Department” means the Department for Regional Development;

“emergency crossover” means a connection between two railway tracks to enable trains to change tracks and which is used—

(a)

in an emergency, or

(b)

to enable engineering work to be carried out, in accordance with special procedures established by the infrastructure controller;

“excessive speed” in relation to—

(a)

an approach to a stop signal means such speed as would prevent the train from stopping at that signal,

(b)

an approach to part of the railway where there is a speed restriction, means such speed as would prevent the restriction from being complied with when the train enters that part, and for the purposes of this sub-paragraph a speed restriction shall be treated as being complied with if the speed of the train does not exceed the total of the permitted speed and such additional speed as may be approved by the Department for the purpose of this sub-paragraph;

“infrastructure controller” means a person who controls railway infrastructure;

“line speed” means the highest of the permitted speeds on the railway concerned;

“Mark 1 rolling stock” means rolling stock which has a structural underframe which provides its own longitudinal strength and has a passenger compartment created on the underframe which relies mainly on the underframe for its longitudinal strength;

“permitted speed” means the maximum speed permitted on the part of the railway concerned;

“railway” means a system of transport employing parallel rails which—

(a)

provide support and guidance for vehicles carried on flanged wheels, and

(b)

form a track which is of a gauge of at least 350 millimetres,

except that it does not include—

(a)

any part which is located within a maintenance or goods depot, or

(b)

such a system if on no part of it there is a line speed exceeding 25 miles per hour;

“railway infrastructure” means fixed assets used for the operation of a railway including its permanent way, plant used for signalling and stations;

“relevant approach” means an approach to a stop signal referred to in sub-paragraph (a)(i) of the definition of “train protection system” in this regulation except where a train travelling at the maximum speed it could attain on that approach would be stopped within the distance between the signal and the point where it could collide with another train by reason of the train protection system installed at the stop signal;

“rolling stock” means any carriage, wagon or other vehicle used on track and includes a locomotive;

“SAT” means the signal tool assessment developed and owned by Network Rail, used to assess the risk from train collision at signals protecting railway junctions in Great Britain and adapted for use in relation to railways in Northern Ireland;

“significant risk” means the level of risk in relation to train protection and advanced warning system fitment and means those stop signals identified using the SAT methodology which cumulatively scores to less than 80% of the total train protection and advanced warning system mitigable risk and at not less than 80% of the maximum train protection and advanced warning system safety benefit;

“suitable station” means a railway passenger station or terminal;

“speed restriction” means a permitted speed other than the line speed;

“stop signal” means a signal conveying to the driver of the train an instruction that he should stop the train except that it does not include—

(a)

a signal provided for shunting purposes only;

(b)

a hand signal; or

(c)

a buffer stop;

“temporary speed restriction” means a speed restriction which is in place for no longer than 3 months and used in accordance with special procedures established by the infrastructure controller;

“train” means

(a)

two or more items of rolling stock coupled together, at least one of which is a locomotive; or

(b)

a locomotive not coupled to any other rolling stock;

except that it does not include track maintenance vehicles.

“train protection system” means equipment which—

(a)

causes the brakes of the train to apply automatically if the train—

(i)

passes without authority a stop signal, which has been assessed to contribute significant risk, such passing of which could cause the train to collide with another train, or

(ii)

travels at excessive speed on a relevant approach

(b)

is installed so as to operate at every stop signal referred to in sub-paragraph (a), and at an appropriate place on every relevant approach.

(2) Nothing in these Regulations shall require equipment referred to in sub-paragraphs (a) and (b) of the definition of a train protection system to function in relation to a temporary speed restriction, and accordingly any reference in these Regulations to the permitted speed in relation to such equipment is, in a case where a temporary speed restriction is in place, a reference to the permitted speed which normally applies on that part of the line concerned.

(3) Any reference in these Regulations to a person operating a train or rolling stock is a reference to the person operating a train or rolling stock for the time being in the course of a business or other undertaking carried on by him (whether for profit or not), but it does not include a self-employed person by reason only that he himself drives or otherwise controls the movement of a train.

(4) Any reference in these Regulations, except regulation 4, to a train colliding with another train does not include a reference to a train colliding with the rear of another train travelling in the same direction on the same track.