2 Amendments of the Safety Management Regulations
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 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 of the European Parliament and of the Council on safety on the Community’s railways and Commission Directive 2009/149/EC on Common Safety Indicators and common methods to calculate accident costs;”

;
O.J. No.L164, 30.4.2004, p44.
O.J. No.L345, 23.12.2008, p62
O.J. No.L313, 28.11.2009, p65
(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);”

;
O.J. No.L191, 18.7.2008, p1, as amended by Commission Directive 2009/131/EC (O.J. No.L273, 17.10.2009, p12)
2 For regulation 16A substitute—

“16AA Maintenance of vehicles on the railway system
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)”.