Amendments of the Safety Management Regulations2

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/EC6 of the European Parliament and of the Council on safety on the Community’s railways as amended by the Interoperability Directive, Directive 2008/110/EC7 of the European Parliament and of the Council on safety on the Community’s railways and Commission Directive 2009/149/EC8 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)9;

2

For regulation 16A substitute—

Maintenance of vehicles on the railway system16AA

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)”.