The Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994

Requirement for approval

4.—(1) Subject to the following provisions of these Regulations, the approval of the Secretary of State shall be obtained before—

(a) any new works; plant or equipment; or

(b) any altered works, plant or equipment,

which are capable of materially affecting the safe operation of a relevant transport system, are first brought into use for the purposes of that system.

(2) Approval shall not be required in relation to any vehicle to the extent that the vehicle is required to comply—

(a) with the provisions of section 24 of the Channel Tunnel Act 1987(1) (approval of trains); or

(b) when it is not operating in one of the modes prescribed by regulation 3 or because it is a vehicle operating on a trolley vehicle system, with the provisions of the Road Traffic Act 1988(2) with respect to the design, construction, equipment and use of vehicles and vehicle parts.

(3) Subject to paragraph (4), new works, plant and equipment or altered works, plant and equipment shall be treated as first brought into use at the time when they are first used for the purposes of the provision of a transport service.

(4) In ascertaining the time when any new works, plant or equipment or altered works, plant or equipment are first brought into use, subject to any requirement of the Secretary of State under regulation 11(1), no regard shall be had to any period during which such new works, plant or equipment or such altered works, plant or equipment are—

(a) necessarily used in order to avoid interruption to the operation of existing transport services before sufficient information is available for a decision to be made on an application for approval; or

(b) with the prior written consent of the Secretary of State used for the purposes of—

(i) any testing or trials, provided that the testing or trials are conducted in accordance with the terms of such consent; or

(ii) obtaining information to prove their satisfactory performance in connection with an application for approval.

(1)

1987 c. 53.

(2)

1988 c. 52.