The Road Tunnel Safety Regulations 2007

Derogations for innovative techniques

19.—(1) The Tunnel Manager may at any time during the design, construction or operation of a road tunnel make a request in writing to the administrative authority for a derogation from the requirements of these Regulations in relation to the—

(a) installation and use of innovative safety equipment; or

(b) use of innovative safety procedures,

which provide an equivalent or higher level of protection than current technologies as prescribed in these Regulations.

(2) A request made pursuant to paragraph (1) shall be accompanied by the following information—

(a) a description of the road tunnel in relation to which the derogation is sought including a description of any physical or operational features relevant to the request;

(b) a description of the proposed procedure or equipment;

(c) an explanation of why the proposed procedures or equipment are innovative;

(d) a description, and where appropriate a demonstration, of—

(i) how the proposed procedure or equipment will provide equivalent or higher level of protection than the procedures or equipment required by these Regulations, and

(ii) why the procedures or equipment required by these Regulations cannot or should not be used in the road tunnel; and

(e) a written report prepared by the inspection entity setting out its opinion of the request and stating whether or not the proposed procedure or equipment will provide an equivalent or higher level of protection than that provided by the procedures or equipment prescribed by these Regulations.

(3) If the administrative authority considers that the information provided by the Tunnel Manager with a request made under paragraph (1) is insufficient to enable it to make a decision the administrative authority shall notify the Tunnel Manager in writing of the additional information it requires in order to make that decision.

(4) On receiving a notification under paragraph (3) the Tunnel Manager shall provide the administrative authority with such of the additional information specified in that notification as the Tunnel Manager is reasonably able to supply and, where any of that additional information so specified is not provided, a written explanation as to why the Tunnel Manager is unable to provide it.

(5) If the administrative authority considers that the use or installation of the proposed innovative safety equipment or the use of the proposed innovative safety procedures will not provide equivalent or higher level of protection to users of the road tunnel it shall refuse the request.

(6) If the administrative authority decides that the request for a derogation should not be granted it shall give the Tunnel Manager reasons for that decision in writing.

(7) If the administrative authority decides that a derogation should, subject to the view of the Commission, be granted it shall forward the request made and information sent under paragraphs (1) (2) and (4) to the Secretary of State.

(8) The Secretary of State shall forward the information sent under paragraph (7) to the Commission within one month of receiving that information.

(9) On receipt of confirmation from the Commission that in relation to the request made under this regulation—

(a) no objection has been made to the Commission under Article 14 of the Road Tunnel Directive, or an objection has been made to the Commission under Article 14 of the Road Tunnel Directive, and following the procedure prescribed by that Article, a positive decision has been made by the Article 17 committee, the Secretary of State shall notify the administrative authority that it may grant the request made under paragraph (1); or

(b) an objection has been made to the Commission under Article 14 of the Road Tunnel Directive and, following the procedure prescribed by that Article, a negative decision has been made by the Article 17 committee, the Secretary of State shall notify the administrative authority that it may not grant the request made under paragraph (1).

(10) The administrative authority shall notify the Tunnel Manager, within 2 weeks of receipt of the confirmation set out in paragraph (9) whether the request made under paragraph (1) has been granted or refused.

(11) For the purpose of this regulation—

(a) “innovative” in relation to safety equipment and safety procedures means safety equipment or safety procedures that are not provided for in these Regulations; and

(b) “Article 17 Committee” means the Committee set up pursuant to Article 17 of the Road Tunnel Directive.