The Road Tunnel Safety (Amendment) Regulations 2009

Citation and commencement

1.  These Regulations may be cited as the Road Tunnel Safety (Amendment) Regulations 2009 and shall come into force on 20th February 2009.

Amendments to the Road Tunnel Safety Regulations 2007

2.  The Road Tunnel Safety Regulations 2007(1) are amended in accordance with these Regulations.

Interpretation etc.

3.  In regulation 2(2), omit “is set out”.

Duties of administrative authority

4.  In regulation 5, omit paragraph (2)(c).

Duties of the Tunnel Manager

5.  In regulation 9, for paragraph 9(3)(b) substitute—

“(3) (b) send the incident report to the administrative authority, the safety officer and such of the emergency services as are appropriate.”

Appointment of inspection entity

6.  In regulation 12, omit paragraph (3).

Duties of inspection entity

7.  In regulation 13, for paragraphs (1) to (3) substitute—

“(1) In order to verify whether the road tunnel for which it is the inspection entity complies with the provisions of these Regulations, the inspection entity shall carry out in relation to the road tunnel the following inspections, examinations and tests—

(a) a thorough visual inspection of the fabric of the road tunnel;

(b) a thorough visual inspection of the mechanical and electrical equipment of the road tunnel;

(c) a detailed examination of all the accessible parts of the road tunnel; and

(d) a detailed examination and test of the mechanical and electrical equipment of the road tunnel.

(2) The inspections, examinations and tests referred to in paragraph (1) shall be carried out at the following intervals—

(a) an inspection under paragraph (1)(a), within two years of these Regulations coming into force, or within two years of the road tunnel coming into operation, whichever is the later, and thereafter every two years;

(b) an inspection under paragraph (1)(b) annually;

(c) an examination under paragraph (1)(c), within six years of these Regulations coming into force, or within six years of the road tunnel coming into operation, whichever is the later and thereafter every six years and;

(d) an examination and test under paragraph (1)(d) within three years of these Regulations coming into force, or within three years of the road tunnel coming into operation, whichever is the later, and thereafter every three years.

(3) The inspection entity shall compile a report containing details of all inspections and examinations and tests carried out under this regulation and shall forward that report to the administrative authority, tunnel manager and safety officer.”

Road Tunnels already in operation

8.  In regulation 15(7) for “1st October 2006” substitute “1st October 2010”.

Application of Regulations where the same person undertakes functions of different authorities

9.  In regulation 20, for paragraph (1) substitute—

“20.— (1) Where these Regulations impose on one of the authorities specified in paragraph (2) any obligation to send information or documentation to another such authority, and the same person acts as both authorities, that person shall instead ensure that a complete set of records is maintained in relation to each role.”

Signing for tunnels

10.—(1) In the Schedule, for the second column of paragraph 2.3.4 substitute—

“Lane signal

The signs shown in diagrams 5001.1, 5001.2, 5003, 5003.1, 5005 and 5005.1 in Schedule 10 to the TSRGD shall be used for lane signals.”

Signed by the authority of the Secretary of State for Transport

Paul Clark

Parliamentary Under Secretary of State

18th January 2009

Department for Transport