The Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption Order 2000

Statutory Instruments

2000 No. 6

DISABLED PERSONS

TRANSPORT

The Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption Order 2000

Made

6th January 2000

Laid before Parliament

10th January 2000

Coming into force

31st January 2000

The Secretary of State in exercise of the powers conferred on him by section 47 of the Disability Discrimination Act 1995(1), and of all other powers enabling him in that behalf, having consulted the Disabled Persons Transport Advisory Committee and such other persons as he considered appropriate in accordance with section 47(3) of the said Act, hereby makes the following Order:

1.  This Order may be cited as the Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption Order 2000 and shall come into force on 31st January 2000.

2.  Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998(2).

3.  This order applies to the rail vehicles which are numbered 2530 to 2553 of the class known as Bombardier class CR4000 (“the exempted vehicles”) as manufactured by Bombardier Prorail Limited for the provision of passenger services by Tramtrack Croydon Limited.

4.—(1) Subject to articles 5, 6, 7 and 8 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.

(2) The provisions with which the exempted vehicles are not required to conform are—

• regulation 4(2), but only in so far as it relates to the emission of warning sounds outside an exempted vehicle;

• regulation 4(3)(b);

• regulation 8(3);

• regulation 9(d)(i), but only in so far as it relates to a control on a horizontal handrail adjacent to a priority seat;

• regulation 9(g)

• regulation 13(5)(a) and (8);

• the remaining provisions of regulation 13, but only in so far as they relate to a public address system for visual announcements inside the passenger saloon of an exempted vehicle or to a public address system for audible announcements other than any such announcements required by regulation 13(5)(b), (c) and (d);

• regulation 16(1)(c); and

• regulation 19(4), but only in so far as the gradient of any slope of a vestibule floor adjoining a doorway in the side of an exempted vehicle exceeds five per cent but does not exceed six per cent.

5.—(1) The exemption given in respect of regulations 4(2) and (3)(b), 8(3) and 13, other than 13(5)(a) and (8), shall cease at the end of 31st December 2000.

(2) The exemption given in respect of regulation 9(g) shall cease at the end of 30th June 2000.

(3) The exemption given in respect of regulation 13(8) shall cease at the end of 1st July 2000.

(4) The exemption given in respect of regulation 16(1)(c) shall cease at the end of 31st December 2001.

6.—(1) The exemption given in respect of regulation 13(5)(a) shall apply in relation to any exempted vehicle only when it is used on any railway authorised by the Croydon Tramlink Act 1994(3).

(2) The exemption given in respect of regulation 9(d)(i) shall apply in relation to any particular control on a horizontal handrail in an exempted vehicle only if there is a control, the centre of which is within the height limits contained in regulation 9(d)(i), on the nearest vertical handrail to the priority seat in question.

7.—(1) The exemption given in respect of regulation 16(1)(c) shall cease if the operator of an exempted vehicle does not notify the Secretary of State in writing of any physical injury, which is suffered by a disabled person in a wheelchair while in a wheelchair space, within a period of seven days starting with the date on which that injury occurred.

(2) Where such an injury comes to the notice of the Secretary of State, if it is his opinion that conformity with regulation 16(1)(c) would have prevented that injury he may notify the operator of each exempted vehicle in writing that the exemption given in respect of regulation 16(1)(c) will cease three months after the date on which such notice is given.

8.  The authorisation given by article 4(1) above shall cease forthwith in respect of an exempted vehicle which is operated by a person other than Tram Operations Limited, unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Keith Hill

Parliamentary Under Secretary of State

Department of the Environment, Transport and the Regions

6th January 2000

Explanatory Note

(This note is not part of the Order)

This Order authorises the use of specified rail vehicles of Bombardier class CR4000, although they do not conform with certain requirements of the Rail Vehicle Accessibility Regulations 1998 because:

doorway warning sounds cannot be heard outside the vehicle;

• warnings are emitted whenever the passenger doors in the sides of vehicles are closed;

• the seat cushions of priority seats do not comply with the minimum width requirement;

• the request-stop controls on handrails beside priority seats are below the minimum required height above the floor;

• the “Stopping” signs are in capital letters only;

• the next stop is not announced while the tram is travelling to that stop;

• the external visual information system uses capital letters only;

• there is no internal visual information system;

• the internal audible information system will be used only to announce delays, diversions or emergencies;

• the wheelchair space does not have a structure or fitting to prevent a wheelchair moving or tipping;

• the floor adjacent to the wheelchair compatible doorway has a 6 per cent slope.

It sets time limits on the authorisation and imposes conditions.

(1)

1995 c. 50.

(2)

S.I. 1998/2456.

(3)

1994 c.xi.