The Rail Vehicle Accessibility (C2C Class 357/0 Vehicles) Exemption Order 2001

Statutory Instruments

2001 No. 3955

DISABLED PERSONS

TRANSPORT

The Rail Vehicle Accessibility (C2C Class 357/0 Vehicles) Exemption Order 2001

Made

10th December 2001

Laid before Parliament

11th December 2001

Coming into force

1st January 2002

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 that Act, hereby makes the following Order:—

Citation and Commencement

1.  This Order may be cited as the Rail Vehicle Accessibility (C2C Class 357/0 Vehicles) Exemption Order 2001 and shall come in to force on 1st January 2002.

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).

Application

3.  This order applies to the rail vehicles which are numbered 67651 to 67696, 74051 to 74096, 74151 to 74196 and 67751 to 67796 and which form the multiple-units numbered 357001 to 357046 of the class known as ‘class 357/0’ (“the exempted vehicles”) as manufactured by ABB Daimler Benz Transportation (UK) Limited for use by LTS Rail Limited.

Exemption

4.—(1) Subject to articles 5 and 6 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—

(a) regulation 5(1)(a), in so far as it relates to control devices which control doors in the side of an exempted vehicle;

(b) regulation 5(3)(a) and (4), in so far as it relates to control devices which control doors in the ends of an exempted vehicle; and

(c) regulation 8(1) and (5).

5.—(1) The exemption given by article 4(2)(a) in respect of regulation 5(1)(a) shall cease at the end of 31st December 2010.

(2) The exemption given by article 4(2)(b) in respect of regulation 5(3)(a) and (4) shall cease at the end of 31st December 2011.

(3) The exemption given by article 4(2)(c) in respect of regulation 8(1) shall cease at the end of 31st December 2005.

(4) The exemption given by article 4(2)(c) in respect of regulation 8(5) shall cease at the end of 31st December 2002.

6.—(1) The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than C2C Rail Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.

Revocation

7.  The Rail Vehicle Accessibility (LTS Rail Class 357 Vehicles) Exemption Order 2000(3) is hereby revoked.

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

Sally Keeble

Parliamentary Under Secretary of State

Department for Transport, Local Government and the Regions

10th December 2001

Explanatory Note

(This note is not part of the Order)

This Order authorises the use of specified rail vehicles forming Class 357/0 multiple-units although they do not conform with provisions of the Rail Vehicle Accessibility Regulations 1998 (S.I. 1998/2456, amended by S.I. 2000/3215) because—

• passenger operation of some doors is by means of non-compliant beam-operated sensors;

• the door control devices for doors in the sides of the vehicles are positioned above the maximum permissible height; and

• the vehicles have neither the required minimum number of priority seats nor any tables at those priority seats they do have.

It sets time limits on the exemptions from those provisions and imposes a condition.

For reasons of clarity, this Order incorporates, to the extent that they are not spent, the provisions of the Rail Vehicle Accessibility (LTS Rail Class 357 Vehicles) Exemption Order 2000 (S.I. 2000/182) which is revoked.

This Order also reflects the change in name of the operator of the exempted vehicles from LTS Rail Limited to C2C Rail Limited.

(1)

1995 c. 50.

(2)

S.I. 1998/2456, as amended by S.I. 2000/3215.

(3)

S.I. 2000/182.