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4.—(1) After 30th September 2006 no person shall operate a vehicle in relation to any infrastructure on a transport system other than the mainline railway unless—
(a)he has established and is maintaining a safety management system which meets the requirements set out in regulation 6; and
(b)subject to paragraph (3), he holds a current safety certificate in relation to the operation in question,
except to the extent that he is doing so within an engineering possession.
(2) After 30th September 2006 no person who is responsible for developing and maintaining infrastructure, other than a station, or who is responsible for managing and operating a station on a transport system other than the mainline railway shall manage and use it, or permit it to be used, for the operation of a vehicle unless—
(a)he has established and is maintaining a safety management system which meets the requirements set out in regulation 6; and
(b)subject to paragraph (3)–
(i)he holds a current safety authorisation in relation to the infrastructure in question; and
(ii)where he is using it or permitting such use, the person who is to use the infrastructure has complied with paragraph (1)(b).
(3) Paragraphs (1)(b) and (2)(b) shall not apply to the extent that the operation in question is only carried out—
(a)on a tramway; or
(b)on a transport system on no part of which there is a permitted maximum speed exceeding 40 kilometres per hour.
(4) Where the operation in question falls within paragraph (3)(a) or (b), the requirement in paragraphs (1)(a) and (2)(a) shall be read as if the date was, in each case, after 31st March 2007.
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