PART 7Supplementary
Deemed authorisation
44.—(1) Subject to paragraph (4), a vehicle to which this paragraph applies is deemed—
(a)to have been authorised under these Regulations; and
(b)to have been assessed against the requirements of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010(1), as notified national technical rules, for the purposes of that authorisation.
(2) Subject to paragraph (3), paragraph (1) applies to a vehicle which—
(a)is constructed or adapted to transport passengers; and
(b)was first brought into use after 31st December 1998 and before 1st August 2006; and
(c)is used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain.
(3) Paragraph (1) does not apply to—
(a)a vehicle to the extent that immediately before 7th July 2008 the vehicle—
(i)was authorised or treated as having been authorised under the Railways (Interoperability) Regulations 2006(2); and
(ii)had been assessed against the Rail Vehicle Accessibility Regulations 1998(3) as in force when the unit was assessed for that authorisation; or
(b)a vehicle which belongs to a class of vehicles first brought into use on or before 31st December 1998.
(4) The deeming provisions of paragraph (1) do not apply for the purposes of—
(a)regulation 45; and
(b)regulation 4(1) in so far as that regulation applies in relation to any upgrading or renewal of a vehicle to which paragraph (2) applies.
Accessibility for people with reduced mobility
45. No person is to use a vehicle in the provision of a service for the carriage of passengers on the trans-European rail system located in the United Kingdom on or after 1st January 2020 unless it has been constructed, renewed, upgraded or modified to comply with the technical standards, and is operated to comply with the operational standards, required by—
(a)the TSI relating to persons with reduced mobility set out in the Annex to Decision 2008/164/EC of the European Commission of 21st December 2007(4), or any amended version of it, or any TSI which replaces it;
(b)Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010;
(c)the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001; or
(d)the TSI, or amended version of it or TSI replacing it, referred to in paragraph (a) except to the extent that—
(i)the vehicle or its operation complies with the technical or operational standards required by the provisions referred to in paragraphs (b) or (c),
(ii)a derogation from part of it has been granted under regulation 14,
(iii)a determination that part of it does not apply has been made under regulation 13(8), and
(iv)a dispensation that part of it does not apply for the purposes of this regulation has been granted under regulation 46.
Dispensations
46.—(1) The Competent Authority may grant a conditional or unconditional dispensation from notified national technical rules for a particular case or description of case if the Competent Authority is satisfied that the dispensation is consistent with the essential requirements.
(2) If the Competent Authority has granted a dispensation that the Competent Authority considers has created for the purposes of Article 17(3) of the Directive a rule or restriction of a strictly local nature the Competent Authority must notify the relevant owner that the rule or restriction must be referred to in the infrastructure register.
(3) Paragraph (1) does not apply in relation to the requirements of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 or the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001.
(4) The Secretary of State may grant for a particular case or description of case a dispensation for the purposes of regulation 45(d)(iv).
Revocation and savings
47.—(1) The Railways (Interoperability) Regulations 2006, the Railways (Interoperability) (Amendment) Regulations 2007 and regulation 4 of the Rail Vehicle Accessibility (Interoperable Rail System) 2008(5) are revoked.
(2) Where immediately before the coming into force of these Regulations an appointment of a notified body had effect as an appointment under the Railways (Interoperability) Regulations 2006, it continues to have effect as if made as an appointment under regulation 31 of these Regulations for the period specified when appointed.
(3) Where, under the Railways (Interoperability) Regulations 2006, a structural subsystem has been authorised to be placed in service on the rail system, it is from the coming into force of these Regulations treated as authorised under these Regulations.
(4) Regulation 4(8), (9) and (9A) of the Railways (Interoperability) Regulations 2006 continue to have effect in relation to a contract made before the coming into force of these Regulations.
(5) A derogation in force immediately before the coming into force of these Regulations and granted by the Secretary of State in accordance with the High-Speed Directive or a derogation granted by the Competent Authority in accordance with the Conventional Directive is treated as a derogation granted under regulation 14 in accordance Article 9 of the Directive.
(6) Any person who immediately before the coming into force of these Regulations is the registration body designated under regulation 33(12) of the Railways (Interoperability) Regulations 2006 is treated on and from the coming into force of these Regulations as if the person was designated as the registration entity under regulation 36(11).
Amendments to legislation
48. The Schedule has effect.
Review
49.—(1) The Secretary of State must from time to time—
(a)carry out a review of these Regulations,
(b)set out the conclusions of the review in a report, and
(c)publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.
(3) The report must in particular—
(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations,
(b)assess the extent to which those objectives are achieved, and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.
S.I. 2006/397, as amended by S.I. 2007/3386. S.I. 2006/397 was also amended by the Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008 (S.I. 2008/1746), but as those amendments came into force on 7th July 2008 they are not relevant to paragraph (3)(a)(i). Regulation 40(6) of S.I. 2006/397 provides for authorisations under the Railways (Interoperability)(High-Speed) Regulations 2002 (2002/1166) to be treated as an authorisation under S.I. 2006/397. Consequently the reference in paragraph (3)(a)(i) to a unit being authorised under the Railways (Interoperability) Regulations 2006 does not include a unit deemed to be authorised by virtue of regulation 4A of those Regulations, but does include a unit that was previously authorised under the Railways (Interoperability)(High-Speed) Regulations 2002.
S.I. 1998/2456, amended by S.I. 2000/3215 and S.I. 2008/1746 and revoked by S.I. 2010/432.
O.J. No. L64, 7.3.08, p72.
S.I. 2006/397 was amended by S.I. 2007/3386 and by regulation 4 of S.I. 2008/1746