Citation and commencement

1. This Order may be cited as the Rail Vehicle Accessibility (Networks) Exemption Order 2010 and comes into force on the fifteenth day after the day on which it is made.

Interpretation

2. In this Order–

"fairground equipment" means–

"heritage or tourist network" means a network named or described in the Schedule or within the grounds of a place named or described in the Schedule;

"mine" has the same meaning as in section 180 of the Mines and Quarries Act 1954(5);

"network" means any permanent way or other means of guiding or supporting rail vehicles(6) or any section of it;

"quarry" has the same meaning as in regulation 3 of the Quarries Regulations 1999(7);

"traffic day" means a period of 24 hours starting at 3am.

Authorised use of heritage or tourist rail vehicles

3.–(1) A rail vehicle first brought into use before 1st January 1999 is authorised to be used for carriage as indicated in paragraph (2) even though–

(a) it does not conform with the provisions of rail vehicle accessibility regulations(8) with which it is required to conform, or

(b) it is used otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which its use is required to conform,

but this is subject to paragraphs (3) and (4).

(2) The authorisation under paragraph (1) applies to–

(a) the use for carriage on a heritage or tourist network,

(b) the use for carriage in a depot that forms part of a network to which the provisions of rail vehicle accessibility regulations apply and which is not a heritage or tourist network, and

(c) the use for carriage on one or more networks–

(i) to which the provisions of rail vehicle accessibility regulations apply; and

(ii) which are not otherwise authorised by this article,

on not more than 20 traffic days in any calendar year.

(3) The authorisation for use for carriage by virtue of paragraph (2)(a) or (b) applies only if the rail vehicle–

(a) is used to demonstrate or operate a historical or special type of transport service; and

(b) is used primarily for tourist, educational or recreational purposes.

(4) The authorisation for use for carriage by virtue of paragraph (2)(c) applies only if–

(a) it has been used for carriage in accordance with paragraphs (2)(a) or (b), and (3) at some time in the preceding twelve months,

(b) it has been on display at a museum as an example or replica of a historical rail vehicle at some time in the preceding twelve months, or

(c) it is a restored vehicle and arrangements are in place–

(i) for the rail vehicle to be used in accordance with paragraphs (2)(a) or (b), and (3), or

(ii) for it to be displayed at a museum as an example or replica of a historical rail vehicle, and

when it is used for carriage on the first of the 20 permitted traffic days in a calendar year it is being used for the first time after being restored.

Authorised use of rail vehicles on a miscellaneous network

4.–(1) A rail vehicle is authorised to be used for carriage as indicated in paragraph (2) even though–

(a) it does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform, or

(b) it is used otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which its use is required to conform,

but this is subject to paragraph (4).

(2) The authorisation under paragraph (1) applies to–

(a) the use for carriage on a network described in paragraph (3) ("a miscellaneous network"), and

(b) the use for carriage on one or more networks–

(i) to which the provisions of rail vehicle accessibility regulations apply; and

(ii) which are not miscellaneous networks,

on not more than 20 traffic days in any calendar year.

(3) A miscellaneous network is a network which–

(a) is situated entirely on premises used for the purposes of an industrial undertaking or an undertaking engaged in the generation of electricity;

(b) forms part of a mine or quarry;

(c) is used solely in connection with the carrying out of any engineering or building works;

(d) is situated entirely within an establishment which is intended to be used solely for the purposes of the armed forces of the United Kingdom or visiting armed forces or the Ministry of Defence;

(e) is situated entirely within the grounds of a dwelling house and is not connected to any other network; or

(f) is used as or as part of any fairground equipment.

(4) The authorisation for use for carriage by virtue of paragraph (2)(b) applies only if it has been used for carriage in accordance with paragraph (2)(a) some time in the preceding twelve months.

Article 2

SCHEDULE Heritage or Tourist Networks

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises the use of rail vehicles-

(i) on networks named or described in the Schedule to the Order (article 3);

(ii) in depots forming part of networks not named in the Schedule for tourist, educational or recreational purposes (article 3); and

(iii) on networks indicated in article 4(3), such as a network in the grounds of a dwelling house,

even though the rail vehicles or their use is not in conformity with provisions of rail accessibility regulations made under section 46(1) of the Disability Discrimination Act 1995 (c.50).

It also authorises each rail vehicle to be used on networks not otherwise covered by the Order during no more than 20 traffic days per calendar year (traffic days being as defined in article 2).

The authorisations are subject to conditions (see articles 3(3) and (4) and 4(4)). The authorisation to use rail vehicles on networks named or described in the Schedule or in depots only applies to rail vehicles first brought into use before 1st January 1999.

An impact assessment has not been produced for this instrument because no additional cost on business, charities or voluntary bodies is foreseen and the impact on the public sector is negligible.