The Railways (Interoperability) Regulations 2011

PART 5 U.K. Registers

Register of infrastructure U.K.

35.—(1) An owner of infrastructure must keep a register of its infrastructure or procure that the register is kept.

(2) The owner must ensure that in relation to its infrastructure—

(a) the infrastructure register is maintained in accordance with the infrastructure specifications, subject to the transitional arrangements set out in [F1 Article 3 of the specifications Regulation];

(b) refer in the infrastructure register to any rules or restrictions that have been notified to the owner in accordance with regulation 46(2); and

(c) the infrastructure register is available on [F2 request by an applicant for authorisation under these Regulations, or by an approved body].

[F3 (2A) The owner must make the information requested under paragraph (2)(c) available within 28 days of receiving the request.]

(3) In this regulation—

(a) “infrastructure” means any structural subsystem within the scope of the infrastructure specifications;

[F4 (b) “the infrastructure specifications”, means the specifications set out in the Annex to the specifications [F5 Regulation]; and

[F6 (c) “the specifications Regulation” means Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of infrastructure and repealing Implementing Decision 2014/880/EU.]]

Textual Amendments

F1 Words in reg. 35(2)(a) substituted (10.4.2020) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(a), 2(2)(a)

F2 Words in reg. 35(2)(c) substituted (31.12.2020) by S.I. 2019/345, reg. 2(41A)(a) (as inserted by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(9))

F3 Reg. 35(2A) inserted by S.I. 2019/345, reg. 2(41A)(b) (as inserted) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(9))

F4 Reg. 35(3)(b)(c) substituted (8.1.2016) by The Railways (Interoperability) (Amendment) Regulations 2015 (S.I. 2015/2022), regs. 1, 2(4)

F5 Word in reg. 35(3)(b) substituted (10.4.2020) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(a), 2(2)(b)(i)

F6 Reg. 35(3)(c) substituted (10.4.2020) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(a), 2(2)(b)(ii)

National vehicle register U.K.

36.—(1) This regulation applies to a vehicle for which there is an authorisation under these Regulations for it to be placed in service.

(2) If the Safety Authority issues an authorisation, the person who applied for the authorisation must apply to the registration entity for it to assign a European vehicle number before the vehicle is placed in service.

(3) The registration entity must assign a unique alphanumeric identification code (a “European vehicle number”) to each vehicle for which an application is made and maintain a register of vehicles (“National Vehicle Register”).

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any person who places in service a vehicle must ensure it is marked with the European vehicle number assigned to it.

(6) The person who applied for the authorisation must, no later than 14 days after the date of authorisation, provide particulars to the registration entity to enable the registration entity to enter the information on the National Vehicle Register that is necessary to conform to the common specifications referred to in paragraph (7), and such further information as the registration entity may reasonably require.

(7) In respect of particulars provided under paragraph (6) the registration entity must ensure that the National Vehicle Register conforms to the common specifications as set out in the Annex to Commission Decision 2007/756/EC M1 as amended from time to time.

(8) Where there is a material change to any of the particulars provided under paragraph (6) or to any of the particulars provided under regulation 33(7) or (10) of the Railways (Interoperability) Regulations 2006 M2 , the owner of the vehicle must ensure that the registration entity is given the particulars of the change and the registration entity must alter the National Vehicle Register accordingly.

[F8 (9) Where a vehicle is also registered in an EU Member State the registration entity may notify the entity responsible for the national vehicle register in that EU Member State of any relevant changes to the National Vehicle Register.]

(10) The registration entity must make the National Vehicle Register available for inspection—

[F9 (a) by the Safety Authority or the Rail Accident Investigation Branch;]

(b) in response to a reasonable request by—

[F10 (i) the Office of Rail and Road, DFI, the Intergovernmental Commission, or any EU regulatory body designated in accordance with relevant EU law,]

[F11 (ii) the European Union Agency for Railways]

(iii) railway undertakings;

(iv) infrastructure managers;F12 ...

(v) owners of project subsystems [F13 ; or

(vi) the national body or bodies responsible for railway safety in the country where the project subsystem is used.]

(11) In Great Britain the Secretary of State and in Northern Ireland the [F14 DFI] must designate a person, who must be independent of any railway undertaking, to be the registration entity from time to time; and different persons may be designated to maintain the register in different parts of the United Kingdom.

Textual Amendments

F7 Reg. 36(4) omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Reg. 36(9) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 36(10)(a) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Reg. 36(10)(b)(i) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F11 Reg. 36(10)(b)(ii) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in reg. 36(10)(b)(iv) omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(c)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F13 Reg. 36(10)(b)(vi) and word inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(c)(ii)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in reg. 36(11) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(42)(d); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 O.J. No. L 305, 23.11.2007, p30, as amended by Commission Decision 2011/107/EU (O.J. No. L43, 17.2.2011, p33).

M2 S.I. 2006/397, as amended by S.I. 2007/3386 and by regulation 4 of S.I. 2008/1746.