Part 12Disabled persons: transport
Chapter 3Rail vehicles
182Rail vehicle accessibility regulations
1
The Secretary of State may make regulations (in this Chapter referred to as “rail vehicle accessibility regulations”) for securing that it is possible for disabled persons—
a
to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;
b
to do so while in wheelchairs;
c
to travel in such vehicles in safety and reasonable comfort;
d
to do so while in wheelchairs.
2
The regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to—
a
the fitting of equipment to vehicles;
b
equipment to be carried by vehicles;
c
the design of equipment to be fitted to, or carried by, vehicles;
d
the use of equipment fitted to, or carried by, vehicles;
e
the toilet facilities to be provided in vehicles;
f
the location and floor area of the wheelchair accommodation to be provided in vehicles;
g
assistance to be given to disabled persons.
3
The regulations may contain different provision—
a
as respects different classes or descriptions of rail vehicle;
b
as respects the same class or description of rail vehicle in different circumstances;
c
as respects different networks.
4
In this section—
“network” means any permanent way or other means of guiding or supporting rail vehicles, or any section of it;
“rail vehicle” means a vehicle constructed or adapted to carry passengers on a railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the F2trans-European rail system located in Great Britain;
“regulated rail vehicle” means a rail vehicle to which provisions of rail vehicle accessibility regulations are expressed to apply.
5
In subsection (4)—
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“prescribed system” means a system using a mode of guided transport (“guided transport” having the same meaning as in the Transport and Works Act 1992) that is specified in rail vehicle accessibility regulations;
“railway” and “tramway” have the same meaning as in the Transport and Works Act 1992.
F4“trans-European rail system” has the meaning given in regulation 2(1) of the Railways (Interoperability) Regulations 2011
6
The Secretary of State must exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1 January 2020 every rail vehicle is a regulated rail vehicle.
7
Subsection (6) does not affect subsection (3), section 183(1) or section 207(4)(a).
8
Before making regulations under subsection (1) or section 183, the Secretary of State must consult—
a
the Disabled Persons Transport Advisory Committee, and
b
such other representative organisations as the Secretary of State thinks fit.
183Exemptions from rail vehicle accessibility regulations
1
The Secretary of State may by order (an “exemption order”)—
a
authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform;
b
authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform.
2
Authority under subsection (1)(a) or (b) may be for—
a
a regulated rail vehicle that is specified or of a specified description,
b
use in specified circumstances of a regulated rail vehicle, or
c
use in specified circumstances of a regulated rail vehicle that is specified or of a specified description.
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4
After consulting the Disabled Persons Transport Advisory Committee and such other persons as the Secretary of State thinks appropriate, the Secretary of State may—
a
make an exemption order in the terms of the application for the order;
b
make an exemption order in such other terms as the Secretary of State thinks appropriate;
c
refuse to make an exemption order.
5
The Secretary of State may make an exemption order subject to such conditions and restrictions as are specified.
6
“Specified” means specified in an exemption order.
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Section 207(2) does not require an exemption order to be made by statutory instrument; but such an order is as capable of being amended or revoked as an order made by statutory instrument.
F5184Procedure for making exemption orders
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185Annual report on exemption orders
1
After the end of each calendar year the Secretary of State must prepare a report on—
a
the exercise in that year of the power to make orders under section 183(1);
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2
A report under subsection (1) must (in particular) contain—
a
details of each order made under section 183(1) in the year in question;
b
details of consultation carried out under F7section 183(4) in connection with orders made in that year under section 183(1).
3
The Secretary of State must lay before Parliament each report prepared under this section.
186Rail vehicle accessibility: compliance
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187Interpretation
1
In this Chapter—
“rail vehicle” and “regulated rail vehicle” have the meaning given in section 182(4);
“rail vehicle accessibility regulations” has the meaning given in section 182(1).
2
For the purposes of this Chapter a vehicle is used “for carriage” if it is used for the carriage of passengers.