SCHEDULES

SCHEDULE 20Rail vehicle accessibility: compliance

Rail vehicle accessibility compliance certificates

1

1

A regulated rail vehicle which is prescribed, or is of a prescribed class or description, must not be used for carriage unless a compliance certificate is in force for the vehicle.

2

A “compliance certificate” is a certificate that the Secretary of State is satisfied that the regulated rail vehicle conforms with the provisions of rail vehicle accessibility regulations with which it is required to conform.

3

A compliance certificate is subject to such conditions as are specified in it.

4

A compliance certificate may not be issued for a rail vehicle unless the Secretary of State has been provided with a report of a compliance assessment of the vehicle.

5

A “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

6

If a regulated rail vehicle is used for carriage in contravention of sub-paragraph (1), the Secretary of State may require the operator of the vehicle to pay a penalty.

7

The Secretary of State must review a decision not to issue a compliance certificate if before the end of the prescribed period the applicant—

a

asks the Secretary of State to review the decision, and

b

pays any fee fixed under paragraph 4.

8

For the purposes of the review, the Secretary of State must consider any representations made by the applicant in writing before the end of the prescribed period.