SCHEDULES

SCHEDULE 20Rail vehicle accessibility: compliance

6Penalty for using rail vehicle otherwise than in conformity with accessibility regulations

1

If the Secretary of State thinks that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which the use of the vehicle is required to conform, the Secretary of State may give the operator of the vehicle a notice—

a

identifying the provision and how it was breached;

b

identifying each vehicle operated by the operator that is covered by the notice;

c

specifying the improvement deadline.

2

The improvement deadline may not be earlier than the end of the prescribed period beginning with the day the notice is given.

3

Sub-paragraph (4) applies if—

a

the Secretary of State has given a notice under sub-paragraph (1),

b

the improvement deadline specified in the notice has passed, and

c

the Secretary of State thinks that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.

4

The Secretary of State may give the operator a further notice—

a

identifying the provision and how it was breached;

b

identifying each vehicle operated by the operator that is covered by the further notice;

c

specifying the final deadline.

5

The final deadline may not be earlier than the end of the prescribed period beginning with the day the further notice is given.

6

The Secretary of State may require the operator to pay a penalty if—

a

the Secretary of State has given notice under sub-paragraph (4), and

b

a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice.