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The Railways (Interoperability) Regulations 2011

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Deemed authorisation

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44.—(1) Subject to paragraph (4), a vehicle to which this paragraph applies is deemed—

(a)to have been authorised under these Regulations; and

(b)to have been assessed against the requirements of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010(1), as notified national technical rules, for the purposes of that authorisation.

(2) Subject to paragraph (3), paragraph (1) applies to a vehicle which—

(a)is constructed or adapted to transport passengers; and

(b)was first brought into use after 31st December 1998 and before 1st August 2006; and

(c)is used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain.

(3) Paragraph (1) does not apply to—

(a)a vehicle to the extent that immediately before 7th July 2008 the vehicle—

(i)was authorised or treated as having been authorised under the Railways (Interoperability) Regulations 2006(2); and

(ii)had been assessed against the Rail Vehicle Accessibility Regulations 1998(3) as in force when the unit was assessed for that authorisation; or

(b)a vehicle which belongs to a class of vehicles first brought into use on or before 31st December 1998.

(4) The deeming provisions of paragraph (1) do not apply for the purposes of—

(a)regulation 45; and

(b)regulation 4(1) in so far as that regulation applies in relation to any upgrading or renewal of a vehicle to which paragraph (2) applies.

(2)

S.I. 2006/397, as amended by S.I. 2007/3386. S.I. 2006/397 was also amended by the Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008 (S.I. 2008/1746), but as those amendments came into force on 7th July 2008 they are not relevant to paragraph (3)(a)(i). Regulation 40(6) of S.I. 2006/397 provides for authorisations under the Railways (Interoperability)(High-Speed) Regulations 2002 (2002/1166) to be treated as an authorisation under S.I. 2006/397. Consequently the reference in paragraph (3)(a)(i) to a unit being authorised under the Railways (Interoperability) Regulations 2006 does not include a unit deemed to be authorised by virtue of regulation 4A of those Regulations, but does include a unit that was previously authorised under the Railways (Interoperability)(High-Speed) Regulations 2002.

(3)

S.I. 1998/2456, amended by S.I. 2000/3215 and S.I. 2008/1746 and revoked by S.I. 2010/432.

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