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Article 3 Authorised use of heritage or tourist rail vehicles

Original text. Later amendments are not shown.

(1)

A rail vehicle first brought into use before 1st January 1999 is authorised to be used for carriage as indicated in paragraph (2) even though—

(a)

it does not conform with the provisions of rail vehicle accessibility regulationsf1 with which it is required to conform, or

(b)

it is used otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which its use is required to conform,

but this is subject to paragraphs (3) and (4).

(2)

The authorisation under paragraph (1) applies to—

(a)

the use for carriage on a heritage or tourist network,

(b)

the use for carriage in a depot that forms part of a network to which the provisions of rail vehicle accessibility regulations apply and which is not a heritage or tourist network, and

(c)

the use for carriage on one or more networks—

(i)

to which the provisions of rail vehicle accessibility regulations apply; and

(ii)

which are not otherwise authorised by this article,

on not more than 20 traffic days in any calendar year.

(3)

The authorisation for use for carriage by virtue of paragraph (2)(a) or (b) applies only if the rail vehicle—

(a)

is used to demonstrate or operate a historical or special type of transport service; and

(b)

is used primarily for tourist, educational or recreational purposes.

(4)

The authorisation for use for carriage by virtue of paragraph (2)(c) applies only if—

(a)

it has been used for carriage in accordance with paragraphs (2)(a) or (b), and (3) at some time in the preceding twelve months,

(b)

it has been on display at a museum as an example or replica of a historical rail vehicle at some time in the preceding twelve months, or

(c)

it is a restored vehicle and arrangements are in place—

(i)

for the rail vehicle to be used in accordance with paragraphs (2)(a) or (b), and (3), or

(ii)

for it to be displayed at a museum as an example or replica of a historical rail vehicle, and

when it is used for carriage on the first of the 20 permitted traffic days in a calendar year it is being used for the first time after being restored.

Annotations

Footnotes

f1

“rail vehicle accessibility regulations” is defined in section 68(1) of the Disability Discrimination Act 1995.