Explanatory note

These Regulations revoke and replace the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001 (“the 2001 Regulations”) and set revised accessibility standards (i.e. standards designed to improve accessibility for disabled persons) for passenger vehicles used on the interoperable main rail system (mainline) in Northern Ireland.

The Regulations only apply in cases which are not covered by the rules of the Interoperability Directive 2008/57/EC, which sets out detailed parameters by way of Decision 2008/164/EC of the European Commission of 21st December 2007 (O.J. No. L 64, 7.3.08, p. 72) Technical Specifications for Interoperability relating to accessibility for Persons with Reduced Mobility (PRM TSI) vehicles first brought into use after 1st July 2008 as these are subject to European union accessibility standards which are set out in the Technical Specification for Interoperability relating to persons with reduced mobility (PRM TSI) which is annexed to Decision 2008/164/EC of the European Commission of 21st December 2007 (O.J. No. L 64, 7.3.08, p. 72). PRM TSI apply in the UK under the Railways (Interoperability) Regulations 2006 (S.I. 2006/397) which concern new, renewed and upgraded rolling stock. PRM TSI apply in the UK under the Railways (Interoperability) Regulations 2011 (S.I. 2011/3066). In the event that any of the older vehicles requires refurbishment, the decision whether this constitutes an upgrade or renewal (and therefore that the PRM TSI should apply) will be taken by the Contracting Entity and/or Competent Authority in line with Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), as for all other projects. The PRM TSI will therefore apply to all new rolling stock coming into service in Northern Ireland.

The accessibility standards are set out in Schedule 1. The standards in Part 1 of Schedule 1 must be complied with upon the coming into operation of these Regulations in relation to vehicles first used after 31st December 1998, subject to some provisos (including where an exemption has been granted by order) (regulation 3). The additional standards set out in Part 2 of Schedule 1 must be complied with in relation to rail vehicles to which regulation 3 applies if and to the extent provided for by regulation 3(4).

In relation to vehicles first used before 1st January 1999 (and certain other vehicles not subject to regulation 3) the standards in Part 1 of Schedule 1 must be complied with as and when, and to the extent that, before 1st January 2020 refurbishment work is carried out to them, subject to an overriding deadline for compliance of 1st January 2020 (unless an exemption has been granted by order) (regulation 4). The additional standards set out in Part 2 of Schedule 1 must be complied with in relation to such vehicles if and to the extent provided for by regulation 4(5).

An operator of a rail vehicle to which the Regulations apply is not to use it for the carriage of passengers without compliance with the regulations (regulation 5).

Provision is made for enforcement of the Regulations by the Health and Safety Executive for Northern Ireland using certain powers of the Health and Safety at Work (Northern Ireland) Order 1978, including the powers to appoint inspectors and for inspectors to serve improvement and prohibition notices and institute proceedings for their breach or other offences (regulation 6).

Although the 2001 Regulations are revoked, provision is made for this not to affect the operation of any exemption orders still in force at the coming into force of these Regulations. Any reference to the 2001 standards in such orders is to have effect as a reference to the equivalent standards in these Regulations (regulation 7).

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.