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Regulation 4 Rail vehicles first used, or belonging to a class first used, before 1st January 1999

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), this regulation applies to a rail vehicle first brought into use—

(a)

before 1st January 1999;

(b)

after 31st December 1998 which belongs to a class of rail vehicle first brought into use before 1st January 1999; or

(c)

after 31st December 1998 which is constructed or adapted to carry passengers on a railway and which does not conform with the requirements of Part 1 of Schedule 1 when these Regulations come into operation.

(2)

This regulation does not apply to a rail vehicle which belongs to a class of rail vehicle first brought into use after 1st July 2008.

(3)

Subject to paragraphs (4) and (8), where after 28th April 2014 and before 1st January 2020 any refurbishment work described in column (2) of the table in Schedule 3 is carried out to a rail vehicle to which this regulation applies, the requirements of Part 1 of Schedule 1, which are indicated in column (3) of that table opposite the description of that work, apply in relation to that work.

(4)

Paragraph (3) does not apply to refurbishment work which—

(a)

only comprises like for like replacement;

(b)

is required to be carried out by a contract in writing entered into before 28th April 2014; or

(c)

is carried out in-house by the operator pursuant to an arrangement made in writing before 28th April 2014.

(5)

Subject to paragraph (8), on and after 1st January 2020 the requirements of Part 1 of Schedule 1 apply in relation to a rail vehicle to which this regulation applies.

(6)

Subject to paragraphs (7) and (8), where after 28th April 2014 any refurbishment work described in column (2) of the table in Schedule 4 is carried out to a rail vehicle to which this regulation applies, the requirements of Part 2 of Schedule 1, which are indicated in column (3) of that table opposite the description of that work, apply in relation to that work.

(7)

Paragraph (6) does not apply to refurbishment work which—

(a)

only comprises like for like replacement;

(b)

is required to be carried out by a contract in writing entered into before 28th April 2014; or

(c)

is carried out in-house by the operator pursuant to an arrangement made in writing before 28th April 2014.

(8)

Paragraphs (2), (5) and (6) are subject to any exemption order which applies to the rail vehicle.