Paragraph 1

“Railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels and form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level), except that it does not include–

(a)

a tramway;

(b)

any part which runs along and at the same level as a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

(c)

any part where the permitted speed is such as to enable the driver to stop the train in the distance he can see ahead in clear weather conditions;

(d)

any part normally used other than for the carriage of fare paying passengers; or

(e)

such a system if on no part of it there is a line speed exceeding 25 miles per hour.