# The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013, Note: Explanatory note (This note is not part of the Regulations) These Regulations amend the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (the “Rail Safety Regulations”). They also make other minor amendments to the Heath and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (the “Enforcing Authority Regulations”) and the Train Driving Licences and Certificates Regulations 2010 (the “Driver Licensing Regulations”). Regulation 2(1) and (2) amends the Enforcing Authority Regulations to give inspectors from the Office of Rail Regulation jurisdiction to enter and undertake enforcement in respect of maintenance performed on railway vehicles in certain premises not otherwise within their remit. These are premises such as warehouses and factories which are used for such maintenance by the entity in charge of maintenance of those vehicles under the Rail Safety Regulations. Regulation 2(3) further amends the Enforcing Authority Regulations so as to require the Secretary of State to review the Enforcing Authority Regulations within the period of five years of these Regulations coming into force and during each successive five year period and to publish a report on each such review. Regulation 3 amends the Rail Safety Regulations. Regulation 3(2) introduces certain new definitions into the Rail Safety Regulations and amends some existing definitions. Regulation 3(3) inserts a new regulation 2A into the Rail Safety Regulations which gives the Office of Rail Regulation the power to determine that a railway does not form part of the mainline railway for the purposes of the Rail Safety Regulations and to determine that heritage vehicles that operate over the mainline railway are deemed not to so operate for the purposes of those Regulations. This (together with the revised definition of “mainline railway” inserted into regulation 2(1) by Regulation 3(2)(f)) means that any such railway or vehicle in respect of which such a determination is made is not subject to the requirements of the Rail Safety Regulations in relation to mainline railways or vehicles operating on such railways. These measures apply the exclusions from scope permitted under Article 2 of Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (the “Railway Safety Directive”) (OJ No L164 30.4.2004, p.44). New Regulation 2A(5) requires the Office of Rail Regulation to maintain and publish a list of railways and heritage vehicles subject to such determinations by the Office of Rail Regulation. Regulations 3(4), (5) and (15) revoke the requirement in the Rail Safety Regulations for train operators on the mainline railway to carry out a safety verification procedure in relation to new or altered vehicles, since an equivalent requirement has been introduced by Commission Regulation (EC) 352/2009 on the adoption of a common safety method on risk evaluation and assessment as referred to in Article 6(3)(a) of Directive 2004/49/EC of the European Parliament and of the Council (OJ No L108, 29.4.2009, p.4). Regulation 3(6) amends Regulation 17 of the Rail Safety Regulations so as to shorten the period during which the Office of Rail Regulation is required to notify decisions in relation to applications under those regulations for the issue or amendment of safety certificates or safety authorisations. Regulation 3(7) amends Regulation 18A of the Rail Safety Regulations. Pursuant to Regulation 18A, no person may place a vehicle in service on a mainline railway or use it on that railway unless the vehicle has had assigned to it an entity in charge of maintenance. Regulation 3(7) amends Regulation 18A to further provide that where the vehicle in question is a freight wagon the entity in charge of maintenance must hold a certificate (an “ECM Certificate”) issued in accordance with Commission Regulation (EU) No 445/2011 on a system of certification of entities in charge of maintenance for freight wagons and amending Regulation (EC) No 653/2007 (the “ECM Regulation”). This meets a requirement of article 14a(4) of the Railway Safety Directive, as inserted by Directive 2008/110/EC of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community’s railways (OJ No L345, 23.12.2008, p.62) and as read with and supplemented by Commission Regulation (EU) No 445/2011. Regulation 3(8) revokes the requirement in Regulation 20 of the Rail Safety Regulations for train operators operating on railway that does not form part of the mainline railway to send annual safety reports to the Office of Rail Regulation. Regulation 3(10) clarifies that controllers of safety-critical work for the purposes of Regulation 24 of the Rail Safety Regulations must have “suitable and sufficient” arrangements in place to monitor the competence and fitness of a person to carry out safety critical work. Regulation 3(11) amends Regulation 27 of the Rail Safety Regulations to allow appeals to the Secretary of State against decisions of the Office of Rail Regulation or other bodies relating to ECM certificates. Regulation 3(14) clarifies the meaning of certain aspects of Schedule 3 (common safety indicators) of the Rail Safety Regulations. Certain spent transitional provisions in the Rail Safety Regulations are revoked and consequential amendments are made by Regulations 3(2)(b), (9), (12), (13) and (16). Regulation 4 amends the Driver Licensing Regulations: to clarify the meaning of “in code form”; to stop the Driver Licensing Regulations from applying in respect of vehicles which the Office of Rail Regulation has determined, under Regulation 2A of the Railways Safety Regulations, shall be deemed not to operate on the mainline railway; and to require the Secretary of State to review the Driver Licensing Regulations within the period of five years after these Regulations come into force and during each successive five year period after that and to publish a report on each such review. A copy of the impact assessment prepared in respect of these Regulations can be obtained from the Office of Rail Regulation, One Kemble Street, London WC2B 4AN. A copy has been placed in the library of each House of Parliament. --- Source: https://www.legislation.gov.uk/uksi/2013/950/note (the official version) Page: https://openlegislation.uk/railways-and-other-guided-transport-systems-miscellaneous-amendments-regulations-2013/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.