Paragraph 3 Amendment to the Railway Safety Regulations 1999

(1)

The Railway Safety Regulations 1999 M1 shall be amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

for the definition of “infrastructure controller” substitute—

““infrastructure controller” means a person who controls railway infrastructure;”;

(ii)

after the definition of “railway” insert—

““railway infrastructure” means fixed assets used for the operation of a railway including its permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway, but it does not include a station;”;

(iii)

after the definition of “speed restriction” insert—

““station” means a railway passenger station or terminal, but does not include any permanent way or plant used for signalling or exclusively for supplying electricity for operational purposes to the railway;”; and

(b)

after paragraph (4) add—

“(4A)
Any reference in these Regulations to a person who controls railway infrastructure is a reference to a person who—
(a)
in the course of a business or other undertaking carried on by him (whether for profit or not);
(b)
is in operational control of that infrastructure,
except that where such control is for the time being exercised by a person undertaking maintenance, repair or alteration work on the infrastructure, it is a reference to a person who would be in operational control of the infrastructure if such work were not being undertaken.”.

(3)

In paragraph 2 to the Schedule (meaning of railway), for the definition of “tramway” substitute—

““tramway” means a system of transport used wholly or mainly for the carriage of passengers—
(a)
which employs parallel rails which—
(i)
provide support and guidance for vehicles carried on flanged wheels; and
(ii)
are laid wholly or partly along a road or in any other place to which the public has access (including a place to which the public only has access on making payment); and
(b)
on any part of which the permitted speed is such as to enable the driver to stop a vehicle in the distance he can see to be clear ahead;”.

Annotations

Marginal citations

M1: S.I. 1999/2244, as amended by S.I. 2000/2688 and 2001/3291.