Regulation 44 Deemed authorisation

(1)

Subject to paragraph (4), a vehicle to which this paragraph applies is deemed—

(a)

to have been authorised under these Regulations; and

(b)

to have been assessed against the requirements of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 M1, as notified national technical rules, for the purposes of that authorisation.

(2)

Subject to paragraph (3), paragraph (1) applies to a vehicle which—

(a)

is constructed or adapted to transport passengers; and

(b)

was first brought into use after 31st December 1998 and before 1st August 2006; and

(c)

is used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain.

(3)

Paragraph (1) does not apply to—

(a)

a vehicle to the extent that immediately before 7th July 2008 the vehicle—

(i)

was authorised or treated as having been authorised under the Railways (Interoperability) Regulations 2006 M2; and

(ii)

had been assessed against the Rail Vehicle Accessibility Regulations 1998 M3 as in force when the unit was assessed for that authorisation; or

(b)

a vehicle which belongs to a class of vehicles first brought into use on or before 31stDecember 1998.

(4)

The deeming provisions of paragraph (1) do not apply for the purposes of—

(a)

regulation 45; and

(b)

regulation 4(1) in so far as that regulation applies in relation to any upgrading or renewal of a vehicle to which paragraph (2) applies.

Annotations

Marginal citations

M1: S.I. 2010/432.
M2: S.I. 2006/397, as amended by S.I. 2007/3386. S.I. 2006/397 was also amended by the Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008 (S.I. 2008/1746), but as those amendments came into force on 7th July 2008 they are not relevant to paragraph (3)(a)(i). Regulation 40(6) of S.I. 2006/397 provides for authorisations under the Railways (Interoperability)(High-Speed) Regulations 2002 (2002/1166) to be treated as an authorisation under S.I. 2006/397. Consequently the reference in paragraph (3)(a)(i) to a unit being authorised under the Railways (Interoperability) Regulations 2006 does not include a unit deemed to be authorised by virtue of regulation 4A of those Regulations, but does include a unit that was previously authorised under the Railways (Interoperability)(High-Speed) Regulations 2002.
M3: S.I. 1998/2456, amended by S.I. 2000/3215 and S.I. 2008/1746 and revoked by S.I. 2010/432.