# The Railways (Interoperability) Regulations 2011, 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 , 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 ; and
(ii) had been assessed against the Rail Vehicle Accessibility Regulations 1998 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.

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Source: https://www.legislation.gov.uk/uksi/2011/3066/regulation/44 (the official version)
Page: https://openlegislation.uk/railways-interoperability-regulations-2011/regulation-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

