Explanatory note

These Regulations transpose certain provisions of Directive 2008/110/EC (the “Revised Safety Directive”) amending Directive 2004/49/EC (the “Railway Safety Directive”) on safety on the Community’s railways. (The Railway Safety Directive was transposed by the Railways (Safety Management) Regulations 2006 (“the Safety Management Regulations”). The transposition of the Revised Safety Directive provisions is effected by amendments to the Safety Management Regulations.

Regulation 2(2) introduces a new regulation 16A to the Safety Management Regulations which prohibits a person from operating a vehicle on the railway system unless an entity in charge of maintenance has been assigned to it, such entity having been registered as such on the National Vehicle Register. Regulation 16A does not apply to heritage vehicles. The entity in charge of maintenance must put in place a system of maintenance for vehicles to which it has been assigned. Regulation 2(5) replaces Schedule 3 in the Safety Management Regulations with a new Schedule 3 in accordance with Article 1(4) of the Revised Safety Directive, which sets out a revised list of Common Safety Indicators and incorporates new common definitions and methods to calculate the economic impact of accidents.

Regulation 2(3) amends regulation 21(1) (Interpretation and application of Part 4) of the Safety Management Regulations to clarify that in Part 4 of the Safety Management Regulations, the definition of “work” includes voluntary work. Regulation 2(4) amends appeals provision arrangements in regulation 25(1) ( c) (ii) and (3).