Explanatory note

These Regulations transpose certain provisions of Directive 2008/110/EC (the “Revised Safety Directive”) and the whole of Directive 2009/149/EC (the “CSI 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 and of the CSI Directive is effected by amendments to the Safety Management Regulations.

Regulation 2(2) introduces a new regulation 16AA 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 16AA does not apply to heritage vehicles.

Regulation 2(3) amends regulation 27 (Defence of due diligence) of the Safety Management Regulations to provide a defence of due diligence for an entity in charge of maintenance that commits an offence under regulation 16AA(2).