The Road Tunnel Safety (Amendment) Regulations 2021

These Regulations may be cited as the Road Tunnel Safety (Amendment) Regulations 2021 and come into force on the 22nd day after the day on which they are laid.

The Road Tunnel Safety Regulations 2007^f1 are amended as follows.

In regulation 2 (interpretation etc.), in paragraph (2), after “as set out in the Road Tunnel Directive” insert “and modified by regulation 2A”.

In regulation 2 (interpretation etc.), in paragraph (3)—

After regulation 2 (interpretation etc.), insert—

“Modification of the Road Tunnel Directive

2A.

(1)

For the purposes of these Regulations, references to Annex I and Annex II of the Road Tunnel Directive must be read with the following modifications.

(2)

In Annex I—

(a)

in paragraph 1.1.3. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”;

(b)

in paragraph 1.2.1. —

(i)

in the first sub-paragraph, for “Member States” substitute “The Tunnel Manager”;

(ii)

in each place where it occurs for “Commission” substitute “national authority”;

(iii)

omit the second sub-paragraph (beginning “The Commission shall transmit”);

(iv)

for the third paragraph, substitute—

“If, following a period of three months after receipt of the request by the national authority, no recommendation is made and notified to the Administrative authority, the limited derogation request shall be deemed refused. During the three month period, the national authority may make a recommendation to grant or refuse the request and notify it to the Administrative authority, setting out its reasons. Where the recommendation is positive, the request is deemed to have been granted. Where the recommendation is negative the Administrative authority must decide whether to grant or refuse the request within one month of the recommendation, taking into account the recommendation of the national authority.”;

(c)

in paragraph 2.9.3. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”;

(d)

in paragraph 3.2. omit the second sentence;

(e)

in paragraph 3.4. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”;

(f)

in paragraph 3.5. omit “, including those starting and finishing in different Member States,”;

(g)

in paragraph 3.6. omit the last sub-paragraph;

(h)

in paragraph 3.7. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”.

(3)

In Annex II —

(a)

in paragraph 2.2. for “Article 2 of the Directive” substitute “regulation 2(3) of the Road Tunnel Safety Regulations 2007”;

(b)

in paragraph 2.3. for “risk analysis requested by point 3.7. of Annex I” substitute “risk analysis required by regulation 18 of the Road Tunnel Safety Regulations 2007”;

(c)

in paragraph 2.5. for “the entry into force of this Directive,” substitute “30th April 2004”.”.

For regulation 3 (application of the Regulations), substitute—

“Application of the Regulations

3.

(1)

 These Regulations apply in relation to—

(a)

the following road tunnels—

(i)

A282 Dartford Tunnel, Essex and Kent;

(ii)

A1(M) Hatfield Tunnel, Hertfordshire;

(iii)

M25 Bell Common Tunnel, Essex;

(iv)

M25 Holmesdale Tunnel, Hertfordshire;

(v)

A299 Ramsgate Tunnel, Kent;

(vi)

A55 Conwy Tunnel, Conwy;

(vii)

A55 Pen-y-Clip Tunnel, Conwy;

(viii)

A55 Penmaenbach Tunnel, Conwy; and

(b)

any proposed road tunnel in the United Kingdom that immediately before IP completion day—

(i)

formed part of the trans-European road network;

(ii)

was at the construction stage or the design stage; and

(iii)

would be over 500 metres in length.

(2)

For the purpose of paragraph (1)(b), a road tunnel would be over 500 metres in length if the longest traffic lane on the fully enclosed part of that tunnel would be over 500 metres in length.”.

In regulation 4 (designation of administrative authority) omit paragraph (5).

In regulation 6 (administrative authority – duty to compile accident and fire reports), in paragraph (3) for “Secretary of State” substitute “national authority”.

In regulation 17 (risk reduction measures), in paragraph (4)(b) for “Secretary of State” substitute “national authority”.

In regulation 19 (derogations for innovative techniques)—

In regulation 20 (application of Regulations where the same person undertakes functions of different authorities), for paragraph (2) substitute—

“(2)

Those authorities are—

(a)

an administrative authority;

(b)

a Tunnel Manager; and

(c)

a national authority.”.

Omit regulation 21 (notification to the Commission).

(This note is not part of the Regulations)