{
  "url": "https://openlegislation.uk/road-tunnel-safety-regulations-2007/regulation-19",
  "json_url": "https://openlegislation.uk/road-tunnel-safety-regulations-2007/regulation-19.json",
  "legislation": "uksi/2007/1520",
  "legislation_title": "The Road Tunnel Safety Regulations 2007",
  "legislation_url": "https://openlegislation.uk/road-tunnel-safety-regulations-2007",
  "path": "regulation/19",
  "kind": "regulation",
  "number": "19",
  "heading": "Derogations for innovative techniques",
  "text": "(1) The Tunnel Manager may at any time during the design, construction or operation of a road tunnel make a request in writing to the administrative authority for a derogation from the requirements of these Regulations in relation to the—\n(a) installation and use of innovative safety equipment; or\n(b) use of innovative safety procedures,\nwhich provide an equivalent or higher level of protection than current technologies as prescribed in these Regulations.\n(2) A request made pursuant to paragraph (1) shall be accompanied by the following information—\n(a) a description of the road tunnel in relation to which the derogation is sought including a description of any physical or operational features relevant to the request;\n(b) a description of the proposed procedure or equipment;\n(c) an explanation of why the proposed procedures or equipment are innovative;\n(d) a description, and where appropriate a demonstration, of—\n(i) how the proposed procedure or equipment will provide equivalent or higher level of protection than the procedures or equipment required by these Regulations, and\n(ii) why the procedures or equipment required by these Regulations cannot or should not be used in the road tunnel; and\n(e) a written report prepared by the inspection entity setting out its opinion of the request and stating whether or not the proposed procedure or equipment will provide an equivalent or higher level of protection than that provided by the procedures or equipment prescribed by these Regulations.\n(3) If the administrative authority considers that the information provided by the Tunnel Manager with a request made under paragraph (1) is insufficient to enable it to make a decision the administrative authority shall notify the Tunnel Manager in writing of the additional information it requires in order to make that decision.\n(4) On receiving a notification under paragraph (3) the Tunnel Manager shall provide the administrative authority with such of the additional information specified in that notification as the Tunnel Manager is reasonably able to supply and, where any of that additional information so specified is not provided, a written explanation as to why the Tunnel Manager is unable to provide it.\n(5) If the administrative authority considers that the use or installation of the proposed innovative safety equipment or the use of the proposed innovative safety procedures will not provide equivalent or higher level of protection to users of the road tunnel it shall refuse the request.\n(6) If the administrative authority decides that the request for a derogation should not be granted it shall give the Tunnel Manager reasons for that decision in writing.\n(7) If the administrative authority considers that a derogation should, subject to the view of the national authority, be granted it shall—\n(a) forward the request made and information sent under paragraphs (1), (2) and (4) to the national authority within one month after the date of receipt of that information; and\n(b) notify the Tunnel Manager in writing.\n(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(10) The administrative authority must notify the Tunnel Manager in writing whether the request made under paragraph (1) has been granted or refused—\n(a) where there has been a deemed refusal pursuant to paragraph 1.2.1 of Annex I, within two weeks after the date of expiry of the three month period;\n(b) where there has been a deemed approval pursuant to paragraph 1.2.1 of Annex I, within two weeks after the date of receipt of the recommendation of the national authority;\n(c) where the national authority’s recommendation pursuant to paragraph 1.2.1 of Annex I was negative, within two weeks after the date of the decision of the administrative authority.\n(11) For the purpose of this regulation “innovative” in relation to safety equipment and safety procedures means safety equipment or safety procedures that are not provided for in these Regulations.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 19(7) substituted (28.5.2021) by The Road Tunnel Safety (Amendment) Regulations 2021 (S.I. 2021/552), regs. 1, 10(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 19(8) omitted (28.5.2021) by virtue of The Road Tunnel Safety (Amendment) Regulations 2021 (S.I. 2021/552), regs. 1, 10(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 19(9) omitted (28.5.2021) by virtue of The Road Tunnel Safety (Amendment) Regulations 2021 (S.I. 2021/552), regs. 1, 10(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 19(10) substituted (28.5.2021) by The Road Tunnel Safety (Amendment) Regulations 2021 (S.I. 2021/552), regs. 1, 10(d)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 19(11) substituted (28.5.2021) by The Road Tunnel Safety (Amendment) Regulations 2021 (S.I. 2021/552), regs. 1, 10(e)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 19 in force at 22.6.2007, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/1520/regulation/19",
    "retrieved_at": "2026-10-29T03:52:05.201550+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}