The Railways and Other Guided Transport Systems (Safety) Regulations 2006

[F1 Maintenance of vehicles on the mainline railway U.K.

18A.— [F2 (1) No person may place in service or use a vehicle on the mainline railway unless that vehicle has an entity in charge of maintenance assigned to it, and that entity in charge of maintenance—

(a) is registered in relation to that vehicle in the National Vehicle Register; and

[F3 (b) where the vehicle is a freight wagon, holds—

(i) a UK-issued ECM certificate;

(ii) a cross-border UK-issued ECM certificate; or

(iii) if that person is compliant with the requirements set out in paragraphs (1ZA) or (1ZB), an EU ECM certificate;]]

[F4 (1ZA) Before 1st November 2023, a person is compliant with the requirements referred to in paragraph (1)(b)(iii) if that person—

(a) places in service or uses a vehicle in circulation on railway lines across the territory of two states;

(b) has an EU ECM certificate that was issued by a certification body accredited by the UK national accreditation body; or

(c) has made an application to a certification body for a UK-issued ECM certificate and the certification body has not yet taken a decision on the application.

(1ZB) On or after 1st November 2023, a person is compliant with the requirements referred to in paragraph (1)(b)(iii) if that person—

(a) places in service or uses a vehicle in circulation on railway lines across the territory of two states; or

(b) has an EU ECM certificate that was issued by a certification body accredited by the UK national accreditation body.]

[F5 (1A) No person may use a vehicle to operate a cross-border service unless that vehicle has an entity in charge of maintenance assigned to it, and that entity in charge of maintenance—

(a) is registered in relation to that vehicle in the National Vehicle Register; and

(b) holds either an EU ECM certificate valid on the terms of its original issue or a cross-border UK-issued ECM certificate, where it is required to do so in accordance with the retained 2019 EU ECM Regulation.]

(2) Each entity in charge of maintenance must ensure, by means of a system of maintenance, that a vehicle for which it is in charge of maintenance is in a safe state of running.

(3) The requirement for a system of maintenance referred to in paragraph (2) is that a vehicle must be maintained in accordance with—

(a) the maintenance file for the vehicle;

(b) applicable maintenance rules; and

(c) applicable [F6 NTSNs].

[F7 (4) Schedule 9 (applications for UK-issued ECM certificates by entities in charge of maintenance) and Schedule 10 (system of certification of entities in charge of maintenance in respect of Great Britain) have effect.]

[F8 (5) In this regulation, “UK national accreditation body” means the body which was appointed by the Secretary of State in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, as it had effect in EU law before IP completion day.]]

Textual Amendments

F1 Reg. 18A inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(5)

F2 Reg. 18A(1) substituted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(7)

F3 Reg. 18A(1)(b) substituted (30.6.2023) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2023 (S.I. 2023/540), regs. 1, 3(3)(a)

F4 Reg. 18A(1ZA)(1ZB) inserted (30.6.2023) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2023 (S.I. 2023/540), regs. 1, 3(3)(b)

F5 Reg. 18A(1A) inserted by S.I. 2019/837, reg. 3(6)(aa) (as inserted by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 7(4))

F6 Word in reg. 18A(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 2(3)

F7 Reg. 18A(4) inserted (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Reg. 18A(5) inserted (30.6.2023) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2023 (S.I. 2023/540), regs. 1, 3(3)(c)