The Railways Regulations 1992

Purpose and interpretation

2.—(1) The purpose of these Regulations is to provide for the implementation of Council Directive 91/440/EEC of 29th July 1991 on the development of the Community’s railways(1) (hereinafter referred to as “the Council Directive”) and accordingly, save where the context otherwise requires, expressions used which are also used in that Directive have the same meaning.

(2) In these Regulations—

• “the Concessionaires”, “the tunnel system” and “shuttle service” have the same meaning as in the Channel Tunnel Act 1987(2);

• “the International Rail Regulator” means the officer appointed under regulation 7(1) by the Secretary of State;

• “access and transit rights” or “transit rights” means access and transit rights or transit rights in relation to the use of railway facilities and ancillary services;

• “railway facility” means any track, station or light maintenance depot;

• “ancillary service” means any service which is necessary for giving full effect to the right of any person to use any track, station or light maintenance depot;

• “track” means the permanent way of any railway, taken together with the ballast, sleepers and metals laid thereon; and any reference to track includes a reference to—

  (a)

  any level crossings, bridges, viaducts, tunnels, culverts, retaining walls, or other structures used or to be used for the support of, or otherwise in connection with, track; and

  (b)

  any walls, fences or other structures bounding the railway or bounding any adjacent or adjoining property;

• “station” means any railway station or railway passenger terminal and includes any forecourt, cycle store, car park or other land or premises appurtenant to, and used in connection with, a station;

• “light maintenance depot” means any premises which consist of or include the provision of light maintenance services, whether or not those premises also consist of or include other maintenance facilities;

• “light maintenance services” means services of any of the following descriptions, that is to say—

  (a)

  the refuelling or cleaning of locomotives or other rolling stock;

  (b)

  the carrying out of any day to day maintenance work required to prepare locomotives or other rolling stock for services each day; or

  (c)

  the carrying out of any other maintenance work to locomotives or rolling stock of a kind which would not normally require the locomotive or rolling stock to be taken out of service for more than seven days;

• “train” includes any locomotive and any rolling stock of any description;

• “rolling stock” means any carriage, wagon or other vehicle used on track and includes a locomotive; and

• “locomotive” means a locomotive used for propelling rolling stock along track and includes a mobile traction unit.

(3) In these Regulations, unless the context otherwise requires, any reference to—

(a) a numbered regulation or a numbered schedule is a reference to the regulation or schedule bearing that number in these Regulations;

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or schedule in which the reference appears.

(1)

OJ No. L237, 24.8.91, p.25; the text of the Directive is subject to the amendments in a corrigendum published in OJ No. L305, 6.11.91, p.22.

(2)

1987 c. 53.