The Road Tunnel Safety Regulations 2007

PART 1U.K.Preliminary

Citation and commencementU.K.

1.  These Regulations may be cited as the Road Tunnel Safety Regulations 2007 and shall come into force on 22nd June 2007.

Commencement Information

I1Reg. 1 in force at 22.6.2007, see reg. 1

Interpretation etc.U.K.

2.—(1) In these Regulations “the Road Tunnel Directive” means Directive No. 2004/54/EC of the European Parliament and of the Council of 29th April 2004 on the minimum safety requirements for tunnels in the Trans-European Road Network(1), and any reference in the Schedule to “the Directive” shall be construed accordingly.

(2) In these Regulations references to “Annex I” and “Annex II” are references to those Annexes as set out in the Road Tunnel Directive [F1and modified by regulation 2A], and the reference in paragraph 2.12 of Annex I to “Annex III” should be read as a reference to the Schedule, which sets out Annex III of the Road Tunnel Directive F2... in a modified form.

(3) In these Regulations—

“administrative authority” means a body designated in relation to a road tunnel pursuant to regulation 4;

“commissioning procedure” means the procedure for authorising the opening of a road tunnel to public traffic set out in paragraph 3 of Annex II;

“construction stage” means the period after the design stage has been completed but before that tunnel is open to traffic;

“design stage” means the stage after a feasibility study has been conducted in relation to a tunnel but before any construction of that tunnel has commenced;

“emergency services” means all local services, whether public or private or any of the road tunnel staff, which intervene in the event of an accident or incident in a road tunnel, including police services, fire brigades, highway authority traffic officers and rescue teams;

“inspection entity” means an entity appointed pursuant to regulation 12;

“modification” means a substantial change in the structure, construction, equipment or operation of a road tunnel which significantly alters any of the constituent components of the safety documentation, and cognate expressions shall be construed accordingly;

[F3“national authority” means in relation to—

(i)

England, the Secretary of State;

(ii)

Wales, the Welsh Ministers;

(iii)

Scotland, the Scottish Ministers;

(iv)

Northern Ireland, the Department for Infrastructure established by article 3(1) of the Departments (Northern Ireland) Order 1999 and renamed by section 1(6) of the Departments Act (Northern Ireland) 2016;]

“operational schemes” means the schemes relating to a road tunnel drawn up pursuant to regulation 5(3);

“risk analysis” means an analysis prepared pursuant to regulation 18;

“risk reduction measure” means a measure to be used instead of adoption of a structural requirement set out in the safety requirements;

“road tunnel” means a tunnel to which these Regulations apply;

“safety documentation” means the documentation compiled pursuant to regulation 9;

“Safety Officer” means an officer designated pursuant to regulation 10;

“safety requirements” means the safety measures specified in Annex I and the Schedule;

“significant incident” has the same meaning as “emergency” in section 1 of the Civil Contingencies Act 2004(2);

“technical approval authority” means the person appointed pursuant to regulation 14;

[F4“traffic authority” in relation to England, Wales and Scotland has the meaning given in section 121A of the Road Traffic Regulation Act 1984.]

“trans-European road network” means the road network identified in Section 2 of Annex I to Decision No. 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network(3) and illustrated by maps and described in Annex II to that Decision; and

“Tunnel Manager” means a person designated pursuant to regulation 8.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 22.6.2007, see reg. 1

[F5Modification of the Road Tunnel DirectiveU.K.

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”.]

Textual Amendments

[F6Application of the RegulationsU.K.

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.]

Textual Amendments

(1)

O.J. No. L 167, 30.4.2004, p 39, the corrigendum to the Road Tunnels Directive is in O.J. No. L 201, 7.6.2004, p. 56.

(3)

O.J. L. 228, 9.9.1996, p.1 as amended by Decision 884/2004/EC of the European Parliament and of the Counsel (O.J.L. 167, 30.4.2004, p. 1.).