The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose certain provisions of Directive 2008/110/EC (the “Revised Safety Directive”) and the whole of Directive 2009/149/EC (the “CSI Directive”) which amend Directive 2004/49/EC (the “Railway Safety Directive”) on safety on the Community’s railways, as well as giving effect to certain other matters. (The Railway Safety Directive was transposed by the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (“ROGS”) and through Part 1 (investigation of railway accidents) of the Railways and Transport Safety Act 2003 and the Railways (Accident Investigation and Reporting) Regulations 2005). The transposition of the Revised Safety Directive provisions and of the CSI Directive is effected by amendments to ROGS.

Regulation 2(5) introduces a new regulation 18A to ROGS which prohibits a person from operating a vehicle on the mainline railway unless an entity in charge of maintenance has been assigned to it, such entity having been registered as such on the National Vehicle Register. Under the new regulation 18A(2), the entity in charge of maintenance must put in place a system of maintenance for vehicles to which it has been assigned. Regulation 2(9) amends Regulation 31(1) (defence of due diligence) of ROGS to provide a defence of due diligence for an entity in charge of maintenance that commits an offence under regulation 18A(2). Regulation 2(12) replaces Schedule 3 in ROGS with a new Schedule 3 which sets out a revised list of Common Safety Indicators and incorporates new common definitions and methods to calculate the economic impact of accidents, in accordance with the CSI Directive. Regulation 2(6) makes consequential amendments to regulation 20(1)(c) (annual safety reports) of ROGS, as a result of inserting the new Schedule 3.

Regulation 2(7) amends regulation 23(1) (interpretation and application of Part 4) of ROGS to clarify that in Part 4 of ROGS, the definition of “work” includes voluntary work. Regulation 2(8) inserts a new regulation 27(4A) into regulation 27 (appeals) of ROGS to reflect the role of the Administrative Justice and Tribunals Council in supervising statutory inquiries. It also substitutes the approval of the Treasury for the approval of the Minister for the Civil Service in regulation 27(6) following a transfer of functions, and clarifies the reference to section 44 of the Health and Safety at Work etc. Act 1974 in regulation 27(8) of ROGS.

Regulation 2(10) introduces a new regulation 34A to ROGS which requires the Secretary of State to review the operation and effect of ROGS and publish a report within five years after these Regulations come into force and within every five years after that. Following each review the Secretary of State will decide whether ROGS should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke ROGS or to amend it.

Regulation 2(11) updates two references in ROGS to regulations relating to interoperability so that they refer to the Railways (Interoperability) Regulations 2006.

Print copies of the 2009 edition of RID are available for purchase, including from the Stationery Office:

http://www.tsoshop.co.uk/bookstore.asp

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and the transposition note for the Revised Safety Directive prepared in respect of these Regulations are available from the Office of Rail Regulation, One Kemble Street, London WC2B 4AN. A copy of each has been placed in the library of each House of Parliament. The impact assessment is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.