The Railways (Interoperability) Regulations 2011

PART 5 Registers

Register of infrastructure

35.—(1) An owner of infrastructure must keep a register of its infrastructure or procure that the register is kept.

(2) The owner must ensure that in relation to its infrastructure—

(a) the infrastructure register is maintained in accordance with the infrastructure specifications, subject to the transitional arrangements set out in Article 5 of the specifications Decision;

(b) refer in the infrastructure register to any rules or restrictions that have been notified to the owner in accordance with regulation 46(2); and

(c) the infrastructure register is available on a publicly accessible website.

(3) In this regulation—

(a) “infrastructure” means any structural subsystem within the scope of the infrastructure specifications;

(b) “the infrastructure specifications”, means the specifications set out in the Annex to the specifications Decision , as that Annex is amended from time to time; and

(c) “the specifications Decision” means the Commission Implementing Decision 2011/633/EU of 15th September 2011 on the common specifications of the register of railway infrastructure(1).

National vehicle register

36.—(1) This regulation applies to a vehicle for which there is an authorisation under these Regulations for it to be placed in service.

(2) If the Safety Authority issues an authorisation, the person who applied for the authorisation must apply to the registration entity for it to assign a European vehicle number before the vehicle is placed in service.

(3) The registration entity must assign a unique alphanumeric identification code (a “European vehicle number”) to each vehicle for which an application is made and maintain a register of vehicles (“National Vehicle Register”).

(4) In the case of a vehicle—

(a) which is operated or intended to be operated from or to third countries the track gauge of which is different from that of the main rail network within the EU, and

(b) which is clearly identified by a different coding system,

the registration entity may assign to it a European vehicle number that is the same as that by which it is identified under the different coding system.

(5) Any person who places in service a vehicle must ensure it is marked with the European vehicle number assigned to it.

(6) The person who applied for the authorisation must, no later than 14 days after the date of authorisation, provide particulars to the registration entity to enable the registration entity to enter the information on the National Vehicle Register that is necessary to conform to the common specifications referred to in paragraph (7), and such further information as the registration entity may reasonably require.

(7) In respect of particulars provided under paragraph (6) the registration entity must ensure that the National Vehicle Register conforms to the common specifications as set out in the Annex to Commission Decision 2007/756/EC(2) as amended from time to time.

(8) Where there is a material change to any of the particulars provided under paragraph (6) or to any of the particulars provided under regulation 33(7) or (10) of the Railways (Interoperability) Regulations 2006(3), the owner of the vehicle must ensure that the registration entity is given the particulars of the change and the registration entity must alter the National Vehicle Register accordingly.

(9) Where a vehicle is also registered in another Member State the registration entity must, unless the registers are linked, notify the entity responsible for the national vehicle register in the other Member State of any relevant changes to the National Vehicle Register.

(10) The registration entity must make the National Vehicle Register available for inspection—

(a) by the Safety Authority or any other safety authority or investigating body designated under Articles 16 and 21 of Directive 2004/49/EC of the European Parliament and of the Council of 29th April 2004 on safety on the Community’s railways(4); and

(b) in response to a reasonable request by—

(i) the Office of Rail Regulation, DRDNI, the Intergovernmental Commission or any other regulatory body designated in article 30 of Directive 2001/14/EC(5) of the European Parliament and of the Council of 26th February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification;

(ii) the European Railway Agency;

(iii) railway undertakings;

(iv) infrastructure managers; or

(v) owners of project subsystems.

(11) In Great Britain the Secretary of State and in Northern Ireland the DRDNI must designate a person, who must be independent of any railway undertaking, to be the registration entity from time to time; and different persons may be designated to maintain the register in different parts of the United Kingdom.

(1)

O.J. No. L 256, 1.10.2011, p1.

(2)

O.J. No. L 305, 23.11.2007, p30, as amended by Commission Decision 2011/107/EU (O.J. No. L43, 17.2.2011, p33).

(3)

S.I. 2006/397, as amended by S.I. 2007/3386 and by regulation 4 of S.I. 2008/1746.

(4)

O.J. No. L 164, 30.4.2004, p44, as amended by Directive 2008/57/EC of the European Parliament and of the Council (O.J. No. L 191, 18.7.2008, p1), by Directive 2008/110/EC of the European Parliament and of the Council (O.J. No. L345, 23.12.2008, p62) and Commission Directive 2009/149/EC (O.J. No. L 313, 28.11.2009, p65).

(5)

O.J. No. L 75, 15.3.2001, p29, as amended by Commission Decision 2002/844/EC (O.J. No. L289, 26.10.2002, p30, Directive 2004/49/EC of the European Parliament and of the Council (O.J. No. L164, 30.4.2004 and Directive 2007/58/EC of the European Parliament and of the Council (O.J. No. L 315, 3.12.2007, p44).