The Railways (Interoperability) Regulations 2011

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Authorisation for a vehicle already authorised for [F1an EU] Member StateU.K.

This section has no associated Explanatory Memorandum

6.—[F2(1) This regulation applies where an authorisation is required under regulation 4(4).]

(2) When this regulation applies paragraph (3) applies instead of regulation 5(2) and paragraph (4) applies instead of regulation 5(4).

(3) In order for the application to be valid the application must be made in writing to the Safety Authority and accompanied by—

(a)a copy of the authorisation referred to in regulation [F34(4)] (“the first authorisation”);

(b)if the first authorisation is a TSI conform authorisation, a technical file containing—

(i)a copy of the technical file from the first authorisation;

(ii)for a vehicle equipped with a data recorder not required by an applicable TSI [F4in force at the time when the vehicle was first authorised], information on the procedures for collecting and evaluating the data;

(iii)the documentation relating to the maintenance history and any technical modifications undertaken after the first authorisation;

(iv)evidence on technical and operational characteristics that shows that the vehicle is compatible with the infrastructures and fixed installations, including climate conditions, energy supply system, control-command and signalling system, track gauge and infrastructure gauges, maximum permitted axle load and other constraints of the network; F5...

[F6(v)any UK certificate of verification in relation to UK specific rules; and]

[F7(vi)sufficient documentary evidence to satisfy the Safety Authority that the first authorisation has not been revoked;]

(c)if the first authorisation is not a TSI conform authorisation, a technical file containing—

(i)information on the procedure followed in relation to the first authorisation in order to show that vehicle complied with the safety requirements in force and information on any derogation that applies;

(ii)the technical data and information on the maintenance programme and operational characteristics, including, for a vehicle equipped with a data recorder, information on the procedures for collecting and evaluating the data;

(iii)the documentation relating to the maintenance and operational history and any technical modifications undertaken after the first authorisation;

[F9(v)any UK certificate of verification in relation to UK specific rules; and]

[F10(vi)sufficient documentary evidence to satisfy the Safety Authority that the first authorisation has not been revoked;]

(d)if the first authorisation was made, in accordance with Article 26 of the Directive [F11or Article 24 of the 2016 Directive], on the basis of a declaration of conformity to type, a copy of the declaration; and

(e)any [F12UK declaration of verification] from the project entity made under paragraph (9).

[F13(4) If the first authorisation is a TSI conform authorisation, the Safety Authority may, after consultation with the applicant, by notice in writing require the applicant to carry out additional tests on the network concerned or risk analysis and to provide any additional information which the Safety Authority considers necessary in order to check compatibility between the vehicle and the network concerned, including compatibility with UK specific rules.]

(5) If the first authorisation is not a TSI conform authorisation the Safety Authority may, after consultation with an applicant, require the applicant, by notice in writing, to carry out additional tests on the network concerned or risk analysis and to provide any additional information which the Safety Authority considers necessary in order to verify that—

(a)if there is a substantial safety risk, matters covered by the information referred to in paragraph (3)(c)(i) and (ii); and

(b)matters covered by the information referred to in paragraph (3)(c)(iii) and (iv),

comply with any applicable [F14UK specific rules].

(6) The infrastructure manager must, if requested by the applicant, make reasonable efforts to enable any tests required under paragraphs (4) and (5) to be completed before the date which is three months after the date on which the infrastructure manager received the request.

(7) If there are any applicable [F15UK specific rules] that must be assessed against in order to comply with requirements made by the Safety Authority under paragraphs (4) or (5), the project entity must, in order for the application to proceed, engage a designated body, F16... to assess conformity with those rules.

F17(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(9) If a body is engaged in accordance with paragraph (7), in order for the application to proceed, the project entity must draw up a UK declaration of verification in relation to the project subsystem in accordance with Schedule 5, after the body appointed under paragraph (7) has, in accordance with Schedule 4, drawn up a UK certificate of verification and compiled a technical file.]

F19(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) This regulation does not apply in relation to the Channel Tunnel system.

Textual Amendments

F1Words in reg. 6 heading substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Reg. 6(1) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3Word in reg. 6(3)(a) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in reg. 6(3)(b)(ii) inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5Word in reg. 6(3)(b)(iv) omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6Reg. 6(3)(b)(v) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F7Reg. 6(3)(b)(vi) inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(c)(v); 2020 c. 1, Sch. 5 para. 1(1)

F8Word in reg. 6(3)(c)(iv) omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(9)(c)(vi); 2020 c. 1, Sch. 5 para. 1(1)