Rail vehicles first used after 31st December 1998

3.—(1) Subject to paragraph (2), this regulation applies to a rail vehicle first brought into use after 31st December 1998.

(2) This regulation does not apply to a rail vehicle which belongs to a class of rail vehicle —

(a)first brought into use before 1st January 1999; or

(b)first brought into use after 1st July 2008.

(3) Subject to paragraph (7), the requirements of Part 1 of Schedule 1 apply in relation to a rail vehicle to which this regulation applies.

(4) Subject to paragraphs (6) and (7), the requirements of Part 2 of Schedule 1 apply in relation to a rail vehicle to which this regulation applies—

(a)if and to the extent that it already conforms with them when these Regulations come into operation;

(b)if it is constructed pursuant to a contract entered into after 28th April 2014 and does not belong to a class of rail vehicle first brought into use before that date; or

(c)to the extent indicated in paragraph (6) if after 28th April 2014 any refurbishment work described in column (2) of the table in Schedule 4 is carried out to it.

(5) Where paragraph (4)(c) applies, those requirements of Part 2 of Schedule 1, which are indicated in column (3) of the table in Schedule 4 opposite the description of the refurbishment work, apply in relation to that work.

(6) Paragraph (4) (c) does not apply to refurbishment work which—

(a)only comprises like for like replacement;

(b)is required to be carried out by a contract in writing entered into before 28th April 2014; or

(c)is carried out in-house by the operator pursuant to an arrangement made in writing before 28th April 2014.

(7) Paragraphs (3) and (4) are subject to any exemption order which applies to the rail vehicle.