Part V Public Transport

Rail vehicles

47EPenalty for using rail vehicle that does not conform with accessibility regulations

1

Where it appears to the Secretary of State that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

a

identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and

b

specifying the improvement deadline.

2

The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

3

Subsection (4) applies where—

a

the Secretary of State has given a notice under subsection (1);

b

the improvement deadline specified in the notice has passed; and

c

it appears to the Secretary of State that the vehicle still does not conform with the provision identified in the notice.

4

The Secretary of State may give to the operator a further notice—

a

identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and

b

specifying the final deadline.

5

The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

6

If—

a

the Secretary of State has given a notice under subsection (4) to the operator of a regulated rail vehicle, and

b

the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice,

the Secretary of State may require the operator to pay a penalty.