The Rail Vehicle Accessibility (North Western Trains Class 175/0 and Class 175/1 Vehicles) Exemption Order 2000

Statutory Instruments

2000 No. 524

DISABLED PERSONS

TRANSPORT

The Rail Vehicle Accessibility (North Western Trains Class 175/0 and Class 175/1 Vehicles) Exemption Order 2000

Made

1st March 2000

Laid before Parliament

2nd March 2000

Coming into force

22nd March 2000

The Secretary of State in exercise of the powers conferred on him by section 47 of the Disability Discrimination Act 1995(1) and of all other powers enabling him in that behalf, having consulted the Disabled Persons Transport Advisory Committee and such other persons as he considered appropriate in accordance with section 47(3) of the said Act, hereby makes the following Order:–

1.  This Order may be cited as the Rail Vehicle Accessibility (North Western Trains Class 175/0 and Class 175/1 Vehicles) Exemption Order 2000 and shall come into force on 22nd March 2000.

2.  Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998(2).

3.  This order applies to the rail vehicles which are numbered 50701 to 50711 and 79701 to 79711 and which form the diesel multiple-units numbered 175001 to 175011 of the class known as “Class 175/0” and to the rail vehicles which are numbered 50751 to 50766, 56751 to 56766 and 79751 to 79766 and which form the diesel multiple-units numbered 175101 to 175116 of the class known as “Class 175/1” (“the exempted vehicles”) as manufactured by ALSTOM Transport Limited for use by North Western Trains Company Limited.

4.—(1) Subject to article 5 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.

(2) The provisions with which the exempted vehicles are not required to conform are–

• regulation 4(2), but only in so far as it relates to the emission of warning sounds outside an exempted vehicle;

• regulation 4(3)(b);

• regulation 6(1)(d);

• regulation 18(3); and

• regulation 20(1)(f)(ii), but only in so far as the handrail does not comply with regulation 11(2)(b).

5.—(1) The authorisation given by article 4(1) above shall cease forthwith in respect of an exempted vehicle which is operated by a person other than North Western Train Company Limited, unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.

(2) The authorisation given by article 4(1) above shall cease at the end of 31st December 2000.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Keith Hill

Parliamentary Under-Secretary of State,

Department of the Environment, Transport and the Regions

1st March 2000

Explanatory Note

(This note is not part of the Order)

This Order authorises the use of specified rail vehicles of Classes 175/0 and 175/1, although they do not conform with certain requirements of the Rail Vehicle Accessibility Regulations 1998 because:

• doorway warning sounds cannot be heard outside the vehicle;

• warnings are emitted whenever the passenger doors in the sides of vehicles are closed;

• there is no step illumination;

• the unobstructed space beneath tables in wheelchair spaces is less than 700 millimetres;

• the hinged handrail in toilets, which are provided for disabled persons in wheelchairs, has a curve with an inside radius of less than 50 millimetres.

It sets a time limit on the authorisation and imposes a condition.

(1)

1995 c. 50.

(2)

S.I. 1998/2456.