4
1
Subject to articles 5 and 6 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—
a
regulation 4(2), but only in so far as it relates to the emission of warning sounds outside the exempted vehicle;
b
regulation 5(1)(a) and, in so far as it relates to doors in the ends of exempted vehicles, (c);
c
subject to paragraph (3) below, regulation 5(1)(b), but only in so far as it relates to doors in the ends of exempted vehicles and only in so far as it relates to the maximum force in newtons required to operate the door control;
d
regulation 6(1)(d);
e
regulation 8(3), but only to the extent specified in paragraph (4) below;
f
regulation 10(1)(b), but only in so far as it relates to the height of the bottom edge of the coloured marking measured from the floor;
g
regulation 11(1)(a), but only in so far as it specifies as a minimum for the lower point for fitting a handrail of not more than 700 millimetres above the floor;
h
regulation 11(2)(c), but only in so far as it relates to a handrail at the short draught-screen in the vestibule adjacent to a wheelchair space;
i
regulation 13(7), but only in so far as it relates to the height of letters and numbers on visual systems which are inside the passenger saloon;
j
regulation 15(3), but subject to the condition specified in paragraph (5) below;
k
regulation 18(1);
l
regulation 20(1)(d) and (e); and
m
regulation 20(1)(f), but subject to the condition specified in paragraph (6) below.
3
The exemption given by paragraph (2)(c) above in relation to regulation 5(1)(b) shall apply to an exempted vehicle only while—
a
the maximum amount of force required to operate a door control does not exceed 40 newtons; and
b
the operator provides in that vehicle or, where an exempted vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is reasonably available to assist a disabled person.
4
The exemption given by paragraph (2)(e) above in relation to regulation 8(3) shall extend only to the following seat specifications—
a
in respect of priority seats in the exempted vehicles which are numbered 67901 to 67908, all the dimensions shown in diagrams B1, B2, B3 and B4 other than the 1250 millimetres minimum clear headroom shown in diagrams B2, B3 and B4;
b
in respect of priority seats in the other exempted vehicles—
i
in diagrams B2, B3 and B4, the vertical distance of 430 to 460mm specified for the distance between the passenger compartment floor and the highest point of the seat cushion;
ii
in diagram B2, the 600mm horizontal distance between facing seats;
iii
in diagram B3 the 680mm horizontal distance specified between the rear of the seat cushion and the back of the seat in front, and the 230mm horizontal distance specified for the clear space between seats; and
iv
in diagram B4, the 230mm minimum horizontal distance between either side of the table and the fronts of the seats adjacent to that table.
5
The exemption given by paragraph (2)(j) above in relation to regulation 15(3) shall apply only where a train consists of 8 to 11 exempted vehicles and there are not less than 2 wheelchair spaces in that train.
6
The exemption given by paragraph (2)(m) above in relation to regulation 20(1)(f) is given on the condition that, until a handrail compliant with regulation 20(1)(f) is installed, no other hinged handrail is installed to the side of the toilet in the nearest toilet cubicle to a wheelchair space.