The Rail Vehicle Accessibility (Hull Trains Class 222) Exemption Order 2004

Statutory Instruments

2004 No.2180

DISABLED PERSONS

TRANSPORT

The Rail Vehicle Accessibility (Hull Trains Class 222) Exemption Order 2004

Made

24th August 2004

Laid before Parliament

2nd September2004

Coming into force

4th October 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 47(1), (3) and (4) of the Disability Discrimination Act 1995(1), having consulted the Disabled Persons Transport Advisory Committee and such other persons as he considered appropriate in accordance with section 47(3) of that Act, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Rail Vehicle Accessibility (Hull Trains Class 222) Exemption Order 2004 and shall come into force on 4th October 2004.

Interpretation

2.  In this Order—

(a) any reference to “the exempted vehicles” is a reference to the rail vehicles numbered 60191 to 60194 and 60271 to 60274, which form part of the fleet of diesel electric multiple-units numbered 222101 to 222104, as manufactured by Bombardier Transportation Limited in Belgium for use by Hull Trains Company Limited; and

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

Authorisation and exemption

3.  Subject to articles 4 and 5, the exempted vehicles are authorised to be used for carriage even though they do not conform with regulation 14(b), in so far as it applies to the deployment of a folding nappy-changing table in any toilet cubicle to which regulation 20 applies.

Expiry

4.  The exemption given by article 3 shall cease at the end of May 2019.

5.  The authorisation given by article 3 shall cease immediately in respect of any exempted vehicle if the diesel electric multiple-unit of which the exempted vehicle forms a part is operated by a person other than Hull Trains Company Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.

Signed by authority of the Secretary of State for Transport

Tony McNulty

Parliamentary Under Secretary of State,

Department for Transport

24th August 2004

Explanatory Note

(This note is not part of the Order)

This Order authorises the use for carriage of specified rail vehicles forming part of the fleet of Class 222 diesel electric multiple-units, even though they do not conform with a requirement of the Rail Vehicle Accessibility Regulations 1998 (S.I. 1998/2456, amended by S.I. 2000/3215) because more force than is permitted is required to deploy the folding nappy-changing table which is situated in the wheelchair accessible toilet.

The Order imposes a time limit on the exemption.

(1)

1995 c. 50.

(2)

S.I. 1998/2456, to which amendments have been made which are not relevant to this Order.