In these Regulations—

• “the 2003 Act” means the Railways and Transport Safety Act 2003;

• “accident” means a railway accident;

• “the Branch” means the Rail Accident Investigation Branch;

• “carriageway” means a way over which there is a public right of passage for motor vehicles;

• “Channel Tunnel system” has the meaning given by section 1(7) of the Channel Tunnel Act 19874 to the words “the tunnel system”;

• “Chief Inspector” means the Chief Inspector of Rail Accidents appointed under section 3(2) of the 2003 Act;

• “constable” means any person who is—

  1. a

     a member or special constable of any police force who has been attested as a constable under section 29 of the Police Act 19965 or declared a constable under section 16 of the Police (Scotland) Act 19676; or

  2. b

     a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

• “dangerous goods” has the meaning given by regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 20047;

• “European Railway Agency” means the agency for railway safety and interoperability established by Regulation (EC) No 881/2004 of the European Parliament and the Council of 29th April 2004 establishing a European Railway Agency8;

• “evidence” means anything involved in or relating to an accident or incident, whether at the site of the accident or incident or remote from it, including—

  1. a

     written, electronic, photographic or other records;

  2. b

     electronic or recording equipment;

  3. c

     rolling stock, infrastructure, equipment and signalling systems;

  4. d

     any personal, personnel, medical or other similar record or document; and

  5. e

     anything else that an inspector identifies to—

     1. i

        an owner of railway property;

     2. ii

        a railway industry body; or

     3. iii

        a manufacturer or supplier of equipment, components or services to an owner of railway property or to a railway industry body,

  as being relevant to the accident or incident;

• “extensive damage” means damage that can immediately be assessed by the Branch to cost at least 2 million Euros in total;

• “incident” means a railway incident;

• “infrastructure” means railway infrastructure;

• “infrastructure manager” means any person who is responsible for establishing and maintaining infrastructure or a part thereof, which may also include the management of infrastructure control and safety systems, but does not include a maintainer;

• “inspector” means a person appointed as an inspector of rail accidents under section 3(1) of the 2003 Act;

• “Intergovernmental Commission” has the meaning given to those words by section 49 of the Channel Tunnel Act 1987;

• “level crossing” means any place where a railway crosses on a level a highway or other road or passageway, whether or not there is public access to such land;

• “maintainer” means a person who maintains, repairs or renews railway property or constructs new works in relation to railway property;

• “motor vehicle” has the meaning given by section 185 of the Road Traffic Act 19889;

• “railway” means a railway or tramway within the meaning given by section 67 of the Transport and Works Act 199210;

• “railway accident” and “railway incident” have the meanings given in section 2(1) of the 2003 Act;

• “railway industry body” means a person who is an infrastructure manager, a railway undertaking, a maintainer or an operator of rolling stock or railway assets;

• “railway property” has the meaning given in section 1(1) of the 2003 Act;

• “running line” means a railway line which is not a siding and is ordinarily used for the passage of trains or tramcars;

• “safety authority”—

  1. a

     in relation to Great Britain, excluding the Channel Tunnel system, means the Health and Safety Executive;

  2. b

     in relation to Northern Ireland, means the Department for Regional Development; and

  3. c

     in relation to the Channel Tunnel system, means the Intergovernmental Commission; and

• “Safety Directive” means Directive 2004/49/EC of the European Parliament and the Council of 29th April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification11.

Any expression used both in these Regulations and the Safety Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Safety Directive.