The Railways (Interoperability) Regulations 2006

Prospective

PART 5 U.K. Registers

Registers of authorised infrastructure and authorised rolling stock U.K.

31.—(1) An owner of authorised rolling stock shall keep a register of the authorised rolling stock of which he is the owner (“a rolling stock register”).

(2) An owner of authorised infrastructure shall keep a register of the authorised infrastructure of which he is the owner (“an infrastructure register”).

(3) The particulars to be entered in a rolling stock register are, for each authorised rolling stock vehicle of which he is the owner—

(a) its vehicle ID code;

(b) its basic parameters;

(c) the correlation of the basic parameters with the features laid down by any relevant TSI with which it is required to comply;

(d) any information required by any relevant TSI with which it is required to comply.

(4) The particulars to be entered in an infrastructure register are, for authorised infrastructure of which he is the owner—

(a) its basic parameters;

(b) the correlation of the basic parameters with the features laid down by any relevant TSI with which it is required to comply;

(c) any information required by any relevant TSI with which it is required to comply.

(5) The owner of authorised rolling stock or authorised infrastructure shall update the particulars in the relevant register—

(a) each time a structural subsystem of which he is the owner is authorised pursuant to regulation 4;

(b) when the registration body gives notice of the ID code assigned under regulation 33(4) to an authorised rolling stock vehicle of which he is the owner;

(c) each time authorised rolling stock or authorised infrastructure is taken permanently out of use; or

(d) each time he acquires ownership of authorised rolling stock or authorised infrastructure.

(6) Within 21 days of an event specified in paragraph (5) the owner of the authorised rolling stock or authorised infrastructure shall send to the Competent Authority a copy of the appropriate updated register.

(7) An owner of authorised rolling stock or authorised infrastructure who is not the operator of that rolling stock or infrastructure shall send to the operator of that rolling stock or infrastructure a copy of the rolling stock register or infrastructure register, as the case may be, at the same time that he is required to send a copy of the register to the Competent Authority in accordance with paragraph (6).

(8) For the purposes of paragraphs (5) to (7) the owner in the case of a change of ownership means the acquiring owner.

(9) The owner of authorised rolling stock or authorised infrastructure who disposes of his interest in that rolling stock or infrastructure shall give to the person who acquires that interest a copy of the particulars that he has kept in the register in respect of that rolling stock or infrastructure.

(10) In this regulation—

(a) “authorised infrastructure” means a structural subsystem, other than rolling stock, authorised to be placed in service under regulation 4 and in use on or as part of the high-speed rail system or conventional TEN rail system;

(b) “authorised rolling stock” means a rolling stock subsystem authorised to be placed in service under regulation 4 and in use on the high-speed rail system or conventional TEN rail system.

Commencement Information

I1 Reg. 31 in force at 2.4.2006, see reg. 1(3)

Publication and notification of registers U.K.

32.—(1) The Secretary of State shall annually—

(a) publish; and

(b) send to the other Member States and to the European Railway Agency,

a consolidated copy of the registers sent to the Competent Authority pursuant to regulation 31(6).

(2) The Secretary of State shall provide a copy of the whole or part of the consolidated registers to any person within 21 days of a written request by that person.

Commencement Information

I2 Reg. 32 in force at 2.4.2006, see reg. 1(3)

National vehicle register U.K.

33.—(1) This regulation applies to rolling stock vehicles for which there is a requirement for authorisation under regulation 4.

(2) A contracting entity in relation to a rolling stock vehicle or its owner shall apply to the registration body for it to assign an ID code before the vehicle is placed in service.

(3) The registration body shall assign an ID code to each rolling stock vehicle for which an application is made and maintain a register of such rolling stock vehicles (“National Vehicle Register”).

(4) In the case of a rolling stock vehicle first placed in service outside the United Kingdom and clearly identified by a different coding system, the registration body may assign it with an ID code that is the same as that by which it is identified under the different coding system.

(5) The registration body may reserve ID codes for rolling stock vehicles notwithstanding an application has not been made.

(6) Any person who places in service a rolling stock vehicle shall ensure it is marked with the ID code assigned to it.

(7) Except as provided in paragraph (8), the contracting entity in relation to a vehicle or the owner of the vehicle shall, no later than 14 days after the date of authorisation, provide particulars to the registration body of the matters specified in paragraph (9)(b) to (e), and such further information as the registration body may reasonably require.

(8) In the case of a rolling stock vehicle authorised by the operation of regulation 4(8) the particulars required under paragraph (9) shall be provided before the vehicle is placed in service.

(9) The National Vehicle Register shall contain particulars in respect of each rolling stock vehicle authorised under regulation 4 that include—

(a) the ID code assigned to the vehicle;

(b) particulars of the verification declaration and the contracting entity;

(c) the identity of the owner or lessee of the vehicle;

(d) any restrictions on how the vehicle may be used;

(e) safety critical data relating to the maintenance schedule of the vehicle.

(10) Where there is a material change to any of the particulars set out in paragraph (9), the owner of the vehicle shall give the registration body particulars of the change and the registration body shall alter the register accordingly.

(11) The registration body shall make the National Vehicle Register available for inspection—

(a) by any safety authority or investigating body designated in articles 16 and 21 of Directive 2004/49/EC of the European Parliament and of the Council of 29th April 2004 on safety of the Community’s railways(1);

(b) in response to a reasonable request—

(i) by any regulatory body designated in article 30 of Directive 2001/14/EC of the European Parliament and of the Council of 21st February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification(2);

(ii) by the European Rail Agency;

(iii) by railway undertakings;

(iv) by infrastructure managers; and

(v) by owners of project subsystems.

(12) In Great Britain the Secretary of State and in Northern Ireland the DRDNI shall designate a person to be the registration body from time to time provided that person is independent of any railway undertaking; and different persons may be designated to maintain the register in different parts of the United Kingdom.

Commencement Information

I3 Reg. 33 in force at 2.4.2006, see reg. 1(3)

(1)

O.J. L 164, 30.4.2004, p. 44.

(2)

O.J. L 75, 15.3.2001, p. 29. Directive as amended by Commission Decision 2002/844/EC (O.J. L 289, 26.10.2002, p. 30).