Citation, commencement and extent1
These Regulations—
a
may be cited as the Rail Vehicle Accessibility (Applications for Exemption Orders) Regulations 2010;
b
come into force on 6th April 2010; and
c
do not extend to Northern Ireland.
Interpretation2
In these Regulations—
“the 1995 Act” means the Disability Discrimination Act 1995;
“exemption order” means an order made under section 47 of the 1995 Act;
“network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;
“network exemption order” means an exemption order which relates to a specified network;
“operator”, in relation to a rail vehicle, means the person having the management of that vehicle;
“prescribed system” has the same meaning as in section 46 of the 1995 Act;
“rail vehicle” has the same meaning as in section 46 of the 1995 Act3;
“railway” has the same meaning as in section 67(1) of the Transport and Works Act 19924;
“regulated rail vehicle” has the same meaning as in section 46 of the 1995 Act5;
“relevant lessee” means a person who is both—
- a
a lessee of a regulated rail vehicle, and
- b
a party to a contract that is designated as a “PPP agreement” under section 212 of the Greater London Authority Act 19996 for the purposes of section 210(6) of that Act,
but does not include a “relevant body” listed in section 210(2) of that Act7;
- a
“1995 Act from time to time">RVAR” means any rail vehicle accessibility regulations made under section 46 of the 1995 Act from time to time;
“tramway” has the same meaning as in section 67(1) of the Transport and Works Act 1992.
Applications for exemption orders for rail vehicles3
1
Subject to paragraph (2), an application for an exemption order in respect of a rail vehicle—
a
may be made by—
i
the operator of the vehicle,
ii
the owner of the vehicle, or
iii
the relevant lessee of the vehicle;
b
must be submitted to the Secretary of State in writing; and
c
must contain the particulars specified in Schedule 1.
2
Before making an application under paragraph (1) the owner or relevant lessee of the rail vehicle must consult the operator of the vehicle, if a different person.
Applications for network exemption orders4
An application for a network exemption order—
a
may be made in respect of a network by a person having ownership or control of that network;
b
must be submitted to the Secretary of State in writing; and
c
must contain the particulars specified in Schedule 2.
Revocation5
The Rail Vehicle (Exemption Applications) Regulations 19988 are revoked.
Signed by authority of the Secretary of State for Transport