Rail vehicles first used, or belonging to a class first used, before 1st January 1999, or certain rail vehicles used on prescribed systems4.
(1)
This regulation applies to a rail vehicle first brought into use—
(a)
before 1st January 1999;
(b)
after 31st December 1998 which belongs to a class of rail vehicle first brought into use before 1st January 1999; or
(c)
after 31st December 1998 which is constructed or adapted to carry passengers on a prescribed system and which does not conform with the requirements of Part 1 of Schedule 1 when these Regulations come into force.
(2)
Subject to paragraphs (3) and (7), where after 5th October 2010 and before 1st January 2020 any refurbishment work described in column (2) of the table in Schedule 3 is carried out to a rail vehicle to which this regulation applies, the requirements of Part 1 of Schedule 1, which are indicated in column (3) of that table opposite the description of that work, apply in relation to that work.
(3)
Paragraph (2) does not apply to refurbishment work which—
(a)
only comprises like for like replacement;
(b)
is required to be carried out by a contract in writing entered into before 6th October 2010; or
(c)
is carried out in-house by the operator pursuant to an arrangement made in writing before 6th October 2010.
(4)
Subject to paragraph (7), on and after 1st January 2020 the requirements of Part 1 of Schedule 1 apply in relation to a rail vehicle to which this regulation applies.
(5)
Subject to paragraphs (6) and (7), where after 5th April 2011 any refurbishment work described in column (2) of the table in Schedule 4 is carried out to a rail vehicle to which this regulation applies, the requirements of Part 2 of Schedule 1, which are indicated in column (3) of that table opposite the description of that work, apply in relation to that work.
(6)
Paragraph (5) does not apply to refurbishment work which—
(a)
only comprises like for like replacement;
(b)
is required to be carried out by a contract in writing entered into before 6th April 2011; or
(c)
is carried out in-house by the operator pursuant to an arrangement made in writing before 6th April 2011.
(7)
Paragraphs (2), (4) and (5) are subject to any exemption order which applies to the rail vehicle.