PART 7Supplementary
Deemed authorisation44
1
Subject to paragraph (4), a vehicle to which this paragraph applies is deemed—
a
to have been authorised under these Regulations; and
b
to have been assessed against the requirements of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 M1, as notified national technical rules, for the purposes of that authorisation.
2
Subject to paragraph (3), paragraph (1) applies to a vehicle which—
a
is constructed or adapted to transport passengers; and
b
was first brought into use after 31st December 1998 and before 1st August 2006; and
c
is used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain.
3
Paragraph (1) does not apply to—
a
a vehicle to the extent that immediately before 7th July 2008 the vehicle—
i
was authorised or treated as having been authorised under the Railways (Interoperability) Regulations 2006 M2; and
ii
had been assessed against the Rail Vehicle Accessibility Regulations 1998 M3 as in force when the unit was assessed for that authorisation; or
b
a vehicle which belongs to a class of vehicles first brought into use on or before 31stDecember 1998.
4
The deeming provisions of paragraph (1) do not apply for the purposes of—
a
regulation 45; and
b
regulation 4(1) in so far as that regulation applies in relation to any upgrading or renewal of a vehicle to which paragraph (2) applies.