9.—(1) A person who proposes the placing in service of a structural subsystem that conforms to the description in a determination of type, as modified under regulation 8(5) if applicable, may make an application for an authorisation to the Safety Authority.
(2) An application must be in writing and be accompanied by—
(a)a declaration by the project entity that the structural subsystem conforms to the description set out in the determination of type;
(b)a statement as to whether there have been any changes to the applicable TSI or notified national technical rules since the Safety Authority made or modified the determination of type; and
(c)if there are any such changes, a description of them.
(3) The Safety Authority must consider any application made under and in accordance with paragraphs (1) and (2) and must, and may only, issue an authorisation where it is satisfied that—
(a)the project subsystem conforms to the description set out in the determination of type;
(b)there have been no changes to the applicable TSI or notified national technical rules since the Safety Authority made or modified the determination of type which are material to the application; and
(c)the project subsystem has been so designed, constructed and installed as to meet the essential requirements relating to that subsystem when placed in service.
(4) Subject to regulation 10, regulations 5(2) and (4) and 7(2) do not apply to an application for an authorisation under this regulation.
(5) If the application is for a vehicle the declaration referred to in paragraph (2)(a) must be consistent with Commission Regulation (EU) No. 201/2011 of 1st March 2011 on the model of declaration of conformity to an authorised type of railway vehicle M1.
(6) In this regulation “conforms” means conforms in all the respects which materially affect compliance with the applicable essential requirements.
Marginal Citations
M1O.J. No. L 57, 2.3.2011, p8.