Citation and commencement

1. This Order may be cited as the Rail Vehicle Accessibility (Middleton Railway Drewry Car) Exemption Order 2002 and shall come into force on 22nd May 2002.

Interpretation

2. Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998( 2 ).

Application

3. This Order applies to the vehicle known as the Drewry Car number DB998901 (“the exempted vehicle”) as owned by the EM2 Locomotive Society and operated by the Middleton Railway Trust Limited.

Exemption

4. —(1) Subject to articles 5 and 6 the exempted vehicle is hereby authorised to be used for carriage even though it does not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).

(2) The provisions with which the exempted vehicle is not required to conform are—

(a) regulation 4(1);

(b) regulation 4(2);

(c) regulation 4(3);

(d) regulation 10(1)(b);

(e) regulation 11(1)(a);

(f) regulation 11(2)(a);

(g) regulation 11(3);

(h) regulation 12;

(i) regulation 13;

(j) regulation 16(1)(e);

(k) regulation 19(1);

(l) regulation 19(2);

(m) regulation 23(7)(b); and

(n) regulation 23(7)(d).

5. —(1) It is a condition of the exemption given by article 4(2)(a) and (e) that the operator shall provide, so far as is practicable, a person other than the driver who is available on the platform or in the exempted vehicle to assist ambulant disabled or visually impaired persons to board and alight from the exempted vehicle.

(2) It is a condition of the exemption given by article 4(2)(d) that the operator shall provide, so far as is practicable, a person other than the driver who is available in the exempted vehicle to assist the safe passage of visually impaired persons.

6. The authorisation granted by article 4(1) shall cease forthwith if the exempted vehicle is—

(a) operated by a person other than the Middleton Railway Trust Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or

(b) not operated on the Middleton Railway in Leeds.