Citation and Commencement

1. This Order may be cited as the Rail Vehicle Accessibility (East Hayling Light Railway Vehicles) Exemption Order 2002 and shall come into force on 7th March 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 ) and expressions used in those Regulations shall have the same meaning in this Order as they have in those Regulations.

Application

3. —(1) This Order applies to any rail vehicle of the types known as Coach Type A, B, C, D or E (“the exempted vehicles”) as built by East Hayling Light Railway Limited for its own use.

(2) In paragraph (1) above, any reference to a vehicle of a particular Coach Type is to a vehicle that complies with the specifications shown in the diagram relating to that type in the Schedule to this Order.

Exemption

4. —(1) Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.

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

(a) regulation 4(2);

(b) regulation 4(3);

(c) regulation 8(3);

(d) regulation 13;

(e) regulation 16(1)(a);

(f) regulation 16(1)(c);

(g) regulation 19(2); and

(h) regulation 19(5).

5. —(1) The exemption given by article 4(2)(e) in respect of regulation 16(1)(a)—

(a) only extends to Coach Types B, C and D; and

(b) only if any wheelchair space in Coach Types B, C or D is not less than 1,300 millimetres long measured in the transverse plane of that vehicle and not less than 750 millimetres wide measured in the longitudinal plane of that vehicle.

(2) It is a condition of the exemptions given by article 4 that the exempted vehicles shall not be operated between sunset and sunrise.

6. The authorisation shall cease forthwith in respect of an exempted vehicle that is—

(a) modified to use any form of electrical power supply; or

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

(c) not operated on Hayling Island in the County of Hampshire.

Article 3

Schedule