Citation and commencement

1. This Order may be cited as the Rail Vehicle Accessibility (Summerlee Tramcar No. 392) Exemption Order 2002 and shall come into force on 15th December 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 do in those Regulations.

Application

3. This Order applies to the vehicle known as the Summerlee Tramcar number 392 (“the exempted vehicle”) as owned by the Summerlee Transport Group and operated by North Lanarkshire Council in the Summerlee Heritage Park in Glasgow.

Exemption

4. —(1) Subject to articles 5 to 7 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;

(b) regulation 6(1)(c);

(c) regulation 6(1)(d);

(d) regulation 6(1)(e);

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

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

(g) regulation 11(3)(a);

(h) regulation 11(3)(d);

(i) regulation 13;

(j) regulation 16(1)(b);

(k) regulation 16(1)(c);

(l) regulation 16(1)(d);

(m) regulation 16(1)(e);

(n) regulation 18;

(o) regulation 19(1);

(p) regulation 19(5); and

(q) regulation 23(4)(g).

Conditions

5. It is a condition of the exemption given by article 4(2)(k) in respect of regulation 16(1)(c) that restraints are fitted to the floor of the exempted vehicle in the wheelchair space to prevent a reference wheelchair from moving or tipping whilst the vehicle is in operation.

6. It is a condition of the exemption given by article 4(2)(q) in respect of regulation 23(4)(g) that the operator shall ensure that the person authorised to operate the lift in accordance with regulation 23(4)(h) is positioned and equipped so as to be able to stop the movement of the lift-platform if it comes into contact with any thing or person whilst it is in motion.

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

(a) operated by a person other than the North Lanarkshire Council; or

(b) operated in a place other than the Summerlee Heritage Park in Glasgow,

unless the Secretary of State has been given written notice in advance specifying the name and address of that other person or place.