Citation and commencement

1. This Order may be cited as the Rail Vehicle Accessibility (Seaton Tramway Tramcars 9, 10 and 11) Exemption Order 2004 and shall come into force on 29th May 2004.

Interpretation

2. In this Order—

(a) any reference to “the exempted vehicles” is a reference to the rail vehicles numbered 9, 10 and 11, built by Bolton Trams in Lancashire, for use by Modern Electric Tramways Limited on the Seaton Tramway in Devon; and

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

Authorisation and exemption

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

(2) Those provisions are—

(a) regulation 6(3), in so far as it applies to a step between the gangway on the upper deck and the footwells of the seats;

(b) regulation 8;

(c) regulation 10(1)(b);

(d) regulation 11(1)(b);

(e) regulation 11(3);

(f) regulation 13(1);

(g) regulation 13(4);

(h) regulation 13(5);

(i) regulation 13(6);

(j) regulation 13(8);

(k) regulation 13(9); and

(l) regulation 23(7)(b), in so far as it requires the width of the portable access ramp to be not less than 800 millimetres at any point.

Condition

4. It is a condition of the exemption given by article 3(2)(l), in respect of regulation 23(7)(b), that the width of the portable access ramp shall be not less than 710 millimetres at any point.

Expiry

5. The authorisation given by article 3(1) shall cease immediately in respect of an exempted vehicle if it is–

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

(b) operated on a route other than the Seaton Tramway in Devon.