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Statutory Instruments

2008 No. 2969

Disabled Persons

Transport

The Rail Vehicle Accessibility (London Underground Victoria Line 09TS Vehicles) Exemption Order 2008

Made

14th November 2008

Coming into force

15th November 2008

The Secretary of State makes the following order in exercise of the powers conferred by sections 47(1), (1A), (3)(a) and (4) and 67(2) of the Disability Discrimination Act 1995( 1 ).

In accordance with section 47(3) of that Act the Secretary of State has consulted the Disabled Persons Transport Advisory Committee( 2 ) and such other persons as the Secretary of State considers appropriate.

In accordance with sections 67(5A) and 67A( 3 ) of that Act, a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1. This Order may be cited as the Rail Vehicle Accessibility (London Underground Victoria Line 09TS Vehicles) Exemption Order 2008 and shall come into force on the day after the day on which it is made.

Interpretation

2. In this Order—

exempt vehicle” means a rail vehicle of the type known as Victoria Line 2009 Tube Stock (09TS) and with a number in the series 11001 to 11094, 12001 to 12094, 13001 to 13094 or 14001 to 14094;

regulation” means a regulation in the Rail Vehicle Accessibility Regulations 1998( 4 );

step-free access” means access from the station entrance to platform level without the use of stairs or escalators;

Victoria Line” means the London Underground route between Walthamstow Central and Brixton stations.

Exemption

3. Subject to article 4, an exempt vehicle is authorised to be used for carriage on the Victoria Line even if it does not conform to, or it is used in a manner that does not conform to the requirements of—

(a) regulation 4(3)(b) (audible warning before door closes), but only in respect of the period of time for which the distinct sound should be emitted before the door starts to close;

(b) regulation 13(4) (passenger information when vehicle is stationary), but only in so far as it applies to the systems inside the passenger saloon;

(c) regulation 13(7) (height of lettering on visual public address systems), but only in so far as it applies to the visual system inside the passenger saloon;

(d) regulation 23(1) (boarding devices at wheelchair compatible doorways), but only in relation to a station named in the table in Schedule 2 or at Pimlico station.

Conditions

4. —(1) The exemption from regulation 4(3)(b) only applies if the audible warning device emits a different distinct sound commencing at least 1.75 seconds before the door starts to close.

(2) The exemption from regulation 13(4) only applies if—

(a) whilst the vehicle is stationary at a station, the systems inside the passenger saloon are used to announce that the vehicle is a Victoria Line train and at least one of the following items of information—

(i) the destination of the vehicle;

(ii) the next stop;

(b) where under paragraph (2)(a) no announcement is made at a station as to the destination of the vehicle, that information is provided after leaving the station and before the vehicle stops at the next station;

(c) where under paragraph (2)(a) no announcement is made at a station as to the next stop, that information is provided after leaving the station and before the vehicle stops at the next station.

(3) The exemption from regulation 13(7) only applies if—

(a) the system for visual announcements displays characters in a font which is used, as at the date this Order is made, in the digital font technology known as TrueType( 5 );

(b) all letters and numbers contrast with their background;

(c) all letters and numbers are consistent with the table in Schedule 1, so that—

(i) the height of upper case letters and numbers is at least the minimum height indicated in the relevant row of the second column of that table, and

(ii) the height of lower case letters is at least the minimum height indicated in the relevant row of the third column of that table,

where the relevant row is determined by the type of information displayed as indicated in the first column of that table; and

(d) the maximum viewing distance in a passenger saloon to the nearest visual announcement in the saloon is no greater than 3 metres.

(4) The exemption from regulation 23(1) only applies—

(a) in relation to a station named in the table in Schedule 2, until the end of the day indicated against its name in that table; and

(b) in relation to Pimlico station, until step-free access is provided at that station.

Expiry

5. The exemptions from regulations 4(3)(b), 13(4) and 13(7) expire at the end of 31st December 2013.

Signed by authority of the Secretary of State for Transport

Andrew Adonis

Minister of State

Department for Transport

14th November 2008

Article 4(3)(c)

SCHEDULE 1

Letter and number heights on visual announcement systems inside the passenger saloon

Type of information displayed Minimum upper case letter and number height Minimum lower case letter height
Station names where given as the destination of the vehicle or the next station:
Brixton 35mm 25.4mm
Euston 35mm 25.4mm
Pimlico 35mm 25.4mm
Stockwell 35mm 25.4mm
Vauxhall 35mm 25.4mm
Victoria 35mm 25.4mm
Blackhorse Road 25mm 18.1mm
Finsbury Park 25mm 18.1mm
Green Park 25mm 18.1mm
Highbury & Islington 25mm 18.1mm
King’s Cross St. Pancras 25mm 18.1mm
Oxford Circus 25mm 18.1mm
Seven Sisters 25mm 18.1mm
Tottenham Hale 25mm 18.1mm
Walthamstow Central 25mm 18.1mm
Warren Street 25mm 18.1mm
Emergency information 13.5mm 9.8mm
All other information 11mm 8.1mm

Articles 3(d) and 4(4)(a)

SCHEDULE 2

Station Exemption applies until the end of
King’s Cross St. Pancras 31st December 2009
Stockwell 31st December 2011
Vauxhall 31st December 2011
Finsbury Park 31st December 2012
Green Park 31st December 2012
Highbury & Islington 31st December 2012
Blackhorse Road 31st August 2013
Euston 31st August 2013
Oxford Circus 31st August 2013
Seven Sisters 31st August 2013
Victoria 31st August 2013
Walthamstow Central 31st August 2013
Warren Street 31st August 2013
( 1 )

1995 c. 50 . Section 47(1) and (1A) was inserted by section 6(3) of the Disability Discrimination Act 2005 (c. 13) .

( 2 )

The Disabled Persons Transport Advisory Committee was established under section 125 of the Transport Act 1985 (c. 67) and has a statutory duty to provide the Government with advice on the transport needs of disabled people.

( 3 )

Section 67(5A) was inserted by section 19(1) and Schedule 1, Part 1, paragraph 33(5) of the Disability Discrimination Act 2005; section 67A was inserted by section 6(4) of that Act. The Secretary of State has no discretion as to the type of parliamentary procedure to be used if no regulations made under section 67A(3) are in force. No such regulations are in force.

( 4 )

S.I. 1998/2456 as amended by S.I. 2000/3215 ; there is another amending instrument which is not relevant.

( 5 )

TrueType is a trademark of Apple Inc., registered in the United States of America and other countries.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Rail Vehicle Accessibility (London Underground Victoria Line 09TS Vehicles) Exemption Order 2008 (2008/2969)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
exempt vehicleart. 2.exempt_veh_rtp7MJd
regulationart. 2.regulation_rtIUvwm
step-free accessart. 2.step-free__rtSd9Bo
Victoria Lineart. 2.Victoria_L_rtLw1Jv
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Rail Vehicle Accessibility (London Underground Victoria Line 09TS Vehicles) Exemption Order 2008 2008 No. 2969 Order revoked The Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Victoria Line 09TS Vehicles) Exemption Order 2013 2013 No. 3318 art. 6 Not yet
The Rail Vehicle Accessibility (London Underground Victoria Line 09TS Vehicles) Exemption Order 2008 2008 No. 2969 Order continued under new enabling powers in 2010 c. 15 The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 2010 No. 2317 art. 21 Sch. 7 Not yet

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The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.