Railway Safety (Miscellaneous Provisions) Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/553 |
| Year | 1997 |
1997 No. 553
HEALTH AND SAFETYTRANSPORT
The Railway Safety (Miscellaneous Provisions) Regulations 1997
Made 28th February 1997
Laid before Parliament 10th March 1997
Coming into force 10th May 1997
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a) and (6)(a) and (b), 18, 47(2) and 82(3)(a) of, and paragraphs 1(1)(c) and 18(a) of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”) and of all other powers enabling him in that behalf, and for the purpose of giving effect without modifications to the proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 53(3) of that Act, hereby makes the following Regulations—
Citation and commencement
1. These Regulations may be cited as the Railway Safety (Miscellaneous Provisions) Regulations 1997 and shall come into force on 10th May 1997.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“1992 Act” means the Transport and Works Act 19922;
“1994 Regulations” means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 19943;
“construction work” has the meaning assigned to it by regulation 2(1) of the Construction (Design and Management) Regulations 19944;
“factory” means a factory within the meaning of section 175 of the Factories Act 19615and premises to which section 123(1) or (2) or 125(1) of that Act applies;
“harbour” and “harbour area” have the meanings assigned to them by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 19876;
“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 19547;
“prescribed system of guided transport” means a system using a mode of guided transport prescribed by regulation 3 of the 1994 Regulations;
“railway” has the meaning assigned to it by section 67(1) of the 1992 Act;
“station” means a passenger station or terminal of a transport system but does not include any permanent way or plant used for signalling or exclusively for supplying electricity for operational purposes to the transport system;
“street” has the meaning assigned to it by section 67(1) of the 1992 Act;
“train of vehicles” means two or more vehicles attached to each other;
“tramway” has the meaning assigned to it by section 67(1) of the 1992 Act;
“transport system” means a railway, tramway or prescribed system of guided transport, except that it does not include any part of such a system which—
(a) employs parallel rails forming a track of a gauge of less than 920 millimetres and is—
(i) part of a factory;
(ii) within a maintenance or goods depot;
(b) employs parallel rails forming a track of a gauge of less than 1.432 metres and is above ground at a mine or quarry;
(c) is below ground at a mine;
(d) runs along and at the same level as a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
(e) is used solely for the purpose of carrying out construction work;
“vehicle” means a vehicle which is being used on a transport system and includes a mobile traction unit.
(2) Any reference in these Regulations to the infrastructure of a transport system is a reference to the fixed assets used for the operation of the transport system including its permanent way and plant used for signalling or exclusively supplying electricity for operational purposes to the transport system, but does not include a station.
(3) Any reference in these Regulations to a person in control of any infrastructure of a transport system is a reference to a person who, in the course of a business or other undertaking carried on by him (whether for profit or not), is in operational control of that infrastructure, except that where such control is for the time being exercised by a person undertaking maintenance, repair or alteration work on the infrastructure, it is a reference to a person who would be in operational control of the infrastructure if such work were not being undertaken.
(4) Any reference in these Regulations to a person operating a vehicle is a reference to the person operating the vehicle for the time being in the course of a business or other undertaking carried on by him (whether for profit or not), but it does not include a self-employed person by reason only that he himself drives or otherwise controls the movement of a vehicle.
(5) Any reference in these Regulations to the maintenance of any equipment is a reference to—
(a)
(a) the maintenance of that equipment in an efficient state, in efficient working order and in good repair; and
(b)
(b) where appropriate, subjecting that equipment to a suitable system of maintenance.
Unauthorised access
3.—(1) So far as is reasonably practicable, a person in control of any infrastructure of a transport system to which this regulation applies shall ensure, where and to the extent necessary for safety, that unauthorised access to that infrastructure is prevented.
(2) In paragraph (1) “access” means access by any person not at work on the transport system or by any animal.
(3) This regulation applies to any transport system except that it does not apply to any part of such a system which—
(a)
(a) is within a harbour, harbour area, maintenance or goods depot; or
(b)
(b) is part of a factory, mine or quarry,
where access to the harbour, harbour area, maintenance or goods depot, factory, mine or quarry is adequately controlled.
(4) Breach of a duty imposed by this regulation shall not confer a right of action in any civil proceedings.
Means of communication
4. The operator of a vehicle which is being used for the carriage of fare paying passengers shall ensure that there is provided and maintained on such a vehicle suitable and sufficient means whereby passengers can communicate with a person who is in a position to take appropriate action in the event of an emergency.
Measures to prevent collisions and derailments
5.—(1) A person in control of any infrastructure of a transport system shall ensure, so far as is reasonably practicable, that—
(a)
(a) appropriate procedures are in place;
(b)
(b) where appropriate, equipment which is suitable and sufficient is provided and maintained,
for the purpose of preventing any of the events referred to in paragraph (2).
(2) The events referred to in paragraph (1) are—
(a)
(a) collisions between vehicles;
(b)
(b) collisions between vehicles and buffer-stops;
(c)
(c) the derailment of vehicles on account of excessive speed or incorrectly set points.
Brakes
6. The operator of a vehicle shall ensure that a suitable and sufficient braking system is provided and maintained for that vehicle and, where the vehicle is part of a train of vehicles, for that train of vehicles.
Accidents to persons at work from moving vehicles
7.—(1) A person to whom this regulation applies shall ensure, so far as is reasonably practicable and insofar as they are matters within his control, that—
(a)
(a) appropriate procedures are in place;
(b)
(b) where appropriate, equipment which is suitable and sufficient is provided and maintained,
for the purpose of preventing any person at work on a transport system from being struck by, or falling from, a moving vehicle.
(2) This regulation applies to—
(a)
(a) a person in control of any infrastructure of a transport system;
(b)
(b) an operator of a vehicle;
(c)
(c) an employer of a person at work on a transport system;
(d)
(d) a self-employed person as it applies to an employer and...
To continue reading
Request your trial