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2002 No. 1188

DISABLED PERSONS

TRANSPORT

The Rail Vehicle Accessibility (Middleton Railway Drewry Car) Exemption Order 2002

  Made 25th April 2002 
  Laid before Parliament 30th April 2002 
  Coming into force 22nd May 2002 

The Secretary of State, in exercise of the powers conferred upon him by section 47(1), (3) and (4) of the Disability Discrimination Act 1995[1], having consulted the Disabled Persons Transport Advisory Committee and such other persons as he considered appropriate in accordance with section 47(3) of that Act, hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Rail Vehicle Accessibility (Middleton Railway Drewry Car) Exemption Order 2002 and shall come into force on 22nd May 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].

Application
     3. This Order applies to the vehicle known as the Drewry Car number DB998901 ("the exempted vehicle") as owned by the EM2 Locomotive Society and operated by the Middleton Railway Trust Limited.

Exemption
    
4.  - (1) Subject to articles 5 and 6 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 - 

     5.  - (1) It is a condition of the exemption given by article 4(2)(a) and (e) that the operator shall provide, so far as is practicable, a person other than the driver who is available on the platform or in the exempted vehicle to assist ambulant disabled or visually impaired persons to board and alight from the exempted vehicle.

    (2) It is a condition of the exemption given by article 4(2)(d) that the operator shall provide, so far as is practicable, a person other than the driver who is available in the exempted vehicle to assist the safe passage of visually impaired persons.

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



Signed by authority of the Secretary of State for Transport, Local Government and the Regions


Sally Keeble
Parliamentary Under Secretary of State, Department for Transport, Local Government and the Regions

25th April 2002



EXPLANATORY NOTE

(This note is not part of the Order)


This Order authorises the use of the vehicle known as the Drewry Car DB998901 on the Middleton Railway in Leeds even though it does not comply with certain requirements of the Rail Vehicle Accessibility Regulations 1998 (S.I. 1998/2456 as amended by S.I. 2000/3215) because:

This Order also imposes conditions on the authorisation.


Notes:

[1] 1995 c. 50.back

[2] S.I. 1998/2456, as amended by S.I. 2000/3215.back



ISBN 0 11 039894 7


  Prepared 7 May 2002


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20021188.html