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Clause 171: Special authorisations |
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555. This clause contains a power for the Secretary of State to authorise the use of a public |
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service vehicle in certain circumstances where such a vehicle may not meet the requirements |
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of regulations under clause 167. It also allows restrictions or conditions to be placed on the use |
| 5 |
| |
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556. This clause replicates the provisions contained in section 43 of the Disability |
| |
| |
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• A new design of vehicle, which does not conform to the current accessibility |
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regulations, is to be trialled The Secretary of State makes an order allowing the use of |
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the vehicle in a restricted environment, specifying the permitted areas and times of |
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operation, so that its performance can be tested. |
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Clause 172: Reviews and appeals |
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557. If the Secretary of State refuses to approve a vehicle as a “type vehicle”, this clause |
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allows the applicant to ask the Secretary of State to review of the decision on payment of a fee. |
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It also gives a right of appeal to the Secretary of State of any refusal to issue an accessibility or |
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approval certificate. It also allows the Secretary of State to set out the appeals procedure in |
| 20 |
| |
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558. This clause replicates the provisions contained in section 44 of the Disability |
| |
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• A vehicle manufacturer is refused approval of a new bus design as a “type vehicle”. |
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The manufacturer asks the Secretary of State to review the decision and pays the |
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required fee. The Secretary of State must review the decision and any supporting |
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written evidence or representations, and can confirm, vary or reverse the original |
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| 30 |
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|
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| |
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171 | Special authorisations |
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(1) | The Secretary of State may by order authorise the use on roads of— |
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(a) | a regulated public service vehicle of a class or description specified by |
| |
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(b) | a regulated public service vehicle which is so specified. |
| 5 |
(2) | Nothing in sections 167 to 170 prevents the use of a vehicle in accordance with |
| |
| |
(3) | The Secretary of State may by order make provision for securing that |
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provisions of PSV accessibility regulations apply to regulated public service |
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vehicles of a description specified by the order, subject to any modifications or |
| 10 |
exceptions specified by the order. |
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(4) | An order under subsection (1) or (3) may make the authorisation or provision |
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(as the case may be) subject to such restrictions and conditions as are specified |
| |
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(5) | Section 194(2) does not require an order under this section that applies only to |
| 15 |
a specified vehicle, or to vehicles of a specified person, to be made by statutory |
| |
instrument; but such an order is as capable of being amended or revoked as an |
| |
order made by statutory instrument. |
| |
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(1) | Subsection (2) applies if the Secretary of State refuses an application for the |
| 20 |
approval of a vehicle under section 170(1) and, before the end of the prescribed |
| |
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(a) | asks the Secretary of State to review the decision, and |
| |
(b) | pays any fee fixed under section 173. |
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(2) | The Secretary of State must— |
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(a) | review the decision, and |
| |
(b) | in doing so, consider any representations made in writing by the |
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applicant before the end of the prescribed period. |
| |
(3) | A person applying for an accessibility certificate or an approval certificate may |
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appeal to the Secretary of State against the refusal of a vehicle examiner to issue |
| 30 |
| |
(4) | An appeal must be made within the prescribed time and in the prescribed |
| |
| |
(5) | Regulations may make provision as to the procedure to be followed in |
| |
| 35 |
(6) | On the determination of an appeal, the Secretary of State may— |
| |
(a) | confirm, vary or reverse the decision appealed against; |
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(b) | give directions to the vehicle examiner for giving effect to the Secretary |
| |
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(7) | A power to make regulations under this section is exercisable by the Secretary |
| 40 |
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|
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559. This clause contains a power for the Secretary of State make fees regulations and to |
| |
charge fees in accordance with them for processing applications for approval as a “type |
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vehicle”, processing accessibility and approval certificates, issuing duplicate certificates and |
| 5 |
conducting reviews and appeals. Fees are not likely to be greater than the amount needed to |
| |
cover costs. The clause allows provision for repaying fees in whole or part in certain |
| |
circumstances, for example, on a successful appeal. |
| |
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560. This clause replicates the provisions contained in section 45 of the Disability |
| 10 |
| |
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• An applicant may have to pay a fee for accessibility and approval certificates for a |
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public service vehicle, to cover the cost of dealing with the application and inspection |
| |
| 15 |
Clause 174: Interpretation |
| |
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561. This clause explains the meaning of terms used in this chapter, for example, |
| |
“accessibility certificate”, “approval certificate”, “PSV accessibility regulations” and |
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“regulated public service vehicle”. |
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Clause 175: Rail vehicle accessibility regulations |
| |
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562. This clause includes powers for the Secretary of State to make regulations to ensure |
| |
that trains, trams and certain other guided transport systems are accessible to disabled people |
| 25 |
including wheelchair users. |
| |
563. However, due to the limited definition of “rail vehicle” used in this clause, its scope is |
| |
limited to rail vehicles which do not operate on the “interoperable rail system”. Regulations |
| |
made under this clause could therefore only be applicable for the most part to light rail |
| |
vehicles (those used on metro, underground and tram systems and prescribed modes of guided |
| 30 |
| |
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|
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| |
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(1) | The Secretary of State may charge such fees, payable at such times, as are |
| |
prescribed in respect of— |
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(a) | applications for, and grants of, approval under section 170(1); |
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(b) | applications for, and the issue of, accessibility certificates and approval |
| 5 |
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(c) | copies of such certificates; |
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(d) | reviews and appeals under section 172. |
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(2) | Fees received by the Secretary of State must be paid into the Consolidated |
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| 10 |
(3) | The power to make regulations under subsection (1) is exercisable by the |
| |
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(4) | The regulations may make provision for the repayment of fees, in whole or in |
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part, in such circumstances as are prescribed. |
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(5) | Before making the regulations the Secretary of State must consult such |
| 15 |
representative organisations as the Secretary of State thinks fit. |
| |
| |
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“accessibility certificate” has the meaning given in section 169(1); |
| |
“approval certificate” has the meaning given in section 170(4); |
| 20 |
“PSV accessibility regulations” has the meaning given in section 167(1); |
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“regulated public service vehicle” has the meaning given in section 167(3). |
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| |
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175 | Rail vehicle accessibility regulations |
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(1) | The Secretary of State may make regulations (in this Chapter referred to as “rail |
| |
vehicle accessibility regulations”) for securing that it is possible for disabled |
| |
| |
(a) | to get on to and off regulated rail vehicles in safety and without |
| |
| 30 |
(b) | to do so while in wheelchairs; |
| |
(c) | to travel in such vehicles in safety and reasonable comfort; |
| |
(d) | to do so while in wheelchairs. |
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|
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564. All rail vehicles must comply with accessibility standards, or have an appropriate |
| |
exemption in place, by no later than 1 January 2020. |
| |
565. Before making any regulations under this clause, the Secretary of State must first |
| |
consult with the Disabled Persons Transport Advisory Committee and other representative |
| |
| 5 |
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566. This clause replicates the provisions of section 46 of the Disability Discrimination Act |
| |
1995 as amended by the Disability Discrimination Act 2005. |
| |
| |
• All new rail vehicles introduced on metro, underground or tram systems, or prescribed |
| 10 |
modes of guided transport, will need to be fully accessible or seek an exemption |
| |
(under clause 176) if there are compelling circumstances which mean they cannot |
| |
| |
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|
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| |
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(2) | The regulations may, in particular, make provision as to the construction, use |
| |
and maintenance of regulated rail vehicles including provision as to— |
| |
(a) | the fitting of equipment to vehicles; |
| |
(b) | equipment to be carried by vehicles; |
| |
(c) | the design of equipment to be fitted to, or carried by, vehicles; |
| 5 |
(d) | the use of equipment fitted to, or carried by, vehicles; |
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(e) | the toilet facilities to be provided in vehicles; |
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(f) | the location and floor area of the wheelchair accommodation to be |
| |
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(g) | assistance to be given to disabled persons. |
| 10 |
(3) | The regulations may contain different provision— |
| |
(a) | as respects different classes or descriptions of rail vehicle; |
| |
(b) | as respects the same class or description of rail vehicle in different |
| |
| |
(c) | as respects different networks. |
| 15 |
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“network” means any permanent way or other means of guiding or |
| |
supporting rail vehicles, or any section of it; |
| |
“rail vehicle” means a vehicle constructed or adapted to carry passengers |
| |
on a railway, tramway or prescribed system other than a vehicle used |
| 20 |
in the provision of a service for the carriage of passengers on the high- |
| |
speed rail system or the conventional TEN rail system; |
| |
“regulated rail vehicle” means a rail vehicle to which provisions of rail |
| |
vehicle accessibility regulations are expressed to apply. |
| |
| 25 |
“conventional TEN rail system” and “high-speed rail system” have the |
| |
meaning given in regulation 2(3) of the Railways (Interoperability) |
| |
Regulations 2006 (S.I. 2006/397); |
| |
“prescribed system” means a system using a mode of guided transport |
| |
(“guided transport” having the same meaning as in the Transport and |
| 30 |
Works Act 1992) that is specified in rail vehicle accessibility |
| |
| |
“railway” and “tramway” have the same meaning as in the Transport and |
| |
| |
(6) | The Secretary of State must exercise the power to make rail vehicle accessibility |
| 35 |
regulations so as to secure that on and after 1 January 2020 every rail vehicle is |
| |
a regulated rail vehicle. |
| |
(7) | Subsection (6) does not affect subsection (3), section 176(1) or section 194(3)(a). |
| |
(8) | Before making regulations under subsection (1) or section 176 the Secretary of |
| |
| 40 |
(a) | the Disabled Persons Transport Advisory Committee, and |
| |
(b) | such other representative organisations as the Secretary of State thinks |
| |
| |
| |
|
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| |
| |
Clause 176: exemptions from rail vehicle accessibility regulations |
| |
| |
567. This clause contains a power for the Secretary of State to make orders (“exemption |
| |
orders”) authorising a regulated rail vehicle to be used in passenger service even though it |
| |
does not comply with accessibility standards, or the way it is to be used would not comply |
| 5 |
| |
568. It provides for regulations to specify who may apply for an exemption order, what |
| |
information needs to be supplied, how the exemption regime will operate, how long an |
| |
exemption order can apply and measures for revocation. This list is not exhaustive. |
| |
569. Before granting an exemption order, the Secretary of State must first consult with the |
| 10 |
Disabled Persons Transport Advisory Committee and such other persons as considered |
| |
| |
| |
570. This clause replicates the provisions of section 47 of the Disability Discrimination Act |
| |
1995 as amended by the Disability Discrimination Act 2005. |
| 15 |
| |
572. The exemption power can be used to exempt a specified rail vehicle, or a rail vehicle |
| |
of a specified description or the use of such a vehicle in specified circumstances. So, for |
| |
example, all the vehicles used on a particular network (such as a heritage or tourist railway or |
| |
tramway) could be exempted. |
| 20 |
Clause 177: Procedure for making exemption orders |
| |
| |
571. This clause provides that exemption orders made under clause 176 may, at the |
| |
discretion of the Secretary of State, be subject to either the draft affirmative resolution or the |
| |
negative resolution procedure. It sets out the procedure for the exercise of this discretion and |
| 25 |
enables regulations to be made setting out the criteria under which a decision will be made. |
| |
572. The Secretary of State is required to consult Disabled Persons Transport Advisory |
| |
Committee, and other appropriate persons, before making such regulations, which are |
| |
themselves subject to the draft affirmative resolution procedure. |
| |
| 30 |
573. This clause replicates section 67(5A) and 67A of the Disability Discrimination Act |
| |
1995 as inserted by the Disability Discrimination Act 2005 (and in force). |
| |
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|
