Appendix: Draft Rail Vehicle Accessibility (Interoperable rail system) Regulations 2008
Additional information from the Department for Transport
Which trains do the Regulations apply to?
1. The Regulations apply to rail vehicles which are used in the provision of passenger services on the interoperable rail system.
2. The interoperable rail system is not a legal term of art. It refers to the combination of the "high-speed rail system" and the "conventional TEN rail system" as defined in regulation 2 of the Railways (Interoperability) Regulations 2006 ("RIR"), which transpose the European Interoperability Directives. The definitions in RIR derive respectively from the definitions of:
(a) "trans-European high-speed rail system" set out in article 2(a) of EC Directive 96/48/EC (as amended) on the interoperability of the trans-European high-speed rail system; and
(b) "trans-European conventional rail system" set out in article 2(a) of EC Directive 2001/16/EC (as amended) on the interoperability of the trans-European conventional rail system.
The combination of the trans-European high-speed and conventional rail systems are known as the TEN ("trans European network"). The interoperable rail system refers to that part of the TEN which is in the UK and includes intercity lines in the UK and others such as the line to Holyhead.
The "high-speed rail system" and the "conventional TEN rail system" together represent about 70% (by track miles) of the national rail network.
3. The PRM TSI will only apply to passenger rail vehicles in service on the TEN. However, because virtually all heavy rail passenger vehicles in service in the UK operate at some point on the TEN, in practice virtually all heavy rail vehicles will be within scope of the PRM TSI when it comes into force.
4. The term "heavy rail" is used in the Explanatory Memorandum to describe normal sized trains, usually operating on the surface, segregated from roads, between centres of population (although the largest conurbations will have suburban heavy rail networks within them). Such vehicles are often described as using the "national rail network". Examples include intercity trains such as those operated by Virgin Trains, suburban systems such as MerseyRail, and regional networks such as Arriva Trains Wales.
5. What are not considered to be "heavy rail" are networks within cities such as tram systems (which are usually termed "light rail" and often operate alongside road traffic at some points) and lighter metro systems such as the Tyne and Wear Metro and Docklands Light Railway. London Underground and Glasgow Subway are also not considered to be "heavy rail". None of these "non-heavy rail" networks and operators are subject to the draft Regulations, nor are heritage and tourist networks which are separate from the national rail network. Here the existing domestic accessibility regime will remain in place instead.
6. The Technical Specification for Interoperability for Persons with Reduced Mobility ("PRM TSI") will apply to stations on the TEN and those rail vehicles which operate upon it. In reality, almost all those heavy rail vehicles which usually operate on that 30 per cent of the network which is not included within the TEN (such as rural branch lines and some suburban routes) operate for part of their passenger services along the TEN at times.
7. The Regulations are not required to introduce the PRM TSI, (as it will be applied through RIR), but the provisions are necessary to disapply existing domestic legislation to prevent the application of dual regulatory regimes for accessibility and to maintain the Government's commitment to an accessible rail fleet by 2020.
Who is covered by the PRM TSI?
8. The definition of "persons with reduced mobility" (PRM) is broader than the definition of "disabled person" used within the Disability Discrimination Act 1995 ("DDA 1995") under which the existing accessibility regime for rail vehicles was introduced. PRM covers all those who were considered to be disabled under the previous regime and includes:
wheelchair users;
other groups with mobility impairments including limb impairments, ambulant difficulties, those travelling with children, those travelling with heavy luggage, elderly people and pregnant women;
people with visual impairments;
people with hearing impairments;
people with communication impairments including those with sensory, psychological and intellectual impairments; and
people of small stature (including children).
9. Impairments can be long-term or temporary and may be visible or hidden. However, PRMs do not include people that are alcohol or drug dependent, unless their dependency has been caused by medical treatment. The term "persons with reduced mobility" is already in use in other European accessibility legislation, such as a recent regulation protecting the civil rights of PRMs on air transport[7].
10. The Government welcomes the inclusion of groups, such as pregnant women and older people, for whom provision could not be made under the Disability Discrimination Acts 1995 and 2005 due the ambit of those Acts.
What is DPTAC's view?
11. Consultation on the draft Regulations explained the broader scope of PRM but did not include a specific question requesting consultees' views on the definition since this is mandated at a European level. DPTAC did not express an opinion on this issue in its consultation response but discussions with Committee Members indicate that it welcomes the extension of rights under the PRM TSI to other groups.
Will the introduction of the PRM TSI represent a diminution of the current accessibility rules/standards?
12. Analysis of the draft standards in the PRM TSI indicates that most of its technical requirements are either equivalent or superior to existing domestic regulations. Indeed, much that was considered as best practice under the domestic regime (for example the avoidance of "squashed descenders" on electronic Passenger Information Systems) will, in future, be mandatory under the PRM TSI[8]. It is clear that the PRM TSI will represent a step change in the accessibility of continental European railways, and will build on the significant progress we have already made in the UK.
13. There are, however, a small minority of areas where the new standards to be achieved under the PRM TSI are less onerous than they would have been under existing domestic requirements. This reflects the necessity, when developing the PRM TSI, of agreeing access standards for the future with European partners for whom the move to the PRM TSI will be a more significant challenge. Most of these areas are changes to standardise the UK with components that are already in use elsewhere in Europe - the size and iconography of signage is a good example.
14. Areas of more significance are:
maximum permitted floor gradients within vehicles that exceed those that wheelchair users can traverse. However, as these were developed in order to permit slopes within double-deck vehicles, we do not believe that these are likely to occur in the UK, where trains are usually built with floors that are completely level;
a minimum clearway and doorway width for wheelchair users of 800mm (currently 850mm in domestic standards). However, this remains accessible to someone in a "reference wheelchair" (which is 700mm wide); and
the minimum duration and type of tone for door warnings may not be ideal.
15. We do not believe it would be lawful, under European Competition law, to set down in regulations rail vehicle access standards that are more onerous than those in the PRM TSI. This would, after all, defeat the object of standardising requirements across the Community. It would also be inconsistent with the recommendation of the 2006 Davidson Review on the Implementation of EU Legislation[9] that the UK should avoid embellishing European requirements.
16. However, as the PRM TSI is a set of minimum access standards, it will remain open to those procuring new stock (or upgrading existing vehicles) to specify a standard that is more demanding than that already within the PRM TSI if they so wish. Indeed, the Department recently specified a minimum on-board clearway of 850mm for wheelchair users on the trains forming part of its Intercity Express Programme.
17. We also intend to work with our European Union partners to raise the standards in the PRM TSI over time.
What will the new mechanism for granting exemptions be?
18. Under the RIR (reflecting the Interoperability Directives) limited scope is provided for granting exemptions. They may only be granted by a "Competent Authority" defined in regulation 2 of RIR as the Secretary of State for GB, the Intergovernmental Commission of the governments of the UK and France for the Channel Tunnel, and the Department of Regional Development for Northern Ireland.
19. Derogations may be granted where a vehicle construction or refurbishment project is at an advanced state of development or contracts have already been let when the PRM TSI was first published (published in the Official Journal of the European Union on 3 March 2008), (RIR reg 6(1)(a)). However the PRM TSI incorporates an automatic derogation (which fixes the material date as the date of entry into force of the PRM TSI, i.e. 1 July 2008 which renders this power superfluous). The TSI also contains some transitional provisions summarised in the footnote referred to in paragraph 4.1 of the Explanatory Memorandum.
20. The result is that, so far as new vehicles are concerned and subject to this exclusion and these transitional provisions, manufacturers must ensure that newly constructed heavy rail vehicles are fully compliant with the PRM TSI before they can enter service. There is no facility for granting an exemption/derogation to enable new trains to enter traffic while non-compliances are rectified as there is under the existing domestic regime.
21. However, there is also a mechanism to enable the Secretary of State to decide that individual parts of the PRM TSI need not apply to a renewal or upgrade of an existing rail vehicle (RIR reg. 5(8)). (Note regulation 4(6) of the draft S.I. corrects an omission to ensure that this power is not restricted to the conventional TEN rail system). This power would be available in the context of considering applications from train owners or operators for decisions as to whether and to what extent a refurbishment project proposed for an existing vehicle would trigger the need for an authorisation under RIR.
22. Consultation on the draft Regulations explained that the Department intends to use this mechanism on a case-by-case basis to allow minor non-compliances which do not materially affect accessibility to remain past the end date of 1 January 2020 (such as moving a control button by 50mm). Although it is not a requirement of the PRM TSI, the Department has stated publicly that it intends to consult with DPTAC and others (as appropriate) before making any decisions of this nature. The rail industry has previously welcomed the Department's pragmatic approach, while DPTAC understands the value of focussing effort on those non-compliances that really present a barrier to disabled people (such as provision of an effective Passenger Information System).
23. The RVAR exemption process will remain for light rail, metro and underground systems only and exemptions will continue to be granted by statutory instrument. The degree of Parliamentary scrutiny applied to exemption orders was increased as a result of powers in the Disability Discrimination Act 2005, at the request of Peers. Further changes to handling procedures will be implemented later in 2008.
May 2008
7 See www.dft.gov.uk/consultations/closed/consulcivilaviationreg07 for further information. Back
8 "Squashed descenders" are the lower parts of y, p, g etc, which, under RVAR can be pushed upwards into the main body of the text, making the word less legible to some people with dyslexia or learning disabilities. They are prohibited under the PRM TSI. Back
9 For more information and to download the Davidson Review Report, please see http://bre.berr.gov.uk/regulation/reviewing_regulation/davidson_review/. Back
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