Statutory Rules of Northern Ireland

"approved" means approved for the time being in writing;

"buffer stop" means a buffer stop at the end of a passenger platform;

"the Department" means the Department for Regional Development;

"emergency crossover" means a connection between two railway tracks to enable trains to change tracks and which is used—

(a) in an emergency, or

(b) to enable engineering work to be carried out, in accordance with special procedures established by the infrastructure controller;

"excessive speed" in relation to—

(a) an approach to a stop signal means such speed as would prevent the train from stopping at that signal,

(b) an approach to part of the railway where there is a speed restriction, means such speed as would prevent the restriction from being complied with when the train enters that part, and for the purposes of this sub-paragraph a speed restriction shall be treated as being complied with if the speed of the train does not exceed the total of the permitted speed and such additional speed as may be approved by the Department for the purpose of this sub-paragraph;

"infrastructure controller" means a person who controls railway infrastructure;

"line speed" means the highest of the permitted speeds on the railway concerned;

"Mark 1 rolling stock" means rolling stock which has a structural underframe which provides its own longitudinal strength and has a passenger compartment created on the underframe which relies mainly on the underframe for its longitudinal strength;

"permitted speed" means the maximum speed permitted on the part of the railway concerned;

"railway" means a system of transport employing parallel rails which—

(a) provide support and guidance for vehicles carried on flanged wheels, and

(b) form a track which is of a gauge of at least 350 millimetres,

except that it does not include—

(a) any part which is located within a maintenance or goods depot, or

(b) such a system if on no part of it there is a line speed exceeding 25 miles per hour;

"railway infrastructure" means fixed assets used for the operation of a railway including its permanent way, plant used for signalling and stations;

"relevant approach" means an approach to a stop signal referred to in sub-paragraph (a)(i) of the definition of "train protection system" in this regulation except where a train travelling at the maximum speed it could attain on that approach would be stopped within the distance between the signal and the point where it could collide with another train by reason of the train protection system installed at the stop signal;

"rolling stock" means any carriage, wagon or other vehicle used on track and includes a locomotive;

"SAT" means the signal tool assessment developed and owned by Network Rail, used to assess the risk from train collision at signals protecting railway junctions in Great Britain and adapted for use in relation to railways in Northern Ireland;

"significant risk" means the level of risk in relation to train protection and advanced warning system fitment and means those stop signals identified using the SAT methodology which cumulatively scores to less than 80% of the total train protection and advanced warning system mitigable risk and at not less than 80% of the maximum train protection and advanced warning system safety benefit;

"suitable station" means a railway passenger station or terminal;

"speed restriction" means a permitted speed other than the line speed;

"stop signal" means a signal conveying to the driver of the train an instruction that he should stop the train except that it does not include—

(a) a signal provided for shunting purposes only;

(b) a hand signal; or

(c) a buffer stop;

"temporary speed restriction" means a speed restriction which is in place for no longer than 3 months and used in accordance with special procedures established by the infrastructure controller;

"train" means

(a) two or more items of rolling stock coupled together, at least one of which is a locomotive; or

(b) a locomotive not coupled to any other rolling stock;

except that it does not include track maintenance vehicles.

"train protection system" means equipment which—

(a) causes the brakes of the train to apply automatically if the train—


(i) passes without authority a stop signal, which has been assessed to contribute significant risk, such passing of which could cause the train to collide with another train, or

(ii) travels at excessive speed on a relevant approach



(b) is installed so as to operate at every stop signal referred to in sub-paragraph (a), and at an appropriate place on every relevant approach.

(a) Prohibit the operation of a train on a railway unless a train protection system as defined in regulation 2(1) is in service for that train and railway (regulation 3(1)).

(b) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme for the installation and the bringing into service of a train protection system has been approved by the Department and is being implemented (regulation 3(2)).

(c) Exclude specified railways from the prohibition referred to above if there is in service other equipment specified in the regulation (regulation 3(3)).

(d) Contain specified defences in respect of equipment which has been failed or been taken out of service because of a fault (regulation 3(4) and (5)).

(e) Require passengers to be detrained at the "first suitable station" if a train's train protection system becomes defective during a journey (regulation 3(6)).

(f) Prohibit the operation of a train on a railway unless an automatic warning system (as defined in regulation 4(1) is in service for that train and railway (regulation 4(2)).

(g) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme for the installation and the bringing into service of a train protection system has been approved by the Department and is being implemented (regulation 4(3)).

(h) Contain specified defences in respect of equipment which has failed or been taken out of service because of a fault (regulation 4(4)).

(i) Require passengers to be detrained at the "first suitable station" if a train's automatic warning system becomes defective during a journey (regulation 4(5)).

(j) Prohibit the operation of a train on a railway unless a suitable data recorder is installed for that train (regulation 5(1)).

(k) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme for the installation and bringing into use of suitable data recorders has been approved by the Department and is being implemented (regulation 5(2)).

(l) Prohibit the operation of Mark I rolling stock (as defined in regulation 2(1)),

(m) Provide that the prohibition above does not apply to any such stock which has been modified in a specified manner (regulation 6(3) and (4)),

(n) Exclude specified railways from the prohibition of Mark I rolling stock (regulation 6(1)).

(o) Prohibit the operation of rolling stock with hinged doors for use by passengers, except rolling stock exclusively operated other than for the carriage of fare paying passengers (regulation 7(1)).

(p) Provide that until 31^st December 2007 the prohibition above shall not apply if a programme to have vehicles with hinged doors rebodied or to have central locking installed has been approved by the Department and is being implemented. (regulation 7 (3)).

(q) Empower the Department concerned to grant exemptions from the Regulations (regulation 8).

(r) Empower the Department to enforce the Regulations (regulation 9).

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction to a fine not exceeding the statutory maximum (currently £5,000 or, on conviction on indictment, to a fine.

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34EC of 22 June 1998 (O.J. No. L204, 21. 7/98, p37) as amended by European Parliament Council Directive 98/48 of 20 July 1998 (O.J. No. L217, 5.8.98, p18) laying down a procedure for the provision of information in the field of technical standards regulations and of rules on Information Society services.