(a)any reference to “the exempted vehicles” is a reference to the rail vehicles numbered 50393 to 50396, which form part of the fleet of diesel multiple-units numbered 170393 to 170396, as manufactured by Bombardier Transportation in the United Kingdom for use by Hull Trains Company Limited;
(b)any reference to a numbered regulation is a reference to the regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998;
(c)any reference to a diagram is a reference to the diagram bearing that number in the Schedule to those Regulations; and
(d)“priority seat” means a seat designated in accordance with regulation 8.
(1)Subject to articles 4 to 6, the exempted vehicles are authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations referred to in paragraph (2).
(2)Those provisions are—
(a)regulation 8(3), in so far as it requires a priority seat to comply with the specification in diagrams B2, B3 and B4 that the seat should have a maximum height of 460 millimetres from the floor; and
(b)regulation 14(b), in so far as it applies to the deployment of a folding nappy-changing table in any toilet cubicle to which regulation 20 applies.
It is a condition of the exemption granted by article 3(2)(a) that diagrams B2, B3 and B4 shall apply to the priority seats in the exempted vehicles as if for a maximum height of 460 millimetres from the floor there is substituted a maximum height of 490 millimetres from the floor.
The authorisation given by article 3(1) shall cease immediately in respect of any exempted vehicle if the diesel multiple-unit of which the exempted vehicle forms a part is operated by a person other than Hull Trains Company Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
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