- accident
means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences;
- accreditation
has the meaning in Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;
- affected party
means for a document sent or issued in relation to—
- application for approval
means an application for approval made under regulation 5, 6 or 7 of ROTS;
- assessor
means any person who is competent to make an impartial and objective assessment of another person's competence or fitness to carry out safety critical work, and related expressions shall be construed accordingly;
- assimilated 2019 EU ECM Regulation
means Commission Implementing Regulation (EU) 2019/779 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011, as it has effect in the UK after IP completion day;
- building operation
means the— (a) construction, structural alteration, repair or maintenance of a building and “maintenance” shall include repointing, redecoration and external cleaning of the structure;
- bus
means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;
- cableway installation
means an installation made up of several components that— (a) is used or intended to be used for the purpose of providing an operational system for carrying persons in vehicles, on chairs or by towing devices;
- carriageway
has the same meaning as in the Highways Act 1980, or in Scotland the Roads (Scotland) Act 1984;
- causes
means actions, omissions, events or conditions, or a combination thereof, which led to the accident or incident;
- certification body
means a body responsible for the certification of entities in charge of maintenance, on the basis of the criteria in Part 3 of Schedule 10;
- common safety methods
(“CSMs”) means— (a) Commission Regulation (EU) No 1158/2010 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates;
- common safety targets
(“CSTs”) means the minimum safety levels that must be reached by the mainline railway system, or parts of the mainline railway system, expressed in risk categories as defined in paragraph 2 of Schedule 11;
- competent person
means, except for the purposes of Part 4, a person who— (a) has sufficient skills, knowledge, experience and resources to undertake the safety verification in relation to which he is appointed;
- conditions
means in relation to—
- controller of safety critical work
means any person controlling the carrying out of safety critical work on a transport system or in relation to a vehicle used on a transport system;
- cross-border service
means a service for the carriage of passengers or goods by way of the tunnel system;
- cross-border UK-issued ECM certificate
means a certificate issued in the United Kingdom to an entity in charge of maintenance by an accredited or recognised body or by a safety authority in accordance with the assimilated 2019 EU ECM Regulation;
- designated standard
has the meaning provided in Article 3A of Commission Implementing Regulation (EU) No 402/2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009, as it has effect in Great Britain;
- duty holder
means a transport operator referred to in paragraph (1).
- engineering possession
means a section of track which is closed to normal traffic and where the closure is for the purpose of carrying out maintenance which shall include any repair alteration, reconditioning, examination or testing of infrastructure;
- entity in charge of maintenance
means an entity in charge of maintenance of a vehicle, and includes a transport undertaking, an infrastructure manager or a keeper;
- factory
means a factory within the meaning of section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act applies;
- fatalities and weighted serious injuries
(“FWSIs”) means a measurement of the consequences of significant accidents combining fatalities and serious injuries, where 1 serious injury is considered statistically equivalent to 0.1 fatalities;
- fitness
means physical and mental fitness, and related expressions shall be construed accordingly;
- freight wagon
means a non-self-propelled-vehicle designed for the purpose of transporting freight or other materials to be used for activities such as construction or infrastructure maintenance;
- guided bus system
means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation— (a) travel along roads;
- guided transport
means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of— (a) rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle;
- incident
means any occurrence, other than an accident, associated with the operation of trains and affecting the safety of operation;
- infrastructure
means fixed assets used for the operation of a transport system which shall include, without prejudice to the generality of the foregoing— (a) its permanent way or other means of guiding or supporting vehicles;
- infrastructure manager
means the person who— (a) in relation to infrastructure other than a station, is responsible for developing and maintaining that infrastructure or, in relation to a station, the person who is responsible for managing and operating that station, except that it shall not include any person solely on the basis that he carries out the construction of that infrastructure or station or its maintenance, repair or alteration;
- installation
includes the installation, examination or testing of components;
- Interoperability Directive
means Directive 2008/57/EC of the European Parliament and of the Council of 17th June 2008 on the interoperability of the rail system within the Community (Recast);
- Interoperability Regulations
means the Railways (Interoperability) Regulations 2011;
- investigation
means a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriate, the making of safety recommendations;
- keeper
means the person who, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as being the keeper in the National Vehicle Register;
- level crossing users
means all persons using a level crossing to cross a railway line by any means of transportation or by foot;
- mainline application
means an application for— (a) a safety certificate or an amended safety certificate;
- mainline railway
means any railway except for any railway or part of a railway— (a) that the Office of Rail and Road determines in accordance with regulation 2A (determination of exclusion from the mainline railway) falls within one of the categories listed in paragraph (1) of that regulation;
- mainline railway system
means the mainline railway and the management and operation of the mainline railway as a whole;
- maintenance
includes repair work, reconditioning, examination, testing or alteration;
- maintenance file
means the written file that contains all the technical and management information that is necessary to carry out the maintenance of a vehicle;
- maintenance rules
means any rules, applicable in Great Britain, which set out requirements relating to the maintenance of vehicles;
- maintenance workshop
means a mobile or fixed entity composed of staff, including those with management responsibility, tools and facilities organised to deliver maintenance of vehicles, parts, components or sub-assemblies of vehicles;
- material
includes plant;
- military establishment
means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence;
- mine
has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;
- national reference value
(“NRV”) means a reference measure indicating the maximum tolerable level for a railway risk category;
- national safety authority
means one or both of the safety authority in Great Britain and the safety authority for the tunnel system;
- national safety rules
means any legislation and other requirements— (a) applicable in Great Britain;
- National Vehicle Register
means the register of vehicles authorised in Great Britain, required by regulation 36 of the Interoperability Regulations;
- non-mainline application
means an application for— (a) a safety certificate or an amended safety certificate;
- NTSN
means a National Technical Specification Notice published by the Secretary of State pursuant to regulation 3B of the Interoperability Regulations;
- operator
means any person carrying on an undertaking which includes a transport system or any part of it or the provision of transport services on such a system;
- operator of last resort
means a transport operator appointed by the Secretary of State to provide transport services in accordance with section 30 of the Railways Act 1993;
- others
means all persons who are not passengers, staff or employees including the staff of contractors, level crossing users or unauthorised persons on railway premises;
- Part A of a safety certificate
means that part of a safety certificate certifying the matters set out in regulation 7(4)(b)(i) and related expressions shall be construed accordingly;
- Part B of a safety certificate
means that part of a safety certificate certifying the matters set out in regulation 7(4)(b)(ii) and related expressions shall be construed accordingly;
- passenger train-km
means the unit of measure representing the movement of a passenger train over one kilometre;
- passenger-km
means the unit of measure representing the transport of one passenger by rail over a distance of one kilometre;
- placed in service
means when a vehicle or infrastructure, having been constructed, upgraded or renewed, is first operated in the provision of a transport service, and in ascertaining when this takes place no regard shall be had to any trials or testing that take place to the vehicle or infrastructure, and cognate expressions shall be construed accordingly;
- quarry
has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;
- railway
means a system of transport employing parallel rails which— (a) provide support and guidance for vehicles carried on flanged wheels;
- railway system
means the totality of the subsystems in Great Britain for structural and operational areas, as defined in paragraph 2(1) to 2(7) of Annex II to Directive 2008/57/EC, as well as the management and operation of the system as a whole;
- railway undertaking
means a public or private undertaking, licensed according to applicable legislation, the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking must ensure traction;
- Recast Safety Directive
means Directive (EU) 2016/798 of the European Parliament and the Council on railway safety (recast);
- release to service
means the assurance given to the fleet maintenance manager by the entity delivering the maintenance that maintenance has been delivered according to the maintenance orders;
- relevant infrastructure manager
means the infrastructure manager for any infrastructure used in relation to the operation in question;
- relevant infrastructure or vehicle
means any new or altered— (a) infrastructure;
- relevant transport operator
means another transport operator whose operation is capable of materially affecting the safety of the operation carried on by the first operator.
- requirements
means in relation to—
- responsible person
means in relation to any relevant infrastructure or vehicle, any person who— (a) has contracted with another person for the manufacture or construction by that other person of that infrastructure or vehicle;
- return to operation
means the assurance, based on a release to service, given to the user, such as a railway undertaking or a keeper, by the entity in charge of maintenance that all appropriate maintenance works have been completed and the wagon, previously removed from operation, is in a condition to be used safely, possibly subject to temporary restrictions of use.
- Review period
means—
- risk
means in Parts 1 and 2 a risk to the safety of a person;
- risk category
means one of the railway risk categories specified by Article 7(4)(a) and (b) of the Directive;
- risk to society as a whole
means the collective risk to all categories of persons listed in Article 7(4)(a) of the Directive;
- road
means in the definition of ” “guided bus system” and “tramway” – (a) in England and Wales, any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;
- rolling stock
has the meaning in section 83(1) of the Railways Act 1993;
- ROTS
means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994;
- safety authorisation
means a safety authorisation issued by the Office of Rail and Road in accordance with regulation 10 or 12;
- safety authority for the tunnel system
means the Intergovernmental Commission as defined in section 49(1) of the Channel Tunnel Act 1987;
- safety certificate
means a safety certificate issued by the Office of Rail and Road in accordance with regulation 7 or 9;
- safety critical task
means— (a) in relation to a vehicle used on a transport system— (i) driving, dispatching or any other activity which is capable of controlling or affecting the movement of that vehicle;
- safety critical work
means any safety critical task carried out by any person in the course of their work...on or in relation to a transport system and related expressions shall be construed accordingly;... • “telecommunications system” means any telecommunications system provided by a transport operator or its associated equipment, which is capable of controlling or affecting the movement of a vehicle, or which is provided by a transport operator for purposes which include calling the emergency services;
- safety enhancement plan
means a plan to implement the organisational structure, responsibilities, procedures, activities, capabilities and resources required to reduce the risk for one or more risk categories;
- safety management system
means the organisation and arrangements established by a transport operator to ensure the safe management of its operation;
- significant safety risk
means, in relation to new or altered infrastructure or a new or altered vehicle the design or construction of which incorporates significant changes compared to any infrastructure or vehicle already in use on the transport system, the capability of significantly increasing an existing safety risk or creating a significant safety risk to— (a) passengers on the transport system in question;
- staff or employees including the staff of contractors
means any persons whose employment is in connection with a railway and is at work at the moment of the accident;
- station
means a passenger stop, station or terminal on a transport system but does not include any permanent way or other means of guiding or supporting vehicles or plant used for signalling or exclusively for supplying electricity for operational purposes to a transport system;
- subsystem
has the same meaning as in the Interoperability Regulations;
- telecommunications system
means any telecommunications system provided by a transport operator or its associated equipment, which is capable of controlling or affecting the movement of a vehicle, or which is provided by a transport operator for purposes which include calling the emergency services;
- the Directive
means Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification as amended by— (a) the Interoperability Directive;
- track-km
means the length measured in kilometres of the railway network where each track of a multiple track railway line is to be counted;
- train
includes any rolling stock;
- train-km
means the unit of measure representing the movement of a train over one kilometre;
- tramway
means a system of transport used wholly or mainly for the carriage of passengers— (a) which employs parallel rails which— (i) provide support and guidance for vehicles carried on flanged wheels;
- transport operator
means any transport undertaking or infrastructure manager;
- transport system
means a railway, a tramway, or any other system using guided transport where that other system is used wholly or mainly for the carriage of passengers but a transport system does not include— (a) a guided bus system;
- transport undertaking
means any person who operates a vehicle in relation to any infrastructure but shall not include a person who operates a vehicle solely within an engineering possession;
- trolley vehicle system
means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);
- tunnel system
has the same meaning as in section 1(7) of the Channel Tunnel Act 1987;
- unauthorised persons on railway premises
means any persons present on railway premises where such presence is forbidden, with the exception of level crossing users;
- work
includes voluntary work.
- work of engineering construction
means the— (a) construction of any line or siding otherwise than on an existing transport system;