Dear [Redacted],
The Railways (Interoperability) Regulations 2011 – Class 153 EMR - 2020 accessibility deadline
Regulation 45 of the Railways (Interoperability) Regulations 2011
1 (RIR 2011) makes it unlawful for a passenger rail vehicle to be used in service on the trans-European rail system in the UK after 31 December 2019 unless it complies with the current or future versions of the Technical Specification for Interoperability - Persons with Reduced Mobility (PRM TSI) (and/or defined domestic accessibility standards
2) except to the extent that:
- a derogation from part of the PRM TSI has been granted under Regulation 14 of RIR 2011;
- a determination that part of the PRM TSI does not apply has been made under Regulation 13(8) of RIR 2011; or
- a dispensation that part of the PRM TSI does not apply has been granted under Regulation 46 of RIR 2011.
This is a dispensation (effective from the date of this letter) made under Regulation 46(4) of the RIR 2011, granting that the vehicles listed in Annex A, which form the trains known as Class 153 need not comply after 31 December 2019 with those parts of the PRM TSI 2008 listed in Annex B. This follows consultation with DPTAC3 and is subject to compliance with the following conditions:
- The dispensation applies to operation of the vehicles by East Midlands Railway only and restricts operation so that they are only scheduled to operate when coupled with compliant units - unless operated on the routes in Annex C;
- The existing level of accessibility standards compliance is maintained;
- The operator reports quarterly (from 1 January 2020 until the dispensation expires) to the Secretary of State to update on passenger satisfaction with the vehicles and progress on the replacement vehicle cascade from the timetable.
- The permission granted by this dispensation to East Midlands Railway expires at 23.59 on 31 December 2020.
For the avoidance of doubt, a separate derogation or determination made under point a) or b) above would be required for any vehicle listed in Annex A that undergoes an upgrade or renewal that requires an authorisation under RIR 2011 after this dispensation is granted.
I have copied this dispensation to Angel Trains Limited and the ORR for their information.
Yours sincerely,
Peter Wilkinson
signed by the authority of the Secretary of State
Annex A
Units
153302
153308
153318
153319
153355
153357
153368
153372
153374
153382
Annex B
Omitted for brevity.
Annex C
- Doncaster to Peterborough
- Newark to Grimsby
- Derby to Crewe
- SI 3066/2011
- The Rail Vehicle Accessibility (Northern Ireland) Regulations 2001 or Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010
- The Disabled Persons' Transport Advisory Committee