The Railways and Other Guided Transport Systems (Safety) Regulations 2006

Safety certificateU.K.

7.—(1) An application for a first safety certificate in respect of an operation shall—

(a)be made to the [F1Office of Rail and Road];

(b)subject to regulation 17(1) and (2), include the information set out in—

(i)Part 1 of Schedule 2 in respect of a mainline application; and

(ii)Part 2 of Schedule 2 in respect of a non-mainline application; and

(c)if it is a mainline application, clearly indicate in respect of which part of the safety certificate any information is provided.

(2) [F2Subject to paragraph 2A,] where—

(a)an applicant sends to the [F1Office of Rail and Road] in relation to a mainline application the matters specified in paragraphs 1(a) and 1(b)(i) of Schedule 2; and

(b)the [F1Office of Rail and Road] is satisfied that the certificate in question is for an equivalent operation to that in respect of which the application is made,

then that certificate shall be deemed to be Part A of the safety certificate for the operation in respect of which the application is made.

[F3(2A) Where in accordance with paragraphs (1) and (2) of this regulation, the applicant has at any time before, on or after exit day submitted a copy of the certificate referred to in paragraph 1(b)(i)(bb) of Schedule 2, that certificate shall cease to be deemed to be Part A of the safety certificate after the second anniversary of exit day and no such certificate submitted after that anniversary shall be deemed to be Part A of the safety certificate.]

(3) Subject to regulation 17(7), within four months of the date of receipt of the application, the [F1Office of Rail and Road] shall—

(a)issue a safety certificate for the operation in question; or

(b)notify the applicant that it has refused the application,

and in either case shall give reasons for its decision.

(4) A safety certificate shall—

(a)specify the type and extent of the operation in respect of which it is issued; and

(b)certify acceptance by the [F1Office of Rail and Road] that the applicant has provided sufficient evidence—

(i)subject to paragraph (2), to demonstrate that the safety management system of the applicant meets the requirements set out in regulations 5(1) to (4) in respect of a mainline application or regulation 6 in respect of a non-mainline application; and

(ii)of the provisions adopted by the applicant to meet the requirements that are necessary to ensure safe operation on the transport system in question,

and reference the information on which such acceptance is based; and

(c)be valid for no longer than five years from the date of issue and the period of validity shall be indicated in the safety certificate and where Part A of the certificate is deemed to be such a Part A in accordance with regulation 7(2) that period shall expire on or before the date of expiry of the certificate which is deemed to be the Part A.

(5) In paragraph (4)(b)(ii) “requirements” means in relation to—

(a)a mainline application, the [F4NTSNs], national safety rules and other safety requirements referred to in paragraph 2(a) of Schedule 2; and

(b)a non-mainline application, the relevant statutory provisions, technical specifications and procedures referred to in paragraph 5 of Schedule 2.