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[F1SCHEDULE 11A (see regulations 76(1A), 77(2A) and [F280(2B)])E+W+SEXEMPTIONS RELATING TO COMBINED TRANSPORT OPERATIONS

Textual Amendments

PART IVE+W+SINTERPRETATION

9.—(1) In this Schedule—E+W+S

“bi–modal vehicle” means a semi–trailer which can be adapted for use as a railway vehicle;

“journey”, except in sub–paragraph (3), means a journey by road;

“loading unit” means a bi–modal vehicle [F3, road-rail semi-trailer] or a relevant receptacle;

“railhead” means a facility for the transhipment of—

(a)

bi–modal vehicles from the ground onto the track of a railway, or

(b)

relevant receptacles from road vehicles onto railway vehicles situated on the track of a railway, [F4or,

(c)

road-rail semi-trailers from the ground onto railway vehicles on the track of a railway,]

or vice versa;

“relevant contract” means a contract for the transport of a loading unit by railway;

“relevant receptacle” means a receptacle (not being a vehicle) having a length of at least 6.1m designed and constructed for repeated use for the carriage of goods on, and for transfer between, road vehicles and railway vehicles;

[F5“road-rail semi-trailer” means a semi-trailer constructed or adapted so as to be capable of being both used as a semi-trailer on roads and carried on a railway vehicle;]

“road friendly suspension” and “twin tyres” have the meanings given by regulation 75; and

“network”, “network licence”, “railway vehicle”, “track” and “train” have the meanings given by section 83 of the Railways Act 1993.

(2) The definition of “railway” in section 67(1) of the Transport and Works Act 1992 shall have effect for the purposes of this Schedule as it has effect for the purposes of that Act, and cognate expressions shall be construed accordingly.

(3) In these Regulations, a reference to a combined transport operation is a reference to the transport of a loading unit on a journey where—

(a)part of the journey is by railway on a network operated by the British Railways Board or under a network licence;

(b)part of the journey is by road; and

(c)no goods are added to or removed from the loading unit between the time when the journey begins and the time when it ends.

(4) Subject to sub–paragraph (5), for the purposes of this Schedule—

(a)a bi–modal vehicle shall be regarded as being transported by railway in a relevant manner if and only if the vehicle in its railway vehicle mode is travelling by railway as part of a train; F6...

(b)a relevant receptacle shall be regarded as being transported by railway in a relevant manner if and only if it is being carried on a railway vehicle which forms part of a train, [F7and

(c)a road-rail semi-trailer shall be regarded as being transported by railway in a relevant manner if and only if it is being carried on a railway vehicle which forms part of a train.]

(5) A relevant receptacle shall be regarded, for the purposes of this Schedule, as not being transported by railway in a relevant manner at any time when—

(a)the relvant receptacle is in or on a motor vehicle or trailer; and

(b)the motor vehicle or trailer is being carried on a railway vehicle.

[F8(6) A road-rail semi-trailer shall be regarded, for the purposes of this Schedule, as not being transported by railway in a relevant manner at any time when it is being carried on a railway vehicle as part of an articulated vehicle.]]

Textual Amendments