Unauthorised access3

1

So far as is reasonably practicable, a person in control of any infrastructure of a transport system to which this regulation applies shall ensure, where and to the extent necessary for safety, that unauthorised access to that infrastructure is prevented.

2

In paragraph (1) “access” means access by any person not at work on the transport system or by any animal.

3

This regulation applies to any transport system except that it does not apply to any part of such a system which—

a

is within a harbour, harbour area, maintenance or goods depot; or

b

is part of a factory, mine or quarry,

where access to the harbour, harbour area, maintenance or goods depot, factory, mine or quarry is adequately controlled.

4

Breach of a duty imposed by this regulation shall not confer a right of action in any civil proceedings.