3.—(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.