The Railway Safety Regulations 1999

Regulation 2(1)

THE SCHEDULEMEANING OF RAILWAY

1.  “Railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels and form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level), except that it does not include–

(a)a tramway;

(b)any part which runs along and at the same level as a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

(c)any part where the permitted speed is such as to enable the driver to stop the train in the distance he can see ahead in clear weather conditions;

(d)any part normally used other than for the carriage of fare paying passengers; or

(e)such a system if on no part of it there is a line speed exceeding 25 miles per hour.

2.  In this Schedule–

• “carriageway” has the same meaning as in the Highways Act 1980(1) or in Scotland, the Roads (Scotland) Act 1984(2);

• “street” means–

  (a)

  in England and Wales, a street within the meaning of section 48 of the New Roads and Street Works Act 1991(3), together with land on the verge of a street or between two carriageways;

  (b)

  in Scotland, a road within the meaning of section 107 of the New Roads and Street Works Act 1991, together with land on the verge of a road or between two carriageways;

• “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which–

  (a)

  provide support and guidance for vehicles carried on flanged wheels;

  (b)

  are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

• “vehicle” includes a mobile traction unit.