The Railway Safety (Miscellaneous Provisions) Regulations 1997

UK Statutory Instrument 1997 No. 553 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 28 February 1997
In force from: 10 May 1997
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision with regard to the safe operation of transport systems. They also make other provision. Regulation 2 defines transport systems as meaning, subject to specified exceptions, railways, tramways and prescribed systems of guided transport. Regulation 3 places a duty on infrastructure controllers, so far as is reasonably practicable and where and to the extent necessary for safety, to prevent unauthorised access to the infrastructure of transport systems (subject to specified exceptions). Regulation 4 places a duty on operators of vehicles being used for the carriage of fare paying passengers to provide and maintain means of communication between passengers and a person who in an emergency is in a position to take appropriate action. Regulation 5 provides for infrastructure controllers to ensure so far as is reasonably practicable, that procedures are in place and equipment is provided and maintained for the purpose of preventing collisions and derailments. Regulation 6 places a duty on vehicle operators to provide and maintain suitable and sufficient braking systems for their vehicles. Regulation 7 provides for specified persons to ensure, so far as is reasonably practicable, that procedures are in place and equipment is provided and maintained for the purpose of preventing persons at work on a transport system from being struck by or falling from a moving vehicle. Regulation 8 provides for certificates of exemption to be granted by the Health and Safety Executive. Regulation 9 provides a defence to any offence under these Regulations where the person charged has taken all reasonable precautions and exercised all due diligence. Regulation 10 provides for certain functions of the Secretary of State under the Transport and Works Act 1992 and the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 (approvals of works, plant and equipment and directions limiting speeds and loads) to be transferred to the Health and Safety Executive. Regulation 11 makes minor amendments to the Health and Safety (Enforcing Authority) Regulations 1989 and regulation 12 the repeals and revocations specified in the Schedule.

Offences created by this instrument

Contravention of The Railway Safety (Miscellaneous Provisions) Regulations 1997 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Unmanned Level Crossings Commons · Westminster Hall · 18 November 2003 · Dr. Howells
As I am sure the hon. Member for Angus is aware, Network Rail took over responsibility for the operation, maintenance and renewal of Britain's rail infrastructure in October last year, in the wake of Railtrack's entry into administration. Network Rail is a private, not-for-dividend company and is responsible to its membership: more than 100 organisations and individuals, representing railway industry stakeholders and the wider public. Level crossings are a serious concern for the company. In 2002–03, there were 27 train incidents at crossings, and 13 members of the public were killed: two of…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1997