Rail Vehicle Accessibility (Networks) Exemption Order 2009

My Lords, we introduced mandatory accessibility requirements for all new rail vehicles—commonly known as RVAR—more than a decade ago. Already there are 5,600 compliant rail vehicles in service—more than one-third of the national fleet. However, we knew that there was more to do and have further strengthened the regime by taking powers to apply accessibility standards to older rail vehicles—those in service before 1 January 1999—when they are refurbished. We have set an end date of 1 January 2020, by which time all rail vehicles must be compliant. The House took a keen role in scrutinising the provisions and noble Lords suggested a number of significant improvements. However, in expanding RVAR to capture older rail vehicles used on public transport services, older heritage and tourist vehicles have been brought within the scope of the requirements. Applying modern accessibility requirements to heritage and tourist railways would clearly damage the experience of a train or tram journey from the past which they wish to recreate and in which this country has such a wonderful tradition. We have no desire to destroy this heritage or to restrict the important contribution that this sector makes to increasing tourism and, given the location of many of these networks, to bolstering regional economies. The draft order therefore provides an exemption for these vehicles to ensure their preservation. It may be helpful to the Grand Committee if I briefly summarise its provisions. The draft order will provide an exemption for all heritage and tourist rail vehicles that were introduced into service before 1 January 1999 and that are operated on any of the many heritage and tourist networks named in the schedule. It will also exempt all heritage and tourist rail vehicles that were introduced into service before 1 January 1999 and that are operated solely within the confines of a depot, whether on an exempt or non-exempt network, and all rail vehicles, regardless of their date of entry into service, that are operated on miscellaneous networks. These networks include those that are used for industrial purposes, engineering or building works in the grounds of a private house, fairground ride and so on that would otherwise be within the scope of RVAR. Vehicles covered by the exemption will be able to operate on any of the networks listed in the schedule without impediment. However, we also know that some operators occasionally run their vehicles for special events or excursions on networks, such as the Blackpool tramway, that have no exemption as they primarily provide a public transport service. We do not want accessibility legislation to stop this practice, so provision is made to allow individual vehicles to operate on non-exempt networks for a maximum of 20 traffic days each in any calendar year. A traffic day runs from 3 am to 3 am in recognition of the service patterns that some operators adopt. This provision came out of the consultation process. In preparing the draft order, we considered carefully the interests of disabled people and sought a balance between these and the legitimate interests of railway enthusiasts who wish to preserve our rich railway heritage. I suppose at this point I ought to declare an interest as one of those enthusiasts. We believe that this approach is sensible and pragmatic. It has received solid support from stakeholders, including the Disabled Persons Transport Advisory Committee, and I commend it to the Committee.