RVAR Exemption orders

Section 183 of the Equality Act (EA) 2010 (originally Section 47 of the Disability Discrimination Act 1995, which has been repealed) enables the Secretary of State to make an Order allowing rail vehicles which do not comply with the Rail Vehicle Accessibility (Non Interoperable Rail System) Regulations 2010 (RVAR) to be operated in service. The Rail Vehicle Accessibility (Applications for Exemption Orders) Regulations 2010 set out how operators should apply for an exemption and the information they will need to supply in support of their application. The RVAR guidance document includes further information about the exemption process.

The EA 2010 requires the Secretary of State for Transport to consult on any applications for an exemption with the Disabled Persons Transport Advisory Committee (DPTAC, the Government’s statutory advisers on the transport needs of disabled people). The Department also consults other appropriate bodies such as the Office of Rail Regulation as well as relevant passenger organisations such as Passenger Focus and London TravelWatch. Their recommendations are taken into account before a final decision is taken on whether to progress the application.

Exemption orders are Statutory Instruments (SIs) and need to be considered by Parliament before they can become law. There are two different types of Parliamentary procedure – negative and draft affirmative resolution. The Rail Vehicle Accessibility Exemption Orders (Parliamentary Procedures) Regulations set the criteria which the Secretary of State will use when deciding which of these should be followed when considering an exemption application:

Negative resolution procedure

Essentially, once signed by a Minister and laid in Parliament, the SI becomes law on the date specified (usually around 21 days after it is laid). However, it is open to MPs and Peers to object to the instrument (known as a motion to annul or "prayer" which can be received from any MP or Lord) within 40 days of it being laid. If a prayer is made, the House debates the instrument and may vote to annul it.

Draft affirmative resolution procedure

Instruments considered under this procedure are laid in Parliament in draft. They cannot become law until the draft Instrument has been approved by a resolution of both Houses of Parliament. As part of that process, the draft SI may be debated in both the House of Commons and the House of Lords independently. MPs and Peers will then decide whether or not the SI should become law. These requirements mean that instruments considered under the draft affirmative resolution procedure generally take longer than those considered under negative resolution procedure.

More information about these procedures can be obtained from the House of Commons Information Office.

Under the Parliamentary Procedures Regulations, the criteria which trigger the draft affirmative resolution procedure take precedence. These include, for example:

  • exemptions for brand new vehicles providing public transport services;
  • orders which have no expiry date or which run past the end date of 1 January 2020, by which time all rail vehicles must be accessible;
  • requests for extensions to existing exemptions; or
  • exemptions for a whole network, such as a heritage network.

Examples where the negative resolution procedure might apply include:

  • where the vehicle was introduced before accessibility regulations came into force;
  • it was not previously within scope and cannot meet the necessary standards when it is refurbished;
  • where the vehicle is unique;
  • for periods of testing;
  • an exemption which will last for less than six months;
  • amendments of typographical or other errors; or
  • revocations of extant exemption orders.

However, the Regulations do allow the Secretary of State discretion to adopt a different procedure from that stipulated, having considered representations from DPTAC.

In advance of the publication of more detailed guidance, the Department has produced a ‘decision tree’ which indicates which procedure is likely to apply in each circumstance. However, it is not exhaustive. If there is any divergence between the tree and the requirements of the Regulations, then the Regulations prevail. Operators who are considering applying for an exemption are strongly advised to contact the Department’s Rail Vehicle Accessibility Team via email: railvehicleaccess@dft.gsi.gov.uk.

Exemption Orders for Heavy Rail Vehicles

The introduction of new European legislation in 2008 means that heavy rail vehicles (trains used on Network Rail infrastructure) are no longer subject to the Rail Vehicle Accessibility Regulations ("RVAR") 2010.

However, a number of heavy rail vehicles introduced under the RVAR regime between January 1999 and August 2006 were granted exemption orders and these are listed below alphabetically by the name of the vehicle operator at the time (which may have since changed). Please see "Rail Vehicles" for more information about what is happening to these exemptions.

Where available, a link to the associated Explanatory Memoranda, which include details on the reasons why exemptions are necessary, consultation and other related information, has also been included.

For more information, please contact us at railvehicleaccess@dft.gsi.gov.uk.

Exemption Orders for Light Rail Vehicles

The exemption orders listed on this page authorise the use of specified rail vehicles, or all rail vehicles operated on a particular network (such as a heritage or tourist network), even though they do not comply with one or more requirements of the Rail Vehicle Accessibility (Non Interoperable Rail System) Regulations 2010. Where available, a link to the associated Explanatory Memoranda, which include details on the reasons why exemptions are necessary, consultation and other related information, has also been included.

A number of exemption orders were also granted for heavy rail vehicles (trains) which are now subject to a separate, European-wide, accessibility regime. Please see "Rail Vehicles" for more information about what is happening to these orders.

The following exemption orders are listed alphabetically by rail operator name. Exemption orders are also listed by expiry date (XLS – 42 KB)

For more information, please contact us at railvehicleaccess@dft.gsi.gov.uk.

Current Exemption Applications

The Department is currently considering the following two applications for exemption from RVAR, both from Blackpool Transport.

If you wish to comment on any application please email railvehicleaccess@dft.gsi.gov.uk

Recent exemption application outcomes

London Underground Circle, District and Hammersmith & City lines S7

Middleton Railway

Cairngorm Funicular Railway