Railway safety legislation from 1 January 2021: stakeholder guidance
An overview of the changes made to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS), which come into force on 1 January 2021.
New rules for January 2021
The UK has left the EU, and the transition period after Brexit comes to an end this year.
This page tells you what you’ll need to do from 1 January 2021. It will be updated if anything changes.
For current information, read: Rail interoperability and standards
You can also read about the transition period.
Introduction
The United Kingdom left the European Union (EU) on 31 January 2020. As part of this agreement, the UK entered a transition period during which the UK is required to implement EU law.
This guidance is an aid for stakeholders to explain the changes that have been made to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS) (S.I. 2006/599) by the following statutory instruments (S.I.):
- The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837)
- The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/1310)
- The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786)
- The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318)
This guidance is aimed at all stakeholders that come within the scope of the requirements established under ROGS.
This includes:
- train operating companies (TOCs)
- freight operating companies (FOCs)
- infrastructure managers (IMs)
- entities in charge of maintenance (ECM)
- tramways
- heritage railways
- metro operators
- health and safety managers
- staff working on the railways
- trade unions
- any organisation on which ROGS imposes requirements
Stakeholders are advised to refer to the legislation as the primary source of information, as the guidance is not intended to cover every amendment.
The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019
In the UK, rail safety legislation has developed in accordance with EU law.
ROGS implemented Directive 2004/49/EC, ‘The Rail Safety Directive’ in Great Britain with the objective of harmonising the safety processes and procedures applied in member states of the EU.
In Northern Ireland, the Railways (Safety Management) Regulations (Northern Ireland) 2006 (S.I. 2006/237) also implemented the Rail Safety Directive. There is also a range of EU tertiary safety legislation that applies in Great Britain and Northern Ireland.
This body of legislation that the UK has transposed contains a number of references that would make ROGS inoperable, if they were left unamended before the transition period ends – or create uncertainty in terms of the obligations required of duty holders.
These are called inoperabilities and they include, but are not limited to:
- obligations to share information with the European Union Agency for Railways (ERA) and the European Commission, for example, on the status of safety certificates and safety authorisations
- obligations to share annual safety reports with ERA
- references to the EU and Technical Specifications for Interoperability (TSIs), which are being replaced in the UK by National Technical Specification Notices (NTSNs) – to be published by the Secretary of State under Regulation 3B of the Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), as amended by the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345)
- EU symbols, databases and certificates
The primary purpose of the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (the 2019 Exit Regulations) is to therefore make necessary corrections to inoperabilities contained in ROGS and EU retained legislation, that arise from the UK leaving the EU.
This is to ensure that the UK’s railway safety regime remains operable, after the transition period ends on 31 December 2020.
Overview of the changes to ROGS 2006
As the 2019 Exit Regulations are focused on correcting inoperabilities in ROGS, the majority of requirements established under ROGS will continue to apply after 31 December 2020, as they did before.
The principal change made by the 2019 Exit Regulations is to omit redundant terminology or provisions that are no longer relevant, following the UK’s withdrawal from the EU.
For example: Regulation 18, which places a requirement on the Office of Rail and Road (ORR) to notify the European Union Agency for Railways when the status of safety certificates and safety authorisations changes, will be removed entirely.
In a small number of cases, provisions have been reworded or replaced with new terminology, so that they continue to make sense in the context of the UK being outside of the EU.
For example, the definition of ‘certification body’ will no longer refer to the Rail Safety Directive – but will instead refer to the relevant domestic provision established in ROGS.
The 2019 Exit Regulations also make corrections to inoperabilities contained in the Railways (Access to Training Services) Regulations 2006 (S.I. 2006/598). For example, references to ‘Council Directive 2004/49/EC’ will be removed.
In parallel with the amendments made to ROGS, similar corrections have been made to the Railways (Interoperability) Regulations 2011 (RIR 2011) (S.I. 2011/3066) which transposed EU Directive 2008/57/EC on the interoperability of the European rail system.
The amendments to RIR 2011 create a new UK standards regime whereby Technical Specifications for Interoperability (TSIs) will be replaced by UK equivalents in the form of National Technical Specification Notices (NTSNs). As such, any references in ROGS to TSIs will be replaced by NTSNs from 1 January 2021.
Revocation of EU legislation in the UK
The 2019 Exit Regulations will revoke several pieces of EU tertiary legislation that has already been repealed in the EU, or will become redundant in the UK, after 31 December 2020.
These are:
- Commission Regulation (EC) No 653/2007
- Commission Decision 2009/460/EC
- Commission Regulation (EU) No 445/2011
- Commission Decision 2012/226/EU
- Commission Implementing Decision 2013/753/EU
Amendments to retained EU legislation
The 2019 Exit Regulations make corrections to several pieces of EU legislation that will be retained after 31 December 2020 to ensure that the safety regime continues to function as it does now.
These corrections will have effect in Great Britain and Northern Ireland. The corrections made to the retained EU legislation are summarised in the Supervision and monitoring and Managing safety critical work sections.
Safety certificates and safety authorisations
From 1 January 2021, the requirements and system for issuing Part A and Part B safety certificates – as established under the Rail Safety Directive – will continue to apply on the mainline railway in Great Britain.
ROGS now contains a new Schedule 8 establishing the format for safety certificates and safety authorisation, which will be issued by the ORR.
The 2 pieces of EU legislation to be corrected in this area are:
- Commission Regulation (EU) No 1158/2010 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates
- Commission Regulation (EU) No 1169/2010 on a common safety method for assessing conformity with the requirements for obtaining a railway safety authorisation
Supervision and monitoring
In accordance with the amendments made to the common safety method for assessing conformity with the requirements for obtaining safety certificates and safety authorisations, the directly effective EU legislation concerning supervision and monitoring by the ORR after issuing either a safety certificate or a safety authorisation will continue to apply on the mainline railway in Great Britain.
The 2 pieces of EU legislation to be corrected are:
- Commission Delegated Regulation (EU) 2018/761 – establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation
- Commission Regulation (EU) No 1078/2012 on a common safety method for monitoring to be applied by railway undertakings, infrastructure managers after receiving a safety certificate or safety authorisation and by entities in charge of maintenance
Commission Delegated Regulation (EU) 2018/761 was made under the Recast Safety Directive but has repealed its predecessor regulation, Commission Regulation 1077/2012, and will set out the ORR supervision requirements from 1 January 2021.
Risk evaluation and assessment
The 2019 Exit Regulations will also correct the directly applicable EU legislation setting out the requirements for risk evaluation and assessment. This means that the requirements for anyone proposing a technical, operational or organisational change to the mainline railway in Great Britain will remain the same as they are now.
The one piece of EU legislation to be corrected in this respect is: Commission Implementing Regulation (EU) No 402/2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009.
What remains unchanged
The scope of the safety regime under ROGS will remain the same as it applies to the rail system in Great Britain.
This means certain transport systems will remain excluded from the mainline railway requirements, including those in the following categories:
- metros and other light rail systems
- networks that are functionally separate from the rest of the mainline railway and intended only for the operation of local, urban or suburban passenger services – as well as transport undertakings operating solely on these networks
- heritage, museum or tourist railways that operate on their own networks
- heritage vehicles that operate on both the mainline railway and complies with national safety rules
- privately owned infrastructure, that exists solely for use by the infrastructure owner for its own freight operations
The safety authorities under ROGS will remain the same.
These are:
- the Office of Rail and Road (ORR) (Great Britain)
- the Department for Infrastructure (DfINI) (Northern Ireland)
- for the Channel Tunnel system only – the Intergovernmental Commission (UK section of the Channel Tunnel)
Safety certificates and safety authorisations
Railway undertakings will still be required to obtain a Part A safety certificate and Part B safety certificate to operate vehicles on the mainline railway in accordance with Regulation 7 or 9 of ROGS. Infrastructure managers who manage infrastructure will still be required to obtain a safety authorisation.
The ORR will continue to be the authority responsible for assessing and issuing Part A safety certificates, Part B safety certificates and safety authorisations in Great Britain. The DfINI will continue to be the safety authority for issuing equivalent documentation in Northern Ireland.
Safety management system (SMS) for the mainline railway
Railway undertakings and infrastructure managers will continue to be required to develop safety management systems (SMS) to manage the risks associated with their activities and to meet specific criteria on the mainline railway system.
The requirements for a valid SMS will also be amended. The SMS will now need to be in conformity with relevant National Technical Specification Notices (NTSNs) which will replace Technical Specifications for Interoperability (TSIs) after 31 December 2020 in accordance with amendments to the Railways (Interoperability) Regulations 2011 (RIR 2011) (SI 2011/3066) coming into force.
Railway undertakings and infrastructure managers must also comply with:
- the common safety method for risk evaluation and assessment (CSM RA) as established under the retained and corrected version of Commission Implementing Regulation (EU) 402/2013
- the common safety method for monitoring as established under the retained and corrected version of Commission Regulation (EU) 1078/2012
Safety verification
Non-mainline operators will continue to be responsible for ensuring that they have procedures in place to introduce new or altered vehicles or infrastructure safely in accordance with Schedule 4 of ROGS.
Annual safety reports
Railway undertakings or infrastructure managers on the mainline who hold a safety certificate or safety authorisation will still be required to send the ORR an annual report on their safety performance in accordance with Regulation 20 of ROGS.
Managing safety critical work
Controllers of safety critical work will still be required to ensure that those who carry out safety critical tasks are suitably competent and fit to do so in accordance with Part 4 of ROGS.
Legislative arrangements in Northern Ireland
The Railway (Safety Management) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/825) make similar corrections to inoperabilities contained in the Railways (Safety Management) Regulations 2006 (S.I. 2006/237). Please refer to the Railway (Safety Management) (Amendment) (EU Exit) Regulations 2019 for further details about the changes made in the context of Northern Ireland.
New schedules added to ROGS
It has been necessary to create new schedules in ROGS to substantially reproduce areas of legislation that are currently contained in directly applicable EU tertiary legislation.
Table of new schedules added to ROGS 2006
This table sets out the new schedules and the relevant EU legislation they replicate, in a corrected form.
| New Schedule number ROGS 2006 | Topic | Relevant EU legislation |
|---|---|---|
| Schedule 8 Format for Safety Certificates and Applications | Safety certificates | Annex I, II, III and IV of Commission Regulation (EC) No 653/2007 |
| Schedule 9 Applications for UK-issued ECM Certificates by entities in charge of maintenance (only valid on the mainline in Great Britain) | Entities in charge of maintenance | Annex IV and V of Commission Regulation (EU) 445/2011 |
| Schedule 10 System of Certification of Entities in Charge of Maintenance in respect of Great Britain | Entities in charge of maintenance | Commission Regulation (EU) 445/2011 |
| Schedule 11 Common safety targets | Common safety targets | Commission Decision 2009/460/EC, Commission Decision 2012/226/EU and Commission Implementing Decision 2013/753/EU |
Further amendments to ROGS
Department for Transport (DfT) has made several statutory instruments to amend ROGS and the 2019 Exit Regulations.
There are various reasons why this has been done, including:
- substituting references to ‘exit day’ in the body of the legislation with references to the end of the transition period provided for by the EU Withdrawal Agreement
- correction of inoperabilities contained in EU law that came into effect after the making of the 2019 Exit Regulations
- amending the legislation to establish a transitional period of validity for EU safety certificates to enable the industry to adapt to the new arrangements
- amending the EU exit legislation to reflect the new interoperability regime that will come into effect from 31 December 2020
The practical impact of these amendments is limited, but stakeholders should note the changes.
The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019
The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 make minor amendments to the 2019 Exit Regulations to introduce a 2-year limited recognition period for Part A safety certificates issued in the EU.
This recognition period commenced on the 31 January 2020 when the UK left the EU.
The practical effect of this amendment is that Part A safety certificates issued in the EU in accordance with Directive 2004/49/EC will therefore be recognised as being valid for use in Great Britain until 31 January 2022.
This instrument also amends the 2019 Exit Regulations to replace references to Technical Specifications for Interoperability (TSIs) with National Technical Specification Notices (NTSNs) as established by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), which will come into force on 31 December 2020.
This instrument also makes minor additions to the definitions section in the 2019 Exit Regulations, to reflect the establishment of approved bodies in Great Britain.
The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020
The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019) makes one minor amendment to the 2019 Exit Regulations. It inserts Commission Delegated Regulation (EU) 2018/761 establishing common safety methods for supervision into the definition of ‘common safety methods’ in the 2019 Exit Regulations.
The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020
The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 makes minor amendments to the Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 to replace references to ‘exit day’ with the ‘transition period (IP) completion day’.
This instrument also revokes Commission Implementing Regulation (EU) 2019/779 for Great Britain.
The instrument also makes minor amendments to the 2019 Exit Regulations to ensure that Entities in Charge of Maintenance (ECM) certificates issued in the EU in accordance with Commission Implementing Regulation (EU) 2019/779 will be recognised for use in Great Britain for both cross-border and domestic operations.
This instrument makes further minor amendments to ROGS to update the definition of the European Union Agency for Railways, as established under Regulation (EU) 2016/796, to reflect the adoption of the Technical Pillar of the Fourth Railway Package in the EU from 31 October 2020.
Regulation of entities in charge of maintenance
The DfT and ORR have prepared guidance on the regulation of entities in charge of maintenance from 1 January 2021.
Stakeholders are advised to look at this guidance if they are an ECM, certification body, wagon keeper, or railway undertaking responsible for the maintenance or operation of vehicles.
Contact
If you have queries about this guidance, email interoperability@dft.gov.uk.
Guidance
Rail transport from 1 January 2021
Guidance to help prepare industry to run domestic and cross-border rail operations from 1 January 2021.
New rules for January 2021
The UK has left the EU, and the transition period after Brexit comes to an end this year.
This page tells you what you’ll need to do from 1 January 2021. It will be updated if anything changes.
For current information, read: Rail
You can also read about the transition period.
This baseline guidance tells you how to prepare for 1 January 2021. After that date, you may need different documentation to run or work in the EU, on cross-border and on domestic UK rail services. In the large majority of cases, individuals and operators will already have the necessary documentation – however, it is important that you have checked that it is the case and you do this as soon as possible.
The current rules on rail transport safety and technical standards, train driving and operator licences, safety certificates and safety authorisations, passenger rights and cross-border rail operations will continue to apply until 31 December 2020.
Please also refer to the European Commission’s notice, published on 28 April 2020, to prepare for the EU regime from 1 January 2021: the Withdrawal of the United Kingdom and EU Rules in the Field of Rail Transport.
Summary
EU-based railway undertakings
If you are an EU-based operator, and have not already applied for UK documentation, you need to apply to the Office of Rail and Road (ORR) for documentation to run services in Great Britain. You need to obtain the necessary documentation by 31 January 2022.
You need to prepare and allow enough time to apply for and obtain this documentation. In Northern Ireland, non-UK operators are currently not subject to a time-limited period.
UK-based railway undertakings
It is likely that certificates and licences issued in the UK will not be valid in the EU from 1 January 2021.
Operators of cross-border services will be subject to the recognition implications set out in this guidance and must comply with them.
Recognition of documentation
The UK will recognise EC conformity assessment documentation against EU rail technical specifications as valid evidence of compliance with any identical requirements in UK rail technical specifications.
Legislation will be amended to limit this period of recognition to 1 January 2023 in Great Britain. For vehicle authorisations for international services, we will continue to accept EU assessments insofar as we are required to do so in line with our obligations under COTIF.
Further information will be provided separately in relation to Northern Ireland.
The UK will continue to recognise certain other EU-issued documents until 31 January 2022 for services in Great Britain. These are operator licences, safety certificates, and train driving licences.
The 2-year time limit from 31 January 2020 on recognition of these categories of EU-issued documents does not currently apply to Northern Ireland.
Broad contingency arrangements have been put in place to support the continuation of services through the Channel Tunnel and on the Belfast-Dublin Enterprise line. We remain in close contact with parties about those arrangements and what they need to do.
Any future arrangements with France are expected to deal with the Channel Tunnel itself but not with the routes into continental Europe (beyond Calais-Fréthun). UK operators and train drivers will need to obtain additional licences and safety certificates to operate or work in the EU.
We strongly encourage operators planning to operate in the EU, including the cross-border area, to secure the necessary documentation by 31 December 2020 to provide maximum certainty for all scenarios. You should act as soon as possible, if you have not already done so.
Participation in the EU Agency for Railways
The UK’s formal participation in the EU Agency for Railways (ERA) ended on 31 January 2020 and we are not seeking membership of ERA. We encourage the UK rail industry to continue to work with ERA at technical and working levels, where appropriate. We also intend to put in place appropriate arrangements for regulatory co-operation with ERA where this is necessary to secure the safety of international rail services.
Stakeholders should be actively planning for this position with respect to the ERA and considering their options with ERA for engagement. Stakeholders should also be considering more broadly how best to use their full range of international relationships to influence debates around technical standards into the future.
Rail passenger rights
Passengers using cross-border services are responsible for ensuring that their insurance and ticket terms cover possible disruption.
The rights of UK passengers on both domestic and cross-border rail services will not change.
Operator licences
There will be no impact on the validity of operator licences in the UK for:
- UK-based domestic operators that already hold an ORR-issued licence
- operators registered in the UK that already hold an ORR-issued licence, but whose parent companies are situated in the EU or elsewhere outside the UK
This accounts for the vast majority of train operating companies in the UK.
Licences issued by an EU country will be valid for operators in Great Britain until 31 January 2022. EU-based railway undertakings with an EU operating licence wanting to run services in the UK need to secure a licence from the ORR by this date to continue operating.
After 31 January 2022, operators with an EU operating licence will need to hold an ORR-issued licence to operate in Great Britain. You do not need to be established in the UK to do this, but you will need to have applied for and been issued with the ORR licence by 31 January 2022 to continue operating after that date.
Operators holding an ORR-issued licence that run domestic services in the EU will need to re-apply for an operator licence in an EU member state, consulting the relevant guidance and following the requirements from the EU or the relevant member state. The licence must be in place by 1 January 2021.
This is also the case for UK-based operators seeking to run new domestic services in an EU member state.
Operators of cross-border services between the UK and the EU holding an ORR-issued licence will need to re-apply for an operator licence in an EU member state. The licence must be in place by 1 January 2021.
Safety certificates
ORR-issued Part A and Part B safety certificates will still be valid for UK-based domestic operators operating in Great Britain until their normal expiry.
EU established operators running a domestic-only service in Great Britain with an EU Part A safety certificate can use these certificates until 31 January 2022.
This will also apply to operators running services with a single safety certificate issued under Directive (EU) 2016/798, which will be deemed equivalent to a UK Part A safety certificate during the period between 31 December 2020 and 31 January 2022.
If you operate trains in Great Britain on the basis of an EU-issued safety certificate, you therefore need to obtain relevant safety certification issued by the ORR by 31 January 2022 at the latest. Please note that an ORR-issued Part B certificate associated with an EU-issued Part A safety certificate or a Single Safety Certificate will expire alongside the parent certificate and an operator obtaining new safety certification will also be required to apply for and obtain a new Part B safety certificate.
You should note that ORR’s guidance on safety certification encourages applications to be made 6 months before the certificate is required to be in place.
You do not need to be established in the UK to obtain relevant safety certification issued by the ORR, but you will need to provide a UK address in your application. In Northern Ireland, non-UK based operators running a domestic-only service with a Part A safety certificate issued in the EU are not currently subject to a time-limited recognition period.
Any EU operator seeking to run domestic services in Great Britain based on an EU-issued Single Safety Certificate, issued under Directive (EU) 2016/798 until 31 January 2022, will also have to obtain a Part B safety certificate from the ORR before it can do so.
UK-based operators running domestic services in the EU who hold an ORR-issued, or Northern Ireland-issued, Part A safety certificate need to obtain an EU safety certificate by 1 January 2021. This also applies to UK-based operators seeking to run new domestic services in an EU country.
Operators established in the UK who operate cross-border services and hold an ORR-issued Part A safety certificate will need to obtain EU safety certification by 1 January 2021.
Entities in charge of maintenance certificates
Entities in charge of maintenance (ECM) that maintain vehicles in the EU on the basis of an ECM certificate issued in the UK by the ORR or an accredited certification body need to apply for and obtain a new ECM certificate from a certification body in an EU country.
Vehicles used in international traffic between the UK and the EU also have the option of obtaining a certificate according to the legal framework of the Convention concerning International Carriage by Rail (COTIF). The validity of ECM certificates issued in the UK by the ORR or an accredited certification body will be unchanged for freight wagons running purely on the UK mainline railway. ECMs that hold a certificate issued in accordance with COTIF can continue using these certificates in the UK for operations involved in international traffic. ECMs may also rely on certificates issued in the EU in accordance with Commission Regulation 445/2011, or Commission Implementing Regulation (EU) 2019/779, to maintain freight wagons for use in domestic operations.
Train driving licences
From 31 January 2022, train driving licences issued in the EU will no longer be valid in Great Britain, including those used for cross-border services, in accordance with recent amendments made by the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 as amended by the Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020.
If you currently drive trains in Great Britain using a train driving licence issued in an EU country, you will need to obtain a train driving licence from the Office of Rail and Road (ORR) by 31 January 2022 to continue operating services. Applicants for ORR licences are advised to follow the procedures set out in the ORR’s online guidance as part of their application.
Current holders of EU issued train driving licences will be considered as new applicants when applying to the ORR for a new licence. New applicants will be required to meet the conditions for obtaining a licence in accordance with Regulation 8 of the Train Driving Licences and Certificates Regulations 2010.
This includes passing the necessary medical, occupational psychological fitness and general professional competence examinations, on the basis of confirmation from doctors, psychologists and examiners on the register maintained by the ORR in accordance with Regulation 23 of the Train Driving Licences and Certificates Regulations 2010.
Train driving licences issued in Great Britain will remain valid from the end of the transition period on the terms of their original issue in Great Britain, including for cross-border services. Train drivers will be required to renew their licences when these expire, as they do now, in accordance with the Train Driving Licences and Certificates Regulations 2010. The validity of train driving certificates will be unaffected; but, operators will need to ensure that certificates held by drivers refer to a valid licence.
Interoperability constituents
From 1 January 2021, the placing of interoperability constituents on the market in Great Britain will be based on a UK conformity assessment process, requiring compliance with applicable UK National Technical Specification Notices (NTSNs). Where applicable requirements in NTSNs are identical to those contained in EU Technical Specifications for Interoperability (TSIs), an interoperability constituent can continue to be placed on the market with EC conformity assessment documentation against the relevant TSI requirements. Legislation will be amended to limit this period of recognition to 1 January 2023 in Great Britain. Further information will be provided separately in relation to Northern Ireland.
It is currently expected that an interoperability constituent placed on the EU market up to 31 December 2020 with a certificate of conformity from a UK notified body will be able to be used within the EU for the period of validity of that certificate in subsystems or vehicles authorised before 1 January 2021.
Vehicle authorisations
Vehicles first authorised in the UK from 1 January 2021 will need to be authorised in the EU as well before they can be used there. Vehicle authorisations issued in the EU up to 31 December 2020 will remain valid in the UK if the vehicle is already in use here prior to that date.
From 1 January 2021 vehicles first authorised outside the UK will require an additional authorisation before they are first used in the UK. This system will be operated in accordance with the UK’s COTIF international obligations. This requirement should not cause disruption as, while additional vehicle authorisation is not currently mandatory in the UK, it is normally sought voluntarily to ensure compliance with the UK’s technical rules.
Last updated 14 December 2020 + show all updates