Closed consultation

RVAR 2010 exemption: Hayling Light Railway Trust

Published 19 July 2024

Introduction

Hayling Light Railway Limited (HLRL) has requested exemption from certain parts of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010, in respect of its fleet of 5 carriages used for its passenger services. 

The railway is of a 2-foot (f) (610 millimetres (mm)) gauge and runs for approximately one mile (1.5 kilometres (km)) along the seafront of Hayling Island, Hampshire. The railway is a Charitable Trust operated and maintained by volunteers, and operates services at weekends, on Wednesdays and during school holidays.

Historical context

The closure of the standard gauge Hayling Island branch (Billy Line) from Havant in 1963 gave rise to an ambition to create a new railway on Hayling Island for visitors. This came to fruition in 1988, with the opening of the 2ft gauge East Hayling Light Railway at Mill Rythe holiday village. 

Subsequently, Havant Borough Council suggested plans for a railway along the seafront and this led to the railway’s closure at Mill Rythe in 2001 and removal to the seafront. The new railway opened in 2003 as Hayling Seaside Railway, running from Beachlands at the western end (at the Funland amusement park) and Eastoke Corner at the eastern end. Four bogie coaches had been built at the Mill Rythe site by the railway’s volunteers, but these were not adequate to cater for the growing number of passengers on the seafront railway and have since been sold. They were replaced with the current 4, 8-wheeled twin bogie coaches that were built by volunteers at its Beachlands depot. 

A fifth coach (No.2), originally built in 1947, was acquired by the railway in 2019. Locomotives and rolling stock are now maintained at the Eastoke workshops, which opened in 2017, replacing the previous facilities at Beachlands.

More recently, the railway’s owners decided to sell the railway, and ownership was transferred in 2021 to HLRL, a charitable trust (Charity number 1197020). It now operates as the Hayling Light Railway.

Regulatory context

An exemption order was made in 2002 regarding the railway’s new passenger coaches under construction for the seafront line.  The Rail Vehicle Accessibility (East Hayling Light Railway Vehicles) Exemption Order 2002 applied to any rail vehicle ‘of the types known as Coach Type A, B, C, D or E’. 

The 2002 Order authorised the carriages for use even though they did not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998. The order stated that this authorisation was to cease immediately in respect of an exempted vehicle that was: modified to use any form of electrical power supply or operated by a person other than East Hayling Light Railway Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person, or not operated on Hayling Island in the County of Hampshire.

No such advance notice was given to the Secretary of State, so the change of ownership in 2021 caused the exemption to cease.  HLRL, as the new owner, has requested a new exemption in its name.

The Rail Vehicle Accessibility (Networks) Exemption Order 2010 provided an exemption for all heritage and tourist rail vehicles introduced into service before 1 January 1999. East Hayling Light Railway is included in the Schedule to the Order listing the ‘Heritage or Tourist Networks’ deemed exempt. For new designs of rail vehicles introduced after 1999, applications can be made for vehicle-specific exemption orders.

HLRL currently operates a fleet of 5 passenger vehicles, designated:

• coach 2
• coach 10
• coach 11
• coach 12
• coach 14

The new owners are unclear whether any of these conform to the types, known as coach Type A, B, C, D or E identified in the Rail Vehicle Accessibility (East Hayling Light Railway Vehicles) Exemption Order 2002.

Coach 2

Coach 2 is of the open type (without windows) and has bench seating in each of the 4 compartments and 4 doors on each side.

Coach 10

Coach 10 is a single saloon type, with one door on each side: it has a lift-up seat on one side of the vehicle to cater for wheelchairs and children’s buggies.

Coaches 11, 12 and 14

Coaches 11, 12 and 14 are built to the same design and have bench seating, in each of the 4 compartments and 4 doors on each side. 

The end compartment of each coach has a lift-up seat to cater for wheelchairs and children’s buggies.

HLRL’s exemption request is regarding the 5 vehicles in its current fleet.

Exemption application

Full name of the applicant

Cliff Robinson, Director, Hayling Light Railway Limited

Address of the applicant

The Old Surgery
19 Mengham Lane
Hayling Island
Hampshire, PO11 9JT

Description of the rail vehicles to which the application relates

Class number and unit number

Not applicable

Vehicle numbers

HLRL coach numbers:

• 2
• 10
• 11
• 12
• 14

Name of the manufacturer and place of manufacture

• coach 2:  E. E. Baguley Ltd, Burton on Trent

• coaches 10, 11, 12 and 14: Beachlands Railway Depot, Hayling Island

Date the vehicles were first brought into use

• coach 2: 1947 (on another railway)

• coach 10 and coach 11: 2004

• coach 12: 2005

• coach 14: 2006

Routes and services provided by the vehicles

Hayling Light Railway operating between Eastoke Corner Station, Megham Road Station and Beachlands Station.

The exemption provisions of RVAR

Assessment of compliance and applicability of RVAR

Schedule 1 part 1

Not applicable.

Subsection 1 boarding devices:

• paragraph 1, boarding device: compliant
• paragraph 2, maximum gap: compliant
• paragraph 3, lift or ramp only: compliant
• paragraph 4, lift requirements: not applicable

• paragraph 5, ramp requirements:

  • subparagraph (a), secure fixing: compliant
  • subparagraph (b), 800mm wide: compliant
  • subparagraph (c), 50mm side rim: compliant
  • subparagraph (d), rim contrast: compliant
  • subparagraph (e), 300kg capacity: compliant
  • subparagraph (f), outer end on platform: compliant
  • subparagraph (g), colour contrast: compliant
  • subparagraph (h), slip resistant: compliant
  • subparagraph (i), assistance: compliant
• paragraph 6, powered ramp: not applicable
• paragraph 7, secure fixing: compliant

Subsection 2 catering: not applicable

Subsection 3 doors

• paragraph 1, colour contrast: exemption sought
• paragraph 2, platform screens: not applicable
• paragraph 3, audible warning: exemption sought
• paragraph 4, disapplies (3): not appropriate
• paragraph 5, different sounds: exemption sought
• paragraph 6, disapplies (6): not appropriate
• paragraph 7, spoken word: not applicable

Subsection 4 door controls (power operated)

Not applicable.

Subsection 5 door handles

• paragraph 1: not applicable
• paragraph 2: not applicable
• paragraph 3: not applicable

Subsection 6 doorways (exterior) and through routes (wheelchair-compatible)

• paragraph 1, wheelchair doorways: compliant
• paragraph 2, 850mm wide or more: compliant
• paragraph 3, wheelchair sign: exemption sought
• paragraph 4, disapplies (3): not appropriate

• paragraph 5, wheelchair route: no requirement

  • subparagraph (a), max gradient: not applicable
  • subparagraph (b), 850mm wide: compliant
  • subparagraph (c), turning space: compliant

Subsection 7 doorways (interior) (wheelchair compatible)

• paragraph 1: not applicable
• paragraph 2: not applicable

Subsection 8 floors

• paragraph 1, slip-resistant: compliant
• paragraph 2, colour contrast: compliant
• paragraph 3, colour contrast, part: not applicable
• paragraph 4, colour contrast, part: not applicable
• paragraph 5, doorway separation: not applicable

• paragraph 6, threshold colour: no requirement

  • subparagraph (a), max gradient: not applicable
  • subparagraph (b), 850mm wide: compliant
  • subparagraph (c), turning space: compliant

Subsection 9 handholds

• paragraph 1, seat-back: not relevant
• paragraph 2, disapplies (1): not relevant

Subsection 10 handrails

• paragraph 1, doorway: exemption sought
• paragraph 2 to 6: not applicable

Subsection 11 passenger information

• paragraph 1, 2, 5, 6, 8, 10 and 12: exemption sought
• paragraph 3, 4, 7, 9, 11, 13, 14 and 15: not applicable

Subsection 12 request-stop controls

• paragraph 1 to 7: not applicable

Subsection 13 seats

• paragraph 1, priority seats: exemption sought
• paragraph 2, not tip-up: compliant
• paragraph 3, dimensions: not applicable
• paragraph 4, armrest movable: not applicable
• paragraph 5, tables/trays: not applicable
• paragraph 6, signage: exemption sought
• paragraph 7, podcars only: no requirement

Subsection 14 steps

• paragraph 1, priority seats: no requirement

  • subparagraph (a), slip resistant: compliant
  • subparagraph (b), colour contrast: compliant
  • subparagraph (c), closed riser: compliant
  • subparagraph (d), mechanism gap: compliant
  • subparagraph (e), step illumination: exemption sought
  • subparagraph (f), riser height max: compliant
  • subparagraph (g), step depth min: compliant
  • subparagraph (h), step width min: compliant
• paragraph 2, disapplies (subparagraph (f) to (h)): not relevant
• paragraph 3, internal step: not applicable
• paragraph 4, disapplies (3): not relevant
• paragraph 5, riser position: compliant

Subsection 15 toilets

• paragraph 1 to 4: not applicable

Subsection 16 toilets (wheelchair compatible)

• paragraph 1 to 4: not applicable

Subsection 17 transparent surfaces (interior)

• paragraph 1 to 4: not applicable

Subsection 18 wheelchair spaces (numbers required)

• paragraph 1, single vehicle 1: not applicable
• paragraph 2, tramcar only: not applicable
• paragraph 3, different classes: not applicable
• paragraph 4, 2 to 7 vehicles 2: compliant

Subsection 19 wheelchair spaces (obstructions)

• subparagraph (a), doorway: compliant
• subparagraph (b), wheelchair space: compliant
• subparagraph (c), toilet: not applicable

Subsection 20 wheelchair spaces (specifications)

• paragraph 1, dimension: compliant
• paragraph 2, no other fittings: compliant
• paragraph 3, qualifies (2): not relevant
• paragraph 4, back-rest: compliant
• paragraph 5, call for aid: compliant
• paragraph 6, call for aid cover: compliant
• paragraph 7, wheelchair signage: compliant
• paragraph 8, alternative signage: not applicable
• paragraph 9, handrail: not applicable
• paragraph 10, ceiling handrail: not applicable
• paragraph 11, alternative dimension: not applicable
• paragraph 12, tip-up seats: not applicable

Subsection 21 wheelchair spaces (tables and trays)

• paragraph 1 to 5: not applicable

Schedule 1 part 2

Subsection 1

Door activation: not applicable.

Subsection 2

Flashing warning lights: not applicable.

Subsection 3

Door edge lighting: exemption sought.

Subsection 4

Passenger information displays: not applicable.

Subsection 5

Seats: advisory only.

Subsection 6

Staircase steps: not applicable.

Subsection 7

Wheelchair space max slope: compliant.

Exemptions sought

RVAR 2010 schedule 1 part 1

Regulation 3.1

Each passenger doorway is to be indicated clearly by doors which on their exterior contrast with the exterior of the vehicle to each side of the doors.

Non-compliance and reason for exemption

The colour of the doors does contrast with the adjacent bodyside, in that the doors are painted in a different colour to the adjacent panel. This also replicates the appearance of a heritage vehicle and applies to each of the coach designs.

Mitigation(s) for the assistance of passengers

The doors are opened and closed manually. The duties of guards and station staff include opening and closing the doors for passengers as required. The guard physically checks that all doors are properly closed including the additional hook and eye lock by walking the length of the train and checking handles before giving the signal to the driver to start the train.

Regulation 3.3

Each passenger doorway to be fitted with an audible warning device which must emit warning sounds for door opening and closing.

Regulation 3.5

The device emits different warning sounds for opening and closing.

Non-compliance and reason for exemption

Audible warning devices are not fitted (the vehicles have not been modified to use any form of electrical power supply). These are considered unnecessary for the nature of the railway’s operations.

Mitigation(s) for the assistance of passengers

All doors are opened and closed by the railway’s volunteer staff.

Regulation 6.3

Wheelchair sign conforming with diagram B in schedule 2 to be marked on, or adjacent to, each wheelchair-compatible doorway.

Non-compliance and reason for exemption

Wheelchair signs not provided. This is considered unnecessary for the nature of the railway’s operations and not compatible with creating a coach that replicates the appearance of an original vehicle.

Mitigation(s) for the assistance of passengers

The guard’s duties include welcoming passengers to the railway, and the guard and other station staff are, therefore, available to assist passengers who are wheelchair users. The guard will open the door and deploy the ramp made specifically for that purpose. This applies to coaches 10,11 12 and 14. 

Coach 2 does not facilitate the fitting of a ramp although it has a lift-up seat for wheelchair storage. Coach 2 is never used for passenger services unless connected to at least 2 other compliant coaches.

Regulation 10.1

Handrail to be fitted on each side of the inside of every doorway in every rail vehicle, extending vertically from not more than 700mm to not less than 1200mm above the floor.

Non-compliance and reason for exemption

Handrails are not fitted. These would obstruct access to the passenger seats immediately adjacent to doors and would reduce the already narrow width of the coach.

One of the coaches, No 10, is an open coach with a separately identified area for wheelchairs and again any interior handrails would obstruct access to the seats and increase the risk to passengers joining and/or leaving the vehicle.

Mitigation(s) for the assistance of passengers

The coach doors can be clipped back and locked to assist with any person requiring support to access the coach, but railway staff are always on hand to help passengers on and off the train.

Regulation 11

Rail vehicle (1) interior and (2) exterior to be fitted with a public address system for audible and visual announcements, including (5) destination or route, (6) next station, delay more than 10 minutes, diversions and emergency announcements, (8) displays to conform to minimum character size, (10) visible from 51% of seats, and (12) contrast with background and of required height.

Non-compliance and reason for exemption

A public address system is not fitted. None of the vehicles have been modified to use any form of electrical power supply. Exterior visual announcements would not be compatible with creating a coach that replicates the appearance of the historical vehicle.

Mitigation(s) for the assistance of passengers

The railway has only 2 terminal stations and one intermediate halt.  The guard and other railway staff pass along the platform at each stop, announcing the stop, which delivers the information required by 11(5) and 11(6), and assisting passengers to alight. 

A clippy also checks the tickets of passengers boarding the train once they are on the train and helps with those alighting from the train. Station names are provided on a large Dibond board on the platform at each station which can easily be read from the train, as the train travels at only 5mph.

Regulation 13.1

Not less than 10% of the passenger seats in a rail vehicle or 8 passenger seats (whichever is the lesser number) must be designated by signs as priority seats for the use of disabled persons.

Non-compliance and reason for exemption

Seats are not designated as priority seats. Coaches 2, 11, 12, and 14 have four compartments, with bench-type seating.  As the coaches are narrow, each bench seat will normally be used by no more than three adults. The seat spaces are therefore adjacent to doorways, unlike modern saloon coaches where there is a need to designate the seats adjacent to doors for disabled people this need does not arise. 

All seats are closer to doorways than the priority seats on a modern saloon coach. Coach 10 is an open coach with seating immediately on entry and has a designated space for the wheelchair opposite the doorway.

Mitigation(s) for the assistance of passengers

The seats meet the dimensions set in schedule 2 C1 and C2, except that as bench seats they do not have a defined width. The guard’s and station staff’s duties include helping passengers find available seats and assisting them to board.

Regulation 14.1

At any passenger doorway (e) steps must be illuminated.

Part 2 (3) The edge of the floor along the entrance must be illuminated, by a light placed within or immediately adjacent to the step and edge.

Non-compliance and reason for exemption

The doorway steps are not illuminated. The vehicles have not been modified to use any form of electrical power supply. As a heritage railway, HLRL trains normally operate during the hours of daylight, rendering such light fittings superfluous.

External light fittings would also be incompatible with creating a coach that replicates the appearance of a heritage vehicle.

Mitigation(s) for the assistance of passengers

On occasions when trains are operated after dark, such as Halloween and Christmas specials, platforms are lit and additional staff are deployed to guide and assist passengers.

Technical, economic and operational reasons for the application

It is necessary to obtain an exemption as it would be completely uneconomic to provide extra power for lighting to all the doorways of the vehicles. There is existing battery lighting operating inside the coaches which facility the safe entrance and/or leaving the coaches. Further battery power would be required if floor lighting were required, which is not practical or economically possible and is unnecessary. 

The train services rarely operate outside daylight hours and where they do, the service is a round trip and no passengers leave the train until it returns to Eastoke Station where full platform lighting is available. To install power for lighting at Beachlands and Mengham Stations would involve a large amount of cost and render the railway’s operations completely uneconomic. 

Coach 2 does not operate outside of daylight hours. The above, therefore, are the reasons for the exemption for coaches 10, 11, 12 and 14.

Effect of non-compliance would have on a disabled person’s ability to use the rail vehicle

Facilities are already available in the rail vehicles to enable persons with disability to travel.

Measures proposed, if the application is granted, to enable a disabled person to use the rail vehicle

Signage has been added to the priority seating areas for Coach 10. The coaches have been successfully used in their present format continually since being built between 2004 and 2006. They have been regularly commended by various disabled passengers and community groups over the years since. 

Such was the commendation from disabled passengers that led to media publicity that embarrassed South West Trains because they were failing to meet our standards for disabled travellers.

Exemption order request: timeframe

Required until the Hayling Light Railway disposes of these 5 coaches and/or replaces them or until the HLR ceases to exist as a charitable company operating the railway.

Timetable of actions to remove non-compliances

No actions are planned to remove the non-compliances beyond the additional signage reported above.

Prior consultation with vehicle operator

Not applicable.

Additional information

The railway operates for just over a mile (1.5 km) along Hayling Seafront and is restricted to a speed of not more than 7.5 mph (12 km/h).

Railway volunteer staff including guards are specifically on hand at all times to open, close, and lock doors, when passengers board and alight from the passenger vehicles.

Areas are provided inside the coaches for disability wheelchairs etc. (whether in use or not during the journey) and ramps are available which HLRL volunteer staff use to assist any person or child in a pram or buggy to have access to or from the coach.

For safety reasons, handles are not provided on the inside of the coaches.

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