38Use in rail transport

#### 38 Use in rail transport (1) This section sets out the meaning of the expression use in rail transport. Use in a rail vehicle in rail transport or light rail transport (2) Use in a rail vehicle in rail transport or light rail transport is use in rail transport. Use in a rail vehicle for various purposes (3) Use in a rail vehicle, or in equipment in or on a rail vehicle, for any of the following purposes is use in rail transport: (a) loading anything onto the rail vehicle, or enabling persons to board the rail vehicle, for the purpose of being transported by the vehicle; (b) unloading anything from the rail vehicle, or enabling persons to alight from the rail vehicle, after being transported by the vehicle; (c) repairing or maintaining rails; (d) observing the condition of rails; (e) reducing fire hazards on or adjacent to rails; (f) rescuing or recovering derailed rail vehicles or carriages or other parts of rail vehicles; (g) any purpose in connection with using the rail vehicle: (i) in rail transport; or (ii) for any of the purposes mentioned in the preceding paragraphs; or (iii) as mentioned in subsection (4). Use in a rail vehicle on certain journeys (4) Use in a rail vehicle: (a) on its forward journey for the purpose of using it in rail transport or using it for any of the purposes mentioned in paragraphs (3)(a) to (f); or (b) on its return journey after any such use; is use in rail transport. Use in equipment for certain purposes (5) Use in equipment in or on a rail vehicle for air‑conditioning, heating, lighting or for any purpose incidental to using the rail vehicle: (a) in rail transport; or (b) for any of the purposes mentioned in paragraphs (3)(a) to (f); or (c) as mentioned in subsection (4); is use in rail transport. (6) To avoid doubt, the fact that a rail vehicle is not operating a scheduled service does not mean that the use of the rail vehicle does not constitute use in rail transport.