251BNuisances and noise emissions

251B Nuisances and noise emissions

(1) Any noise emanating from rolling stock—

(a) whilst the rolling stock is travelling on a railway track or tramway track; or

(b) whilst the rolling stock is entering or exiting a siding, yard, depot or workshop; or

(c) whilst the rolling stock is in a siding, yard, depot or workshop and is—

(i) powering up to commence to be used in connection with the provision of a passenger service; or

(ii) shutting down after being used in connection with the provision of a passenger service—

does not constitute a nuisance.

S. 215B(2) amended by Nos 9/2020 s. 390(Sch. 1 item 104), 39/2018 s. 58(2).

(2) Nothing in the Environment Protection Act 2017 or the Local Government Act 2020 or any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 made under either of those Acts applies in respect of noise emanating from rolling stock—

(a) whilst the rolling stock is travelling on a railway track or tramway track; or

(b) whilst the rolling stock is entering or exiting a siding, yard, depot or workshop; or

(c) whilst the rolling stock is in a siding, yard, depot or workshop and is—

(i) powering up to commence to be used in connection with the provision of a passenger service; or

(ii) shutting down after being used in connection with the provision of a passenger service.

rolling stock means any vehicle, used by a passenger transport company for the provision of a passenger service, that operates on or uses a railway track or tramway track including a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley and wagon but not including a vehicle designed to operate both on and off a railway or tramway track when the vehicle is not operating on a railway or tramway track.