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.