The Road Tunnel Safety Regulations 2007

Made: 22nd May 2007

Laid before Parliament: 25th May 2007

Coming into force: 22nd June 2007

He has been designated[^f00002] for the purposes of section 2(2) in relation to measures relating to road tunnel safety and the safety of roads accessing road tunnels.

PART 1 — Preliminary

Citation and commencement

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These Regulations may be cited as the Road Tunnel Safety Regulations 2007 and shall come into force on 22nd June 2007.

Interpretation etc.

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• (1) In these Regulations “the Road Tunnel Directive” means Directive No. 2004/54/EC of the European Parliament and of the Council of 29th April 2004 on the minimum safety requirements for tunnels in the Trans-European Road Network[^f00003], and any reference in the Schedule to “the Directive” shall be construed accordingly.

• (2) In these Regulations references to “Annex I” and “Annex II” are references to those Annexes as set out in the Road Tunnel Directive and modified by regulation 2A, and the reference in paragraph 2.12 of Annex I to “Annex III” should be read as a reference to the Schedule, which sets out Annex III of the Road Tunnel Directive ... in a modified form.

• (3) In these Regulations—

• “administrative authority” means a body designated in relation to a road tunnel pursuant to regulation 4;

• “commissioning procedure” means the procedure for authorising the opening of a road tunnel to public traffic set out in paragraph 3 of Annex II;

• “construction stage” means the period after the design stage has been completed but before that tunnel is open to traffic;

• “design stage” means the stage after a feasibility study has been conducted in relation to a tunnel but before any construction of that tunnel has commenced;

• “emergency services” means all local services, whether public or private or any of the road tunnel staff, which intervene in the event of an accident or incident in a road tunnel, including police services, fire brigades, highway authority traffic officers and rescue teams;

• “inspection entity” means an entity appointed pursuant to regulation 12;

• “modification” means a substantial change in the structure, construction, equipment or operation of a road tunnel which significantly alters any of the constituent components of the safety documentation, and cognate expressions shall be construed accordingly;

• “national authority” means in relation to—England, the Secretary of State;Wales, the Welsh Ministers;Scotland, the Scottish Ministers;Northern Ireland, the Department for Infrastructure established by article 3(1) of the Departments (Northern Ireland) Order 1999 and renamed by section 1(6) of the Departments Act (Northern Ireland) 2016;

• “operational schemes” means the schemes relating to a road tunnel drawn up pursuant to regulation 5(3);

• “risk analysis” means an analysis prepared pursuant to regulation 18;

• “risk reduction measure” means a measure to be used instead of adoption of a structural requirement set out in the safety requirements;

• “road tunnel” means a tunnel to which these Regulations apply;

• “safety documentation” means the documentation compiled pursuant to regulation 9;

• “Safety Officer” means an officer designated pursuant to regulation 10;

• “safety requirements” means the safety measures specified in Annex I and the Schedule;

• “significant incident” has the same meaning as “emergency” in section 1 of the Civil Contingencies Act 2004[^f00004];

• “technical approval authority” means the person appointed pursuant to regulation 14;

• “traffic authority” in relation to England, Wales and Scotland has the meaning given in section 121A of the Road Traffic Regulation Act 1984.

• “trans-European road network” means the road network identified in Section 2 of Annex I to Decision No. 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network[^f00005] and illustrated by maps and described in Annex II to that Decision; and

• “Tunnel Manager” means a person designated pursuant to regulation 8.

Application of the Regulations

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• (1) These Regulations apply in relation to—

• (a) the following road tunnels—

• (i) A282 Dartford Tunnel, Essex and Kent;

• (ii) A1(M) Hatfield Tunnel, Hertfordshire;

• (iii) M25 Bell Common Tunnel, Essex;

• (iv) M25 Holmesdale Tunnel, Hertfordshire;

• (v) A299 Ramsgate Tunnel, Kent;

• (vi) A55 Conwy Tunnel, Conwy;

• (vii) A55 Pen-y-Clip Tunnel, Conwy;

• (viii) A55 Penmaenbach Tunnel, Conwy; and

• (b) any proposed road tunnel in the United Kingdom that immediately before IP completion day—

• (i) formed part of the trans-European road network;

• (ii) was at the construction stage or the design stage; and

• (iii) would be over 500 metres in length.

• (2) For the purpose of paragraph (1)(b), a road tunnel would be over 500 metres in length if the longest traffic lane on the fully enclosed part of that tunnel would be over 500 metres in length.

PART 2 — General Requirements

Designation of administrative authority

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• (1) For each road tunnel in England, Scotland or Wales, the national authority for the jurisdiction in which the road tunnel is situated, shall designate a traffic authority as the administrative authority.

• (2) The Department for Regional Development[^f00006] is the administrative authority for each road tunnel in Northern Ireland.

• (3) Where a road tunnel is situated in more than one jurisdiction, the national authorities for those jurisdictions shall jointly appoint a traffic authority as the administrative authority for that road tunnel.

• (4) A designation made under paragraph (1) or (3)—

• (a) shall be in writing;

• (b) may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period; and

• (c) shall be made—

• (i) in relation to a road tunnel that is at the design stage, construction stage or in the operation stage at the time these Regulations come into force, as soon as is practicable after that time; and

• (ii) in any other case, at the beginning of the design stage.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of administrative authority

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• (1) The administrative authority shall ensure that a road tunnel for which it is the administrative authority is subject to the commissioning procedure before it is opened to traffic—

• (a) for the first time; or

• (b) after any modification has been carried out in relation to it.

• (2) The administrative authority in relation to a road tunnel for which it is the administrative authority shall—

• (a) ensure that the tests and inspections required by regulation 13 are carried out;

• (b) following an inspection pursuant to regulation 13, draw up such additional safety requirements it considers appropriate;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) ensure the procedure for that tunnel’s immediate closure in the event of an emergency is established; and

• (e) ensure the risk reduction measures permitted pursuant to regulation 17 are implemented within the timetable specified pursuant to that regulation.

• (3) The administrative authority shall ensure that such operational and organisational schemes (including emergency response plans) are drawn up as are necessary for the training and equipping of the emergency services in the event of an emergency in relation to a road tunnel for which it is the administrative authority, and it shall ensure that—

• (a) the schemes are in writing;

• (b) a copy of the schemes is held as part of the safety documentation;

• (c) the schemes are sent to the relevant emergency services; and

• (d) the schemes are updated from time to time.

• (4) If the administrative authority finds that a road tunnel for which it is the administrative authority is not in compliance with the provisions of these Regulations, it shall—

• (a) notify the Tunnel Manager and the Safety Officer of the measures to increase tunnel safety that must be adopted; and

• (b) define the conditions for, where appropriate, continuing to operate that tunnel or re-opening that tunnel.

Administrative authority – duty to compile accident and fire reports

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• (1) The administrative authority shall, for the two year period ending on 31 March 2008 and every two year period thereafter for which it is the administrative authority, compile a report containing the information set out in paragraph (2) in respect of fires and accidents which have occurred in the road tunnel, and which affect the safety of road users of that tunnel.

• (2) The report compiled under paragraph (1) shall—

• (a) evaluate the frequency and causes of those fires and accidents; and

• (b) provide information on the role and effectiveness of the safety facilities and measures found in the road tunnel in question including any failures of safety-critical equipment.

• (3) The administrative authority shall send each report to the national authority within 22 weeks of the expiry of the period to which it relates.

Administrative authority – suspension or restriction of use of a road tunnel

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• (1) The administrative authority may, in relation to a road tunnel for which it is the administrative authority, suspend or restrict the operation of the road tunnel if safety requirements, (including any additional safety requirement drawn up pursuant to regulation 5(2)(b), and any risk reduction measures permitted pursuant to regulation 17), or minimum operating requirements have not been met in relation to that tunnel.

• (2) The administrative authority may, in relation to a road tunnel for which it is the administrative authority suspend or restrict the operation of a road tunnel in order to carry out periodic exercises pursuant to Annex II.

• (3) In relation to a road tunnel located in Great Britain, sections 14 and 16 of the Road Traffic Regulation Act 1984 and the Road Traffic (Temporary Restrictions) Procedure Regulations 1992[^f00008], subject to the modifications set out in paragraph (7), shall apply to an order made under paragraphs (1) or (2) as if it were an order made under section 14(1) of that Act.

• (4) In relation to a road tunnel located in Northern Ireland, Article 7 of, and Schedule 3 to, the Road Traffic Regulation (Northern Ireland) Order 1997[^f00009], subject to the modifications set out in paragraph (8), shall apply to a suspension or restriction made under paragraphs (1) or (2) as if it were a restriction or prohibition made under Article 7 of that Order.

• (5) Where the administrative authority suspends or restricts the operation of a road tunnel pursuant to paragraph (1), it shall specify the conditions to be met in order for the suspension or restriction to be lifted and shall—

• (a) ensure that those conditions have been met before the suspension or restriction is lifted; and

• (b) when those conditions have been met, in relation to—

• (i) an order relating to a road tunnel made in Great Britain, revoke that order, or

• (ii) a suspension or restriction relating to a road tunnel made in Northern Ireland, lift the suspension or restriction.

• (6) The administrative authority shall only suspend the operation of a road tunnel pursuant to paragraph (2) if satisfied that suitable arrangements can be made to divert traffic from that tunnel.

• (7) In relation to an order made in relation to a road tunnel in Great Britain under paragraph (1) or (2), the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 shall have effect subject to the following modifications—

• (a) in regulation 2(1) after the definition of ““the 1991 Act” insert the following definition ““the 2007 Regulations” means the Road Tunnel Safety Regulations 2007”;

• (b) in regulation 3—

• (i) at the end of paragraph (1) insert “or regulation 7 of the 2007 Regulations”,

• (ii) in paragraph (3)(a) after “section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”,

• (iii) in paragraph (3)(c) after “and its maximum duration” insert “ or the conditions to be met before the order will be revoked”,

• (iv) in paragraph (6)(a) after “section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”, and

• (v) in paragraph (6)(c) after “and its maximum duration” insert “or the conditions to be met before the order will be revoked”; and

• (c) in regulation 15—

• (i) in paragraph (2)(d) after “shall state the reason or purpose mentioned in section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”, and

• (ii) in paragraph 2(d) after “and its maximum duration” insert “or the conditions to be met before the order will be revoked”.

• (8) In relation to a suspension or a restriction made under paragraph (1) or (2) in relation to a road tunnel in Northern Ireland, Article 7(5) of the Road Traffic Regulation (Northern Ireland) Order 1997 shall have effect with the substitution of the words “when the conditions imposed pursuant to regulation 7(5) of the Road Tunnel Safety 2007 Regulations have been met” for the words “at the end of the period of 18 months from the date on which the provision comes into force”.

Designation of the Tunnel Manager

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• (1) The administrative authority shall, in relation to every road tunnel for which it is the administrative authority, designate a person to be the Tunnel Manager for (as appropriate) the design stage, the construction stage, and the operating stage.

• (2) The administrative authority may undertake the role of the Tunnel Manager.

Duties of the Tunnel Manager

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• (1) The Tunnel Manager shall, in relation to a road tunnel, for which it is the Tunnel Manager—

• (a) be responsible for that tunnel’s management;

• (b) designate the Safety Officer pursuant to regulation 10;

• (c) compile the safety documentation in accordance with Annex II and ensure that in addition to the requirements of Annex II it includes—

• (i) the operational schemes,

• (ii) the risk analysis (if any), and

• (iii) inspection reports prepared under regulation 13;

• (d) organise periodic exercises for tunnel staff and the emergency services in accordance with the requirements of paragraph 5 of Annex II;

• (e) prepare and forward incident reports in accordance with paragraph (3); and

• (f) forward investigation reports in accordance with paragraph (4).

• (2) The Tunnel Manager for a road tunnel that has been subject to modification, shall ensure that the provisions of paragraph 4 of Annex II are complied with.

• (3) The Tunnel Manager shall, within one month of an accident or significant incident occurring within a road tunnel for which it is the Tunnel Manager—

• (a) prepare a report on that accident or incident, (an incident report) that records the circumstances of the accident or incident; and

• (b) send the incident report to the administrative authority, the safety officer and such of the emergency services as are appropriate.

• (4) If the Tunnel Manager prepares an investigation report, that analyses the circumstances of the incident or accident referred to in paragraph (3) or the conclusions that can be drawn from it, he shall forward that report to the administrative authority, Safety Officer and such of the emergency services as are appropriate within one month of the preparation or receipt of that report.

Designation of the Safety Officer

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• (1) The Tunnel Manager shall, in relation to the road tunnel for which it is the Tunnel Manager, and with the prior approval of the administrative authority, designate a Safety Officer for (as appropriate) the design stage, the construction stage, and the operating stage.

• (2) The Safety Officer shall be independent in respect of road tunnel safety issues and shall not be under instructions from his employer in respect of those issues.

Duties of Safety Officers

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The Safety Officer shall, in respect of a road tunnel for which it is the Safety Officer—

• (a) ensure there is co-ordination with the emergency services, and take part in the preparation of the operational schemes;

• (b) take part in the planning, implementation and evaluation of emergency operations;

• (c) take part in the formulation of safety schemes and the specification of the structure, equipment and operation of new or modified road tunnels;

• (d) verify that operational staff and relevant emergency services are trained in relation to the operational schemes, take part in the organisation of training exercises for this purpose, and ensure that such exercises are held at regular intervals;

• (e) give advice on the commissioning of the structure, equipment and operation of that tunnel;

• (f) verify that the tunnel’s structure and equipment is maintained and repaired; and

• (g) take part in the evaluation of any significant incident or accident.

Appointment of inspection entity

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• (1) The administrative authority shall, in relation to a road tunnel for which it is the administrative authority appoint a person to be the inspection entity.

• (2) The person appointed as the inspection entity must be—

• (a) a Chartered Engineer or headed by a Chartered Engineer;

• (b) competent to carry out its functions; and

• (c) functionally independent of the Tunnel Manager.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purpose of this regulation a “chartered engineer” means a person who has been designated a Chartered Engineer by the Engineering Council UK.