RVAR 2010 exemption: Talyllyn Railway Company

The Talyllyn Railway Company has requested exemption from certain parts of the disability standards in the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 (RVAR 2010) in respect of 5 new-build passenger carriages used for its passenger services.

Introduction

A request by the Talyllyn Railway Company (TRCo) for exemption from requirements of the disability standards in the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 in respect of 5 new-build passenger carriages used for its passenger services.

TRCo has provided the particulars specified in schedule 1 to the RVAR 2010, in accordance with regulation 3 (1) (c). These particulars are included in this consultation document.

Background

Historical background

The Talyllyn Railway was opened in 1865 as a narrow-gauge (2ft 3in, 686mm) line to convey slates from the Bryn Eglwys Quarry at Nant Gwernol near Abergynolwyn down to the Aberystwyth and Welsh Coast Railway at Tywyn, a distance of 7.25 miles (11.7 kilometres). 

Passengers were carried from 1866. By 1950, the line was at the point of closure, but was rescued by the Talyllyn Railway Preservation Society in 1951, as the world’s first volunteer preserved narrow gauge railway, as a tourist attraction.

Regular passenger services, now operated by TRCo, run from March to October, with special services in December. The railway has operated 3 older carriages converted to include accessible wheelchair spaces.

TRCo carries 39,000 people per year, of which under 1% reserve the accessible compartments available for passengers with accessibility needs. All timetabled trains have accessible compartments available for passengers who have not pre-booked.

The TRCo turnover in 2024 was £1.5 million, with a payroll of 23 staff and is reckoned to contribute £5 million each year to the local economy. 

In recent years, TRCo has brought into service 3 new passenger coaches, partly funded by the National Lottery Coastal Communities Fund. These were built by the Festiniog Railway Company (FRCo) at its Boston Lodge Works, Porthmadog. Each has tip-up seats allowing 2 spaces for a wheelchair and accompanying passengers.

These 3 new carriages are used on regular services to provide the comfort and amenity that passengers expect, allowing the older carriages, including the originals of 1860s heritage, to be used more sparingly on less frequent special services. 

Two other new carriages are currently under construction by TRCo and are anticipated to be introduced into passenger use in 2026.

Legislation background

The Secretary of State has determined that the Railways (Interoperability) Regulations 2011 do not apply to infrastructure and vehicles reserved for a strictly local, historical or touristic use. The approved list of exclusions from the scope of the Railways (Interoperability) Regulations 2011 includes ‘Talyllyn Railway Co’. Compliance is required, therefore, with the RVAR 2010, rather than the accessibility national technical specification notice. 

The Rail Vehicle Accessibility (Networks) Exemption Order 2010 provides an exemption from accessibility regulations for certain heritage and tourist rail networks. This allows heritage and tourist rail vehicles, particularly those introduced before 1999, to operate on specified heritage and tourist lines without needing to comply with all of the accessibility requirements set out in the RVAR 2010. The schedule includes Talyllyn Railway Co.

The Rail Vehicle Accessibility Regulations were first introduced in 1998 (RVAR 1998) and applied to all new rail vehicles entering service from 1 January 1999. RVAR 1998 guidance was published, which provided guidance concerning heritage railway vehicles:

As the regulations apply to new vehicles only, heritage railways and tramways are generally not affected as they operate older vehicles. However, where independent and heritage operators build replica rolling stock, such vehicles may not be subject to the RVAR if they are exact copies of an old design. When building any new passenger carrying rolling stock, operators are strongly advised to consult DTLR (predecessor to Department for Transport) at an early stage in the design process for guidance on whether they need to comply.

TRCo has requested exemption from certain parts of The Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 (RVAR 2010) in respect of 5 new carriages for its passenger services.

TRCo has requested, should the new exemption order be made, that any further carriages to be brought into service, if of identical design to any of those included in this application, be similarly exempted from the same parts of the RVAR 2010.

TRCo has provided for the 5 new carriages the particulars specified in schedule 1 to the RVAR 2010, in accordance with Regulation 3 (1) (c). These particulars are included in this consultation document.

Exemption application

Full name of the applicant

Liz Porrett, General Manager Operations of Talyllyn Railway Company

Address of the applicant

Wharf Station
Tywyn
Gwynedd, LL36 9AW

Vehicles the application relates to

Class number and Unit number

Vehicle class numbers and unit numbers, which are usually included in applications for exemption orders, are not used by TRCo. Each carriage is uniquely identified by a 1 or 2-digit number.

Vehicle numbers, manufacturer, place of manufacture and date first brought into use

Carriage 9, W.G. Allen & Tisdales, Tipton, 1955, currently being rebuilt by TRCo, anticipated introduction 2026.

Carriages 24, 25 and 26 are similar and designed in the TRCo’s traditional style:

• carriage 24, built by FRCo, Boston Lodge, introduced into service in 2024
• carriage 25, built by FRCo, Boston Lodge, introduced into service in 2025
• carriage 26, built by FRCo, Boston Lodge, introduced into service in 2025
• carriage 27, built by TRCo, introduced into service in 2024

Assessment of compliance

The RVAR 2010 regulations have been considered in developing the design and specification of these 5 carriages. The physical constraints of a narrow-gauge coach and the overall objective of recreating a historic vehicle, particularly in external appearance, prevent some aspects of the regulations from being met.

Measures enabling disabled passengers to use the carriages

Exemption for particular RVAR 2010 requirements is necessary only because of the heritage characteristics of the TRCo, with steam locomotive operation, on narrow-gauge track, with the width of carriages restricted to 5ft 3in (1.61m) due to limited clearances, which impose significant physical constraints and challenges. Provision of fully accessible toilets on board is not feasible and these are provided instead at principal stations.

Other requirements of the RVAR 2010, for example, a public address system for audible and visual announcements, would detract from the heritage ambience that passengers would wish to enjoy. Information for direction and destination is provided by other means. 

Nevertheless, TRCo is keen to make its trains fully accessible to disabled people. TRCo has engaged with various groups to gain a better understanding of the needs of disabled passengers. 

The level of staffing on the railway and appropriate staff training mean that customers can be given assistance as required.

See TRCo’s disability access statement (PDF), which includes:

• information on access into and within its carriages
• wheelchair access
• accessible toilets
• staff assistance

Most passenger trains (except vintage and Victorian services) have a wheelchair accessible carriage.

Period for which the exemption order is requested to be in force

Exemption is requested for the whole remaining life of the 5 vehicles listed and for the whole life of any additional carriages to be brought into service, if of identical design to any of those included in this application. 

Provisions of RVAR 2010 from which exemption is sought

Each carriage has been assessed against the numbered paragraphs of part 1 and part 2 of schedule 1 to the RVAR 2010 as either:

• ‘not applicable’
• ‘complied with’
• ‘not compliant, exemption requested’

For brevity, this consultation document records only those paragraphs assessed as ‘not compliant, exemption requested’ and includes the mitigation in each case.

Schedule 1 part 1

Paragraph 6: Doorways (exterior) and through routes (wheelchair-compatible)

Sub-paragraph (1)

If a rail vehicle has a wheelchair space, then each side of the vehicle, which is used for the access and egress of passengers, must have at least one passenger doorway that is a wheelchair-compatible doorway.

Reasons for non-compliance

Doors are only on one side of our carriages, for historical reasons.

Mitigation

On the side of our carriages that have doors, vehicles 24, 25 and 26 all have wheelchair compatible doorways.

Paragraph 6: Doorways (exterior) and through routes (wheelchair-compatible)

Sub-paragraph (3)

A wheelchair sign must be marked on the exterior.

Reasons for non-compliance

Carriages assessed as not compliant because modern signs are out of keeping with the heritage nature of these vehicles. Exemption is sought for carriages:

• 24
• 25
• 26

Mitigation

Mitigation includes:

• signs are present denoting the wheelchair access and staff
• both station staff and guards will always assist passengers into the wheelchair compatible location
• all doors are manually operated with a key by the staff

Paragraph 8: Floors

Sub-paragraph (6)

Bodyside doorway floor must have a contrasting colour band.

Reasons for non-compliance

Exemption requested as doors have closing strips only.

Mitigation

Mitigation includes:

• all doors are locked and unlocked by staff
• users are assisted where necessary by staff, so risk of missing the edge is minimised

Paragraph 10: Handrails

Sub-paragraph (1) (a)

Handrail must be fitted inside, on either side, of bodyside doorways.

Sub-paragraph (5)

A narrow-width vehicle may have a horizontal handrail, above the doorway, of oval cross-section smaller than otherwise specified.

Reasons for non-compliance

Not compliant, exemption requested. The design of the vehicles does not have handrails incorporated due to the size of the vehicles, alongside or above the door.

Mitigation

Mitigation includes:

• the doors and frame are constructed from wood that does allow passengers to hold on when boarding or alighting
• the carriages remain accessible, as our staff will always be on hand to assist all our passengers to access and egress from the vehicles – this can be by ramp, or, where more appropriate, moveable steps

Paragraph 11: Passenger information

Sub-paragraphs (1),(2),(5),(6),(8),(10),(12)

The interior of a rail vehicle must be fitted with a public address system.

Reasons for non-compliance

Not compliant, exemption requested. As a heritage operation, we only have very limited stops and do not have any public information systems on any vehicles or at stations.

Mitigation

Mitigation includes:

• the guard checks all tickets at the start of each journey and specifically asks all passengers if any intermediate stations or halts are required and will arrange with the driver for the train to stop
• they will then unlock and open doors as necessary for the passengers to alight – station nameboards or ‘running-in boards’ are provided at each station and as the train travels slowly (5mph into the station), it can be easily read
• route maps, timetables and guidance documents are given free of charge from the booking office, where advice can also be obtained – guidance documents are available in a variety of languages

Paragraph 13: Seats

Sub-paragraph (1)

Not less than 10% of the seats or 8 seats (whichever is the lesser number) must be designated as priority seats for the use of disabled persons.

Sub-paragraph (6)

There must be a sign on or near a priority seat indicating that disabled persons have priority for the use of that seat.

Reasons for non-compliance

Not compliant, exemption requested. Seating in the wheelchair area has signs stating that passengers in wheelchairs would have priority in this area, but in a heritage style. The seats are bench-type, flip-up seats, so they do not have a defined width.

Mitigation

Mitigation includes:

• part of the guards’ and station staff duties is to help find suitable seating and help people to board where necessary
• the signs displayed ask non-wheelchair-using passengers to move if the area is required for wheelchair users

Paragraph 14: Steps

Sub-paragraph (1) (e)

Each doorway step must be illuminated by a light placed within or immediately adjacent to the step.

Reasons for non-compliance

Not compliant, exemption requested. As a heritage railway, we run predominantly in the hours of daylight, rendering such lights superfluous. 

External lights would also be incompatible with the heritage nature of these vehicles.

Mitigation

Mitigation includes:

• on the few occasions when we operate after dark, such as Halloween or Christmas specials, platforms are lit
• all staff carry additional lighting, such as torches, when needed
• as all doors are locked and unlocked by staff, they are on hand to guide and assist passengers as necessary

Schedule 1 part 2

Additional information

Additional information to enable the Secretary of State for Transport to determine the below.

Whether to make the exemption order and on what terms

TRCo has responded to engagement with disability groups by complying with the RVAR 2010 requirements as far as technically feasible for a heritage railway operator.

What, if any, restrictions or conditions should be specified?

TRCo undertakes to advise the Secretary of State for Transport in writing of any additional carriage, of identical design to any of those included in this application, to be introduced into passenger service. 

TRCo undertakes to advise the Secretary of State for Transport in writing if any exempted vehicle is to be operated by a person other than the TRCo or on a railway other than the Talyllyn Railway between Tywyn and Nant Gwernol. 

TRCo undertakes to provide, in any train of which an exempted vehicle forms a part, a person other than the driver of that train who has been trained in awareness of the needs of persons with visual, hearing or ambulatory disabilities and is available to such persons to guide, assist or make announcements to passengers.

TRCo undertakes not to operate an exempt vehicle between sunset and sunrise unless illumination is provided for the platforms and at the vehicle doorways.

How to respond

See the ways to respond section of the consultation page on GOV.UK to find out how you can respond to this consultation.

The consultation period began on 6 January 2026 and will run until 10 February 2026. Ensure that your response reaches us before the closing date.

Further information

Data protection

The Department for Transport are carrying out this consultation to collect views on the Talyllyn Railway Company (TRCo) seeking an exemption from the accessibility requirements in the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010.

Your personal data collected through this consultation is processed in line with our online forms, surveys and consultations privacy notice.

Your responses will be shared with TRCo. Your name and contact details will be removed before the responses are shared.

Freedom of information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.