reg 2A Determination of exclusion from the mainline railway
(1) A railway or part of a railway does not form part of the mainline railway if the Office of Rail and Road determines that it falls within one or more of these categories— (a) metros and other light rail systems; (b) networks that are functionally separate from the rest of the mainline railway and intended only for the operation of local, urban or suburban passenger services, as well as transport undertakings operating solely on these networks; (c) heritage, museum or tourist railways that operate on their own networks; (2) The Office of Rail and Road may determine that a heritage vehicle which operates on the mainline railway and complies with national safety rules is deemed not to operate on the mainline railway for the purposes of these Regulations. (3) The Office of Rail and Road may revoke or vary a determination under paragraph (1) or (2). (4) A person may make an application to the Office of Rail and Road for a determination under paragraph (1) or (2) or for such a determination to be revoked or varied under paragraph (3) and the Office of Rail and Road shall consider any such application. (5) The Office of Rail and Road shall maintain and publish a list of— (a) railways or parts of railways that do not form part of the mainline railway; and (b) heritage vehicles which operate on both the mainline railway and heritage railway and are deemed not to operate on the mainline railway, by virtue of determinations made under paragraph (1) or (2).