Annex 1: Table of updates to guidance

Body
Components

Updates following EU exit from the European Union

SectionChanges
Introduction
  • Removed historical content and added text to outline the changes to ROGS that result from the UK exiting the European Union including referencing the Statutory Instruments created.
  • Added text providing an overview of the inoperabilities that were contained within ROGS and other EU legislation, which were corrected by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837).
  • Added a table created showing new schedules within the ROGS regulations and the relevant EU legislation they replicate, in a corrected form.
Safety management systems
  • Revised text to reflect that Common Safety Targets remain but that these are now contained within Schedule 11 of ROGS.
  • Added text to clarify the Common Safety Methods for Monitoring and Risk Evaluation & Assessment being retained for use in the UK.
Safety verification
  • Revised text to outline that a non-mainline transport operator can choose to voluntarily adopt the application of the CSM for risk assessment & evaluation as opposed safety verification for significant changes. Mainline transport operators must apply the CSM for risk assessment & evaluation. All transport operators must retain documentation showing the process used.
Safety certificates and safety authorisations
  • Revised text regarding the validity of part A safety certificates to clarify the status of existing certificates issued by ORR.
  • Revised text relating to consultation with affected parties on an application for a safety certificate and / or safety authorisation.
  • Added text relating to exemption applications under Regulation 30(1) and the application of The Railway Safety Regulations 1999.
  • Added text to clarify that a substantial change can have an impact at the interface between infrastructure managers and transport operators.
Annual reports
  • Revised text advising those compiling annual safety reports that they need to refer to The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), which made the necessary corrections to inoperabilities contained in ROGS and EU retained legislation that arise from the UK leaving the EU.
Co-operation
  • Revised text to update terminology relating to “transport operators” and “transport system”.
Managing safety critical work
  • Revised text to update terminology related to “persons” and “controller”.
Entities in charge of maintenance (ECM)
  • Added text providing information on the application of ECM regulation 2019/779 for both domestic and cross-border operations.
Glossary
  • Revised text for “Entity in charge of maintenance (ECM)”, “ECM Regulation”, “ECM Certificate” and “Keeper”.
  • Added text for “Controller of safety critical work”.

Updates from 2022

SectionChanges
Introduction
  • Revised text to clarify impact of the introduction of statutory instruments that came into force when the UK left the EU.
  • Added text to confirm that the scope of the safety regime under ROGS is unchanged following EU Exit, and that the main impact of the statutory instruments that were introduced is to remove inoperabilities in retained EU law.
Safety management systems
  • Added text advising that EU Exit Regulations made changes to CSMREA, including changes to the use of mutual recognition and relaxed criteria when a significant change is made.
  • Added text to explain when the CSM for monitoring should be applied.
  • Added text to explain when the CSM for supervision must be applied.
Safety certificates and safety authorisations
  • Added text advising on recognition of safety certificates in GB and EU, including that all duty holders must hold Part A and Part B safety certificates that have been issued by the ORR in order to operate on the GB mainline railway infrastructure.
Risk assessments
  • Revised text to clarify that transport operators are required to carry out a suitable and sufficient assessment of risks to the safety of any person using the railway and to ensure the safe operation of the transport system. They must also ensure they meet all relevant health and safety legislation, not just railway specific safety legislation.
Co-operation
  • Added text to confirm that the duty of co-operation applies to everyone working on the railway.
  • Added text describing what duty holders can do to escalate serious disputes and the action the ORR will take to help resolve disputes.
Managing safety critical work
  • Added text to clarify that while ROGS does not apply to freight end users, they are required to co-operate with other employees on the railway system to ensure everyone can meet their health and safety requirements.
  • Added text from RIG 2008/03 to explain that railway undertakings applying for a safety certificate, as well as infrastructure managers and their staff who perform safety critical tasks, have access to training services provided by other bodies.
Entities in charge of maintenance (ECM)
  • Revised text with an updated explanation of maintenance rules applying in GB.
  • Replaced text under the heading Cross-border operations via the Channel Tunnel with a link to separate guidance for ECMs.
  • Revised text to advise that an ECM responsible for maintenance of freight wagons in GB must hold a valid ECM certificate issued by a certification body.
  • Revised text to clarify the appeals process where an application for an ECM certificate has been refused.
Glossary
  • Replaced definition of ECM certificate following EU Exit.

Updates from 2026

SectionChanges
Foreword
  • Revised text to refer to amended ROGS at legislation.gov.uk.
Introduction
  • Revised text to note ROGS was also amended in 2023 by the Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2023.
  • Removed outdated terminology on fatigue for safety critical work.
Safety certificates and safety authorisations
  • Revised text to update reference to relevant chapter in the latest ROGS Safety Certificate and Safety Authorisation Assessment Manual.
Managing safety critical work
  • Revised text to reflect current terminology and guidance on fatigue, including addition of link to ORR’s Managing rail staff fatigue guidance document.
Entities in charge of maintenance (ECM)
  • Revised text to provide updated link to separate guidance for ECMs undertaking operations via the Channel Tunnel.
  • Revised text to clarify that ECMs responsible for freight wagons used in domestic service must have UK-issued ECM certificate or an EU ECM certificate that was issued by a certification body accredited by UKAS.
  • Removed links to ORR RIG-2012-01 and added links to RSSB’s Rail Industry Guidance Note on the Application of the Entity in Charge of Maintenance Regulations and RSSB’s Key Wagon Maintenance Principles.
  • Added a link to ORR’s Guidance for Entities in Charge of Maintenance in Great Britain – A Guide to Duty Holders.
Annex 1
  • Merged and simplified the previous Annex 1: Table of updates to guidance published in October 2022 and Annex 2: Table of updates to guidance following UK exit from the European Union and other minor updates.