Subregulation (1) shall not apply in the case of rolling stock in transit: Provided that the operator of a railway shall ensure-
(a) that a risk assessment applicable to rolling stock in transit is carried out and made available for inspection at the request of an inspector or a local government or both that inspector and that local government, as the case may be; and
(b) that, in the interest of the health and safety of the public, the necessary precautions are taken.