Untitled document

Rail Safety Further Amendment Regulations 2011

S.R. No. 113/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definition of exempt rail operator

6Regulation 13 substituted

13Content of a SMS for accredited rail operators

7New regulation 13A inserted

13AContent of systems and arrangements for exempt
rail operators

8Review and revision

9New regulation 14A inserted

14AReview and revision of systems and arrangements
for exempt rail operators

10Provision of SMS to Safety Director

11Copies of SMS to be kept

12Copies of safety interface agreements to be kept available
to public

13New regulation 16B inserted

16BCopies of system and arrangements to be kept

14Regulation 19 substituted

19Preliminary breath test devices

15Schedule 2 amended

16Schedule 3 amended

═══════════════

ENDNOTES

STATUTORY RULES 2011

S.R. No. 113/2011

Rail Safety Act 2006

Rail Safety Further Amendment Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 4 October 2011

Responsible Minister:

TERRY MULDER
Minister for Public Transport

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Rail Safety Regulations 2006—

(a)by prescribing the matters and information that must be contained in the system and arrangements required to be established and maintained by private siding operators; and

(b)by prescribing a new preliminary breath test device for the purposes of section 77 of the Rail Safety Act 2006.

2Authorising provisions

These Regulations are made under sections 107A, 109 and 110 of the Rail Safety Act 2006.

3Commencement

These regulations commence on the day that section 20 of the Transport Legislation Amendment (Public Transport Safety) Act 2011 comes into operation.

4Principal Regulations

In these Regulations, the Rail Safety Regulations 2006[1] are called the Principal Regulations.

5Definition of exempt rail operator

In Regulation 4 of the Principal Regulations insert the following definition—

"exempt rail operator means a rail operator who holds an exemption under section 63 of the Act;".

6Regulation 13 substituted

For regulation 13 of the Principal Regulations substitute—

"13   Content of a SMS for accredited rail operators

For the purposes of section 25 of the Act, a SMS established by an accredited rail operator must contain the matters and information contained in Schedule 2.".

7New regulation 13A inserted

After regulation 13 of the Principal Regulations insert—

"13A   Content of systems and arrangements for exempt rail operators

For the purposes of section 28B of the Act, the system and arrangements established by an exempt rail operator must contain the matters and information contained in Schedule 3.".

8Review and revision

(1)In regulation 14(1) and (2) of the Principal Regulations, for "A rail operator" (wherever occurring) substitute "An accredited rail operator".

(2)In regulation 14(2)(a) and (3) of the Principal Regulations, for "rail operator" (wherever occurring) substitute "accredited rail operator".

9New regulation 14A inserted

After regulation 14 of the Principal Regulations insert—

"14A   Review and revision of systems and arrangements for exempt rail operators

(1)An exempt rail operator must ensure that its system and arrangements are reviewed—

(a)at intervals that do not exceed 5 years; or

(b)at shorter intervals as specified in its system and arrangements.

Penalty:15 penalty units.

(2)An exempt rail operator must review, and revise where necessary, its system and arrangements if—

(a)a major incident occurs; or

(b)a recommendation of a safety audit is that the system and arrangements should be reviewed.

Penalty:15 penalty units.

(3)The exempt rail operator must record the date the system and arrangements are reviewed.

Penalty:5 penalty units.".

10Provision of SMS to Safety Director

(1)In regulation 15(1) of the Principal Regulations, for "a rail operator" substitute "an accredited rail operator".

(2)In regulation 15(2) of the Principal Regulations, for "A rail operator" substitute "An accredited rail operator".

11Copies of SMS to be kept

In regulation 16 of the Principal Regulations, for "A rail operator" substitute "An accredited rail operator".

12Copies of safety interface agreements to be kept available to public

In regulation 16A of the Principal Regulations, for "a rail operator, whether accredited or non‑accredited," substitute "an accredited rail operator".

13New regulation 16B inserted

After regulation 16A of the Principal Regulations insert—

"16B   Copies of system and arrangements to be kept

An exempt rail operator must keep an up to date copy of the system and arrangements established under section 28B of the Act.

Penalty:15 penalty units.".

14Regulation 19 substituted

For regulation 19 of the Principal Regulations substitute—

19Preliminary breath test devices"

The devices prescribed for the purposes of section 77 of the Act are the breath testing devices known as—

(a)the lion alcolmeter SD-400 Touch; and

(b)the Lion Alcolmeter also known as the lion alcolmeter S-D2; and

(c)the lion alcolmeter SD-400PA; and

(d)the Alcolizer LE.".

15Schedule 2 amended

In Schedule 2 of the Principal Regulations, for "Regulation 13(a)" substitute "Regulation 13".

16Schedule 3 amended

(1)In Schedule 3 of the Principal Regulations, for "Regulation 13(b)" substitute "Regulation 13A".

(2)For the heading to Schedule 3 of the Principal Regulations substitute "MATTERS AND INFORMATION TO BE CONTAINED IN THE SYSTEM AND ARRANGEMENTS OF AN EXEMPT RAIL OPERATOR".

(3)In clause 2.3(f) of Schedule 3 of the Principal Regulations for "SMS" substitute "system and arrangements".

═══════════════

ENDNOTES

[1] Reg. 4: S.R. No. 96/2006 as amended by S.R. Nos 9/2008, 59/2009 and 114/2010.