Untitled document

Rail Safety (Amendment) Regulations 2009

S.R. No. 59/2009

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

PART 2—GENERAL AMENDMENTS

5Preliminary breath test devices

6Duty to provide indicative positive results to Safety Director

7Health assessments

8Assessment of rail safety worker competence

9Notification to Safety Director of certain decisions or changes

10Annual reviews and reports

PART 3—TECHNICAL AMENDMENTS RELATED TO
SAFETY INTERFACE AGREEMENTS

11New regulation 16A

16ACopies of safety interface agreements to be kept available to public

12Part 4 revoked

13Matters and information to be contained in a safety
management system of an accredited rail operator

14Matters and information to be contained in a safety
management system of a non-accredited rail operator

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 59/2009

Rail Safety Act 2006

Rail Safety (Amendment) Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 27 May 2009

Responsible Minister:

LYNNE KOSKY
Minister for Public Transport

TOBY HALLIGAN

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend the Rail Safety Regulations 2006 to make minor technical amendments and provide for matters relating to safety interface agreements.

2Authorising provisions

These Regulations are made under sections 107, 108, 109 and 110 of the Rail Safety Act2006.

3Commencement

(1)These Regulations (except regulations 11, 12, 13 and 14) come into operation on 1 June 2009.

(2)Regulations 11, 12, 13 and 14 come into operation on 1 July 2010.

4Principal Regulations

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

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PART 2—GENERAL AMENDMENTS

5Preliminary breath test devices

(1)In regulation 19(c) of the Principal Regulations, for "SD-400PA." substitute "SD-400PA; or".

(2)After regulation 19(c) of the Principal Regulations insert—

"(d)the Alcolizer LE.".

6Duty to provide indicative positive results to Safety Director

After regulation 34(2) of the Principal Regulations insert—

"(3)A notification under subregulation (1) must be in writing and must be in an approved form.".

7Health assessments

(1)At the foot of regulation 37(1) of the Principal Regulations insert—

"Penalty:10 penalty units.".

(2)At the foot of regulation 37(3) of the Principal Regulations insert—

"Penalty:10 penalty units.".

8Assessment of rail safety worker competence

(1)In regulation 39(1)(a)(ii) of the Principal Regulations omit "if paragraph (i) does not apply,".

(2)For regulation 39(3) of the Principal Regulations substitute—

"(3)If a rail operator determines that a rail safety worker does not have the required competence to carry out rail safety work of a particular class, the rail operator may require that—

(a)the rail safety worker undertake an appropriate course of training to achieve that competence; or

(b)the competence be attained by a means other than training.".

9Notification to Safety Director of certain decisions or changes

In the Table in regulation 46A of the Principal Regulations, in column 2 of item 4, after "rail infrastructure" insert "or rolling stock".

10Annual reviews and reports

(1)For regulation 49(1) of the Principal Regulations substitute—

"(1)An accredited rail operator must each year conduct an annual review of all of the rail operator's rail operations carried out under its accreditation in the preceding financial year.

Penalty:10 penalty units.

(1A)An accredited rail operator must prepare an annual report detailing the findings of the review under subregulation (1) and that includes the things required under subregulation (2).

Penalty:5 penalty units.".

(2)For regulation 49(3) of the Principal Regulations substitute—

"(3)A copy of the annual report must be provided to the Safety Director by the date specified by the Safety Director.

Penalty:10 penalty units.

(3A)For the purpose of subregulation (3), the Safety Director must determine, in consultation with the accredited rail operator, a specified date by which that accredited rail operator is to provide the annual report.".

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PART 3—TECHNICAL AMENDMENTS RELATED TO SAFETY INTERFACE AGREEMENTS

11New regulation 16A

After regulation 16 of the Principal Regulations insert—

"16A   Copies of safety interface agreements to be kept available to public

For the purposes of keeping and maintaining a safety management system, a rail operator, whether accredited or non-accredited, must keep a copy of a safety interface agreement that forms part of the safety management system established and maintained by that rail operator available for inspection free of charge by any person affected by that agreement.

Penalty:10 penalty units.".

12Part 4 revoked

Part 4 of the Principal Regulations is revoked.

13Matters and information to be contained in a safety management system of an accredited rail operator

(1)For the heading to item 24 of Schedule 2 to the Principal Regulations substitute "Safety interface agreements".

(2)In Schedule 2 to the Principal Regulations—

(a)in item 24.1, for "an interface co-ordination plan" substitute "a safety interface agreement"; and

(b)in item 24.2, for "interface co-ordination plans" substitute "safety interface agreements".

14Matters and information to be contained in a safety management system of a non-accredited rail operator

(1)For the heading to item 1 of Schedule 3 to the Principal Regulations substitute "Safety interface agreements".

(2)In Schedule 3 to the Principal Regulations—

(a)in item 1.1, for "an interface co-ordination plan" substitute "a safety interface agreement"; and

(b)in item 1.2, for "interface co-ordination plans" substitute "safety interface agreements".

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ENDNOTES

[1] Reg. 4: S.R. No. 96/2006 as amended by S.R. No. 9/2008.