Untitled document

Rail Safety (Amendment) Regulations 2008

S.R. No. 9/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Scope of meaning of rail safety work

7New Division 1AA of Part 2 inserted

Division 1AA—Exemption from accreditation

6AACertain rolling stock operators exempt

6ABDirector of Public Transport exempt

8Health assessments

9Assessment of rail safety worker competence

10Definition of railway accident or incident

11Duty to notify notifiable circumstances

12New Division heading inserted

Division 1A—Operational reporting and notifications

13Monthly reports

14New regulation 46A inserted

46ANotification to Safety Director of certain decisions
or changes

15Matters to be included in investigation report

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 9/2008

Rail Safety Act 2006

Rail Safety (Amendment) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 19 February 2008

Responsible Minister:

LYNNE KOSKY
Minister for Public Transport

RYAN HEATH

Clerk of the Executive Council

1Objective

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

(a)to provide for the notification of changes to accreditation; and

(b)to make minor changes with respect to rail safety worker competence and health assessments; and

(c)to provide for certain persons to be exempt from the requirement to be accredited under the Rail Safety Act2006; and

(d)to make other consequential and miscellaneous amendments.

2Authorising provisions

These Regulations are made under Division 5 of Part 9 of the Rail Safety Act2006.

3Commencement

(1)These Regulations (except regulation 13) come into operation on 1 March 2008.

(2)Regulation 13 comes into operation on 1 July 2008.

4Principal Regulations

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

5Definitions

In regulation 4 of the Principal Regulations insert the following definitions—

"AQF has the same meaning as in the Education and Training Reform Act 2006;

health assessment national standard means National Standard for Health Assessment of Rail Safety Workers, published by the National Transport Commission in June 2004, as amended from time to time;".

6Scope of meaning of rail safety work

At the end of regulation 5 of the Principal Regulations insert—

"(2)For the purposes of section 7 of the Act, maintaining, monitoring or inspecting rail infrastructure or associated works for the purpose of assessing or undertaking fire prevention work is not rail safety work for the purposes of Division 2 of Part 5.

(3)For the purposes of section 7 of the Act, monitoring, inspecting or testing of—

(a)rolling stock; or

(b)civil or electric traction infrastructure; or

(c)signalling or telecommunications equipment—

is not rail safety work if undertaken by a transport safety officer for compliance and investigative purposes.

(4)In this regulation compliance and investigative purposes has the same meaning as in section 228S(1) of the Transport Act 1983.".

7New Division 1AA of Part 2 inserted

Before Division 1 of Part 2 of the Principal Regulations insert—

"Division 1AA—Exemption from accreditation

6AACertain rolling stock operators exempt

A rolling stock operator who only operates rolling stock that is an emergency response vehicle is exempt from the requirement to be accredited under Part 5 of the Act in respect of the following rolling stock operations—

(a)the use of that rolling stock in an emergency or rescue operation; or

(b)the use of that rolling stock for training for emergency or rescue operations; or

(c)the testing of that rolling stock.

6ABDirector of Public Transport exempt

(1)The Director is exempt from the requirement to be accredited under Part 5 of the Act.

(2)In this regulation Director has the same meaning as in the Transport Act 1983.".

8Health assessments

(1)For regulation 37(1) and (2) of the Principal Regulations substitute—

"(1)A rail operator must have, and must implement, a health and fitness program for rail safety workers who carry out rail safety work for the operator that complies, so far as is reasonably practicable, with volumes 1 and 2 of the health assessment national standard.".

(2)For regulation 37(3) of the Principal Regulations substitute—

"(3)If, as part of a health and fitness program referred to in subregulation (1), a rail operator conducts a health assessment of a rail safety worker, the rail operator must pay for that assessment.".

9Assessment of rail safety worker competence

For regulation 39(1) of the Principal Regulations substitute—

"(1)A rail operator must assess, or cause to be assessed, the competence of each rail safety worker who is employed or engaged by the rail operator, or a rail contractor who supplies rail infrastructure operations or rolling stock operations to that rail operator—

(a)by reference to—

(i)any applicable units of competence or qualification under the AQF; or

(ii)if paragraph (i) does not apply, any other competence specified by the Safety Director under subregulation (2) as applicable with respect to a rail safety worker; and

(b)by reference to the actual knowledge, experience and skills required for the particular rail safety work to be carried out safely.".

10Definition of railway accident or incident

In regulation 41 of the Principal Regulations, in the definition of railway accident or incident, for paragraph (a)(ii) substitute—

"(ii)a person requiring immediate treatment as an in-patient in a hospital;".

11Duty to notify notifiable circumstances

In regulation 44 of the Principal Regulations, for "in writing" substitute "in an approved form".

12New Division heading inserted

Before regulation 46 of the Principal Regulations insert—

"Division 1A—Operational reporting and notifications".

13Monthly reports

In regulation 46(1) of the Principal Regulations—

(a)in paragraph (a), after "the total number" insert "and classes";

(b)in paragraph (e), for "kilometres." substitute "kilometres;";

(c)after paragraph (e) insert—

"(f)the total number of maintenance train kilometres.".

14New regulation 46A inserted

After regulation 46 of the Principal Regulations insert—

"46A   Notification to Safety Director of certain decisions or changes

(1)This regulation applies to decisions of, or changes made by, an accredited rail operator that are within the scope of that operator's accreditation.

(2)An accredited rail operator must notify the Safety Director, in writing, of any decision or change specified in column 2 of the Table within the time frame specified in column 3 of the Table opposite that decision or change.

Table

Column 1	Column 2	Column 3
Item	Decision or change	When notification must be given
1.	A decision of an accredited rail operator to design or construct, or to commission the design or construction of, rolling stock or new railway track	As soon as is reasonably practicable after the decision is made but before the event to which the decision relates takes place
2.	A decision of an accredited rail operator to introduce into service rolling stock of a type not previously operated by that operator, or re-introduce into service rolling stock not currently operated by that operator	At least 28 days before the date the accredited rail operator intends to introduce or re-introduce the rolling stock into service
3.	A change by an accredited rail operator to a safety critical element of existing rolling stock	At least 28 days before the date the accredited rail operator intends to bring the change into operation
4.	A change by an accredited rail operator to one or more of the classes of rail infrastructure used in the rail operator's accredited operations	At least 28 days before the date the accredited rail operator intends to bring the change into operation.
5.	A change by an accredited rail operator to a safety standard for the design of rail infrastructure or rolling stock	At least 28 days before the date the accredited rail operator intends to bring the change into operation.
6.	A decision by an accredited rail operator to adopt a new safety standard for the design of rail infrastructure or rolling stock	At least 28 days before the date the accredited rail operator intends to implement the decision

Column 1	Column 2	Column 3
Item	Decision or change	When notification must be given
7.	A change by an accredited rail operator to the frequency or procedures for the inspection or maintenance of railway infrastructure or rolling stock	At least 28 days before the date the accredited rail operator intends to bring the change into operation
8.	A change by an accredited rail operator to any safe working system rule or procedure relating to the conduct of the rail operator's railway operations	At least 28 days before the date the accredited rail operator intends to bring the change into operation.
9.	A decision by an accredited rail operator to introduce a new safe working system rule or procedure relating to the conduct of the rail operator's railway operations	As soon as is reasonably practicable after the decision is made.

(3)Compliance with subregulation (2) is a condition of accreditation.".

15Matters to be included in investigation report

In the Table in Schedule 4 to the Principal Regulations—

(a)in item 1, Column 2, for "extensive" substitute "significant";

(b)in item 2, Column 2, for "appreciable" substitute "significant";

(c)in item 3, Column 2, for "An incident of minor consequence with either no injury or damage or only superficial injury or damage where it is unlikely that a more serious incident may have occurred." substitute "An accident or incident resulting in minor injuries or minor property damage where it is unlikely that a more serious accident or incident would have occurred.".

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ENDNOTES

[1] Reg. 4: S.R. No. 96/2006.

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Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5: regulation 4, definition of health assessment national standard	National Standard for Health Assessment of Rail Safety Workers published by the National Transport Commission in June 2004	The whole
Regulation 8: regulation 37(1)	National Standard for Health Assessment of Rail Safety Workers published by the National Transport Commission in June 2004	The whole