Rail Safety Further Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Rail Safety Further Amendment Regulations 2011 S.R. No. 113/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Regulations 2 5 Definition of exempt rail operator 2 6 Regulation 13 substituted 2 13 Content of a SMS for accredited rail operators 2 7 New regulation 13A inserted 2 13A Content of systems and arrangements for exempt rail operators 2 8 Review and revision 3 9 New regulation 14A inserted 3 14A Review and revision of systems and arrangements for exempt rail operators 3 10 Provision of SMS to Safety Director 4 11 Copies of SMS to be kept 4 12 Copies of safety interface agreements to be kept available to public 4 13 New regulation 16B inserted 4 16B Copies of system and arrangements to be kept 4 14 Regulation 19 substituted 5 19 Preliminary breath test devices 5 15 Schedule 2 amended 5 16 Schedule 3 amended 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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. 2 Authorising provisions These Regulations are made under sections 107A, 109 and 110 of the Rail Safety Act 2006. -- 2 of 7 -- S.R. No. 113/2011 Rail Safety Further Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These regulations commence on the day that section 20 of the Transport Legislation Amendment (Public Transport Safety) Act 2011 comes into operation. 4 Principal Regulations In these Regulations, the Rail Safety Regulations 20061 are called the Principal Regulations. 5 Definition 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;". 6 Regulation 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.". 7 New 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.". r. 3 -- 3 of 7 -- S.R. No. 113/2011 Rail Safety Further Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 8 Review 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". 9 New 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.". r. 8 -- 4 of 7 -- S.R. No. 113/2011 Rail Safety Further Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel 10 Provision 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". 11 Copies of SMS to be kept In regulation 16 of the Principal Regulations, for "A rail operator" substitute "An accredited rail operator". 12 Copies 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". 13 New 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.". r. 10 -- 5 of 7 -- S.R. No. 113/2011 Rail Safety Further Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel 14 Regulation 19 substituted For regulation 19 of the Principal Regulations substitute— "19 Preliminary 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.". 15 Schedule 2 amended In Schedule 2 of the Principal Regulations, for "Regulation 13(a)" substitute "Regulation 13". 16 Schedule 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". ═══════════════ r. 14 -- 6 of 7 -- S.R. No. 113/2011 Rail Safety Further Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 96/2006 as amended by S.R. Nos 9/2008, 59/2009 and 114/2010. Endnotes -- 7 of 7 --