Rail Safety (Amendment) Regulations 2009

i Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Regulations 2 PART 2—GENERAL AMENDMENTS 3 5 Preliminary breath test devices 3 6 Duty to provide indicative positive results to Safety Director 3 7 Health assessments 3 8 Assessment of rail safety worker competence 3 9 Notification to Safety Director of certain decisions or changes 4 10 Annual reviews and reports 4 PART 3—TECHNICAL AMENDMENTS RELATED TO SAFETY INTERFACE AGREEMENTS 6 11 New regulation 16A 6 16A Copies of safety interface agreements to be kept available to public 6 12 Part 4 revoked 6 13 Matters and information to be contained in a safety management system of an accredited rail operator 6 14 Matters and information to be contained in a safety management system of a non-accredited rail operator 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 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 1 Objective 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. 2 Authorising provisions These Regulations are made under sections 107, 108, 109 and 110 of the Rail Safety Act 2006. 3 Commencement (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. -- 2 of 9 -- Part 1—Preliminary Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 2 4 Principal Regulations In these Regulations, the Rail Safety Regulations 2006 1 are called the Principal Regulations. __________________ r. 4 -- 3 of 9 -- Part 2—General Amendments Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 3 PART 2—GENERAL AMENDMENTS 5 Preliminary 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.". 6 Duty 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.". 7 Health 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.". 8 Assessment 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 r. 5 -- 4 of 9 -- Part 2—General Amendments Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 4 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.". 9 Notification 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". 10 Annual 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. r. 9 -- 5 of 9 -- Part 2—General Amendments Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 5 (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.". __________________ r. 10 -- 6 of 9 -- Part 3—Technical Amendments Related to Safety Interface Agreements Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 6 PART 3—TECHNICAL AMENDMENTS RELATED TO SAFETY INTERFACE AGREEMENTS 11 New 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.". 12 Part 4 revoked Part 4 of the Principal Regulations is revoked. 13 Matters 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". r. 11 -- 7 of 9 -- Part 3—Technical Amendments Related to Safety Interface Agreements Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 7 14 Matters 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". ═══════════════ r. 14 -- 8 of 9 -- Rail Safety (Amendment) Regulations 2009 S.R. No. 59/2009 8 ENDNOTES 1 Reg. 4: S.R. No. 96/2006 as amended by S.R. No. 9/2008. Endnotes -- 9 of 9 --