AustLII Tasmanian Numbered Regulations

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RAIL SAFETY REGULATIONS 2010 (S.R. 2010, NO. 110) - REG 23

Reporting of notifiable occurrences

(1)  For the purposes of this regulation, a Category A notifiable occurrence is any of the following notifiable occurrences:
(a) an accident or incident that has caused death, serious injury or significant property damage;
(b) a running line derailment;
(c) a running line collision between rolling stock;
(d) a collision, at a road or pedestrian level crossing, between rolling stock and either a road vehicle or a person;
(e) a fire, or explosion, on or in rail infrastructure or rolling stock, that affects the safety of railway operations or that endangered one or more people;
(f) a suspected terrorist attack;
(g) any accident, or incident, involving a significant failure of a safety management system, which accident or incident could have caused death, serious injury or significant property damage;
(h) any other accident, or incident, that is likely to generate intense public interest or concern.
(2)  For the purposes of this regulation, a Category B notifiable occurrence is any of the following notifiable occurrences (unless it is also a Category A notifiable occurrence):
(a) a derailment other than a running line derailment;
(b) any collision involving rolling stock, other than a collision referred to in subregulation (1)(c) or (d) ;
(c) any incident at a road or pedestrian level crossing, other than a collision referred to in subregulation (1)(d) ;
(d) the passing of a stop signal, or a signal with no indication, by rolling stock without authority;
(e) any accident or incident where rolling stock exceeds the limits of authorised movement given in a proceed authority;
(f) any failure of a signalling or communications system that endangers, or that has the potential –
(i) to endanger the safe operation of trains or the safety of people; or
(ii) to cause damage to adjoining property;
(g) any slip, trip or fall by a person on railway property, or any person being caught in the door of any rolling stock;
(h) any situation where a load affects, or could affect, the safe passage of trains or the safety of people, or cause damage to adjoining property;
(i) any accident or incident involving dangerous goods that affects, or could affect, the safety of railway operations or the safety of people, or cause damage to property;
(j) any breach of a safe working system or procedure, or the detection of any irregularity or deficiency in such a system or procedure;
(k) the detection of any irregularity in any rail infrastructure (including electrical infrastructure) that could affect the safety of railway operations or the safety of people;
(l) the detection of any irregularity in any rolling stock that could affect train integrity or the safety of people, or cause damage to the rolling stock;
(m) any fire or explosion that causes damage to rail infrastructure or rolling stock, or both, or that causes the disruption or closure of a railway (even if the closure is only a precautionary measure);
(n) any incident on railway property where a person inflicts, or is alleged to have inflicted, an injury on another person;
(o) a suspected attempt to suicide;
(p) the notification that a rail safety worker employed by a rail transport operator has returned a result to a test, designed to determine the concentration of alcohol or drugs in a sample of blood or urine, that suggests that the worker was in breach of a relevant safety requirement concerning the use of alcohol or drugs at a relevant time;
(q) the infliction of any wilful or unlawful damage to, or the defacement of, any rail infrastructure or rolling stock that could affect the safety of railway operations or the safety of people;
(r) a rail corridor security incident that affects the safety of railway operations.
(3)  For the purposes of paragraph (b) of the definition of "notifiable occurrence" in section 4 of the Act, Category A notifiable occurrences and Category B notifiable occurrences are prescribed.
(4)  For the purposes of section 66 of the Act, the times and manner, specified in this regulation, in which notifiable occurrences are to be reported, are prescribed.
(5)  If a Category A notifiable occurrence, or any other notifiable occurrence other than a Category B notifiable occurrence, happens on, or in relation to, a rail transport operator's railway premises or railway operations, the operator –
(a) must report that fact to the Rail Safety Regulator immediately after becoming aware of the occurrence; and
(b) must give the Rail Safety Regulator a written report of the occurrence within 72 hours after becoming aware of the occurrence.
(6)  If a Category B notifiable occurrence happens on, or in relation to, a rail transport operator's railway premises or railway operations, the operator must give the Rail Safety Regulator a written report of the occurrence within 72 hours after becoming aware of the occurrence.
(7)  The rail transport operator must ensure that any report the operator makes under this regulation is in the form, contains all the information, and is made in the manner, required by the Rail Safety Regulator.
(8)  The Rail Safety Regulator may extend any time limit specified in this regulation by giving the rail transport operator a written notice to that effect.
(9)  An extension granted under subregulation (8) has effect as specified in the notice.



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