Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 40

The Safety Director must accredit a rolling stock operator in respect of the rolling stock operations the rolling stock operator carries out if the Safety Director is satisfied that—

        (a)     the rolling stock operator—

              (i)     is accredited in another State or a Territory of the Commonwealth to carry out rolling stock operations of a similar kind in that State or Territory; or

              (ii)     has the competence and capacity to carry out those operations safely; and

        (b)     the rolling stock operator has demonstrated to the Safety Director that—

              (i)     the rolling stock operator has taken all reasonable steps to comply with Division 3; and

              (ii)     the rolling stock operator's safety management system complies with Division 4 of Part 3; and

              (iii)     the rolling stock operator has complied with section 26; and

        (c)     the rolling stock operator has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the carrying out of rolling stock operations; and

        (d)     unless the rolling stock operator is also the rail infrastructure manager who controls the railway on which the rolling stock will be operated—the rolling stock operator has an agreement with the rail infrastructure manager who controls the railway on which the rolling stock operator wishes to operate particular rolling stock, and the agreement includes appropriate arrangements for the safe operation of the rolling stock.