Western Australian Current Regulations

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RAIL SAFETY NATIONAL REGULATIONS (WA) - REG 9

9 .         Prescribed conditions and restrictions

        (1)         For the purposes of section 67(2)(a) (Determination of application) of the Law, any accreditation granted to a rail transport operator is subject to the following conditions and restrictions:

            (a)         the operator must notify the Regulator in writing of any of the proposed decisions, proposed events or changes listed in column 2 of the table in accordance with the requirement specified in column 3 of the table with respect to that item:

Table

Item

Decision, event or change

When notification must be given

1

A decision to design or construct, or to commission the design or construction of, rolling stock or new railway tracks.

As soon as is reasonably practicable after the decision is made.

2

The introduction into service of rolling stock of a type not previously operated by the operator, or the re‑introduction into service of rolling stock not currently operated by the operator.

At least 28 days before the date the operator intends to introduce or re‑introduce the rolling stock into service.

3

A change to a safety critical element of existing rolling stock.

At least 28 days before the date the operator intends to bring the change into operation.

4

A change to 1 or more of the classes of rail infrastructure used in the operator’s railway operations.

At least 28 days before the date the operator intends to introduce the new class of rail infrastructure into service.

5

A change to a safety standard for the design of rail infrastructure or rolling stock.

At least 28 days before the date the operator intends to adopt the change.

6

The decision to adopt a new safety standard for the design of rail infrastructure or rolling stock.

At least 28 days before the date the operator intends to adopt the new standard.

7

A change to the frequency of, or procedures for, the inspection or maintenance of railway infrastructure or rolling stock.

At least 28 days before the date the operator intends to bring the change into effect.

8

A change to the network rules relating to the conduct of the operator’s railway operations.

In accordance with the provisions of Part 4 Division 4 of the regulations.

9

A decision to introduce a new network rule relating to the conduct of the operator’s railway operations.

In accordance with the provisions of Part 4 Division 4 of the regulations.

10

A decision to change any work scheduling practices and procedures set out in the operator’s fatigue risk management program.

At least 28 days before the date the operator intends to bring the change into effect.

11

The replacement, or a change in the contact details of any person appointed under regulation 8(b).

As soon as is reasonably practicable after it is known the replacement or change will occur.

12

A change in the operator’s name or residential address, or the operator’s business or trading name, or in the case of a body corporate, a change in the name or registered business address of the body corporate.

As soon as is reasonably practicable after the change is made.

            (b)         the operator must ensure that, at all times —

                  (i)         one of the operator’s directors or managers is available as a contact person should the Regulator wish to communicate with the operator; and

                  (ii)         the Regulator is provided with sufficient details so that, for any particular time, the Regulator knows who the contact person is and how to contact that person;

            (c)         if it is not possible to comply with any other requirement specified in this subregulation because of an emergency — the operator must provide the Regulator with the required information as soon as is reasonably practicable after the decision is made or the event or the change occurs (as the case may be).

        (2)         Nothing in subregulation (1) is intended to require an accredited person to notify the Regulator of any matter that is the subject of an application for the variation of the accreditation.



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