First Previous (PART 5 Reporting and Investigation of Railway Incidents) Next (PART 7 Enforcement)

31 2005

Railway Safety Act 2005

PART 6

Regulations and Review of Legislation

Regulations.

69. —(1) The Commission, with the consent of the Minister and after consultation with the Council, railway undertakings, organisations which represent staff of railway undertakings and such other persons as in the opinion of the Commission may be relevant, may make regulations in relation to all or any of the following—

(a) standards and specifications for railway infrastructure and rolling stock,

(b) additional matters to be included in a safety management system or a safety case for the purposes of section 39 ,

(c) requirements or restrictions relating to the management of passengers and other persons on railway property, including in relation to persons standing in trains, the placing of luggage in trains, and emergency evacuation from trains,

(d) levels of training, competencies and qualifications of staff of railway undertakings, including disability awareness training and requirements on railway undertakings to facilitate staff holding positions before the entry into operation of such regulations in achieving any required level of training, competency or qualification,

(e) requirements relating to interfaces between railway undertakings,

(f) requirements relating to interfaces between railway infrastructure or trains and any other vehicle or road,

(g) requirements relating to the reporting by railway undertakings of railway incidents, including the form of reporting and the classification of railway incidents to be reported,

(h) procedures for the acceptance of new works (within the meaning of section 42 (15)) and new rolling stock (within the meaning of section 43 (14)),

(i) requirements for the maintenance by a railway undertaking of records, and

(j) standards, specifications and procedures to be used by railway undertakings to safely facilitate the special requirements of mobility-impaired persons.

(2) Regulations made by the Commission under subsection (1) shall not be for the purpose of giving effect to an act adopted by an institution of the European Communities.

(3) The Minister may make regulations for the purpose of giving effect to an act adopted by an institution of the European Communities in relation to railway safety.

(4) Regulations under subsection (3) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act).

Regulations for protection of railway incident sites.

70. —The Commission may, with the consent of the Chief Investigator, and after consultation with the Minister, the Minister for the Environment, Heritage and Local Government, the Garda Síochána, the Council, railway undertakings and such other persons as in the opinion of the Commission may be relevant, make regulations relating to the protection of the sites of railway incidents and the regulations may, without prejudice to the generality of the foregoing, include provisions in relation to any or all of the following matters—

(a) procedures for the collection, recording and protection of evidence,

(b) the protection of such sites,

(c) the protection against unauthorised interference with such sites, and

(d) prohibiting the unauthorised removal of anything from such sites.

Offence.

71. —A person who contravenes or fails to comply with any regulations made under this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

Review of legislation by Commission.

72. —(1) It shall be the duty of the Commission—

(a) to keep under review the provisions of this Act,

(b) to keep under review any other relevant statutory provisions that affect, or may affect, the carrying out of its functions under this Act, and

(c) to submit from time to time, to the Minister, or such other Minister of the Government having responsibility for the other statutory provisions, such recommendations as it considers appropriate in relation to the said statutory provisions or for the making, modification or revocation of any instruments under those provisions.

(2) Before submitting recommendations to the Minister or such other Minister of the Government, as the case may be, in accordance with subsection (1)(c), the Commission shall consult any Minister of the Government, the Council or other person that appears to the Commission to be appropriate in the circumstances or that the Minister, or other Minister of the Government as the case may be, so directs.

(3) The Commission shall consider any proposals for legislative change concerning railway safety and related matters referred to it by the Minister or any other Minister of the Government responsible for any of the other statutory provisions.

(4) Whenever the Minister, or such other Minister of the Government as the case may be, makes, modifies or revokes any instruments under the statutory provisions referred to in subsection (1), or publishes proposals for legislative change concerning railway safety and related matters, he or she shall, at the same time, cause copies of any recommendation of the Commission under subsection (1)(c) or arising from the Commission's consideration of proposals under subsection (3), to be laid before each House of the Oireachtas.