Railway Safety Act

Marginal note:Inspector may forbid or restrict use of unsafe works or equipment

• 31 (1) Where a railway safety inspector is of the opinion that the standard of construction or maintenance of a line work or railway equipment of a particular railway company poses a threat to safe railway operations, the inspector

  • (a) shall, by notice sent to the company, inform the company of that opinion and of the reasons therefor; and

  • (b) may, in the notice, if the inspector is satisfied that the threat is immediate, order the company to ensure that the line work or railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until the threat is removed to the inspector’s satisfaction.

• Marginal note:Inspector may forbid or restrict use of unsafe crossing work

  (2) If a railway safety inspector is of the opinion that the standard of construction or maintenance of a crossing work threatens safe railway operations, the inspector, by notice sent to the person responsible for the maintenance of the crossing work and to the railway company concerned,

  • (a) shall inform them of that opinion and of the reasons for it; and

  • (b) may, if the inspector is satisfied that the threat is immediate, order either of them to ensure that the crossing work not be used, or not be used otherwise than under terms and conditions specified in the notice, until the threat is removed to the inspector’s satisfaction.

• Marginal note:Unsafe use of road crossing

  (2.1) If a railway safety inspector is of the opinion that the method of operating a vehicle over a road crossing threatens safe railway operations, the inspector, by notice sent to the driver or operator of the vehicle,

  • (a) shall inform them of that opinion and of the reasons for it; and

  • (b) may, if the inspector is satisfied that the threat is immediate, order them to stop using the road crossing or to use it only under terms and conditions specified in the notice, until the threat is removed to the inspector’s satisfaction.

• Marginal note:Inspector may forbid operation of certain works or equipment

  (3) If a railway safety inspector is of the opinion that the operation of a line work or railway equipment of a particular railway company threatens the safety or security of railway operations, the inspector, by notice sent to the company or to any other person who owns or leases the equipment,

  • (a) shall inform them of that opinion and of the reasons for it; and

  • (b) may, if the inspector is satisfied that the threat is immediate, order either of them to ensure that the line work or railway equipment not be operated, or not be operated otherwise than under terms and conditions specified in the notice, unless the work or equipment is operated so as to remove the threat, to the inspector’s satisfaction.

• Marginal note:Limitation of inspector’s powers

  (4) For the purposes of subsection (1) or (2), a railway safety inspector shall not determine that the standard of construction or maintenance poses a threat to safe railway operations if that standard conforms to all applicable regulations, rules and emergency directives.

• Marginal note:Contents of notice

  (4.1) A notice under subsections (1) to (3) that contains an order shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order of the railway safety inspector.

• Marginal note:Minister to be informed of order

  (5) If a notice sent under this section contains an order, the railway safety inspector who sends it shall immediately inform the Minister of the order and the reasons for it.

• Marginal note:Copies of certain notices to be served on supervisor

  (6) If a notice sent to a railway company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it

  • (a) to the railway company supervisor who is directly responsible for the works or equipment concerned; or

  • (b) in the absence of that supervisor, to the railway company employee who, at that time, is in charge of the works or equipment concerned.

• Marginal note:Effect of order

  (7) An order contained in a notice under this section has effect

  • (a) in the case of a railway company, when the company receives the notice or a railway company supervisor or employee receives a copy of it, whichever occurs first; or

  • (b) in the case of another person, when they receive the notice.

• Marginal note:Alteration and revocation of orders by other inspectors

  (8) An order made by a railway safety inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act.

• Marginal note:Reviewable order

  (9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.

• Marginal note:When alteration or revocation effective

  (10) An alteration or revocation of an order under this section has effect when the railway company or other person to whom the original notice was sent receives a notice of the alteration or revocation.