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Railway Safety Act, 2024 (Act No. 30 of 2024)

Chapter 1 : Interpretation, Application and Objects

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"aerial cable-operated transportation system"

means a cable transport system operated on a cableway;

 

"board"

means the board of the Regulator contemplated in section 9;

 

"board appeals committee"

means the committee contemplated in section 55(5);

 

"CEO"

means the chief executive officer of the Regulator, appointed in terms of section 22;

 

"dangerous goods"

means dangerous goods for transport by road and rail modes as identified and classified in South African National Standard ("SANS") 10228, issued by the South African Bureau of Standards;

 

"Department"

means the national Department of Transport;

 

"human factors"

means factors that influence safety-related behaviour at work, which include the psychological and physical capabilities of persons and the individual interaction of persons with their job and working environments, the influence of equipment and system design on human performance and organisational characteristics;

 

"Mine Health and Safety Act"

means the Mine Health and Safety Act, 1996 (Act No. 29 of 1996);

 

"Mineral and Petroleum Resources Development Act"

means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);

 

"Minister"

means the Minister of Transport;

 

"network"

means a system of railway infrastructure elements, including track, civil infrastructure, train control and signalling systems and electric traction infrastructure, which constitutes running lines and any part of a railway yard, marshalling yard, siding, freight terminal, depot or station on which those elements are situated;

 

"new works"

means—

(a) a new railway operation, including new train, network or station operations;
(b) the introduction of new technology including rolling stock, train authorisation systems, traction power supplies or components thereof; or
(c) an extension to an existing operation that has the potential to substantively increase the risk profile of the operator;

 

"operator"

means a—

(a) network operator, who is a person who is responsible and accountable for the operation, construction or maintenance of a railway, including—
(i) the safety of a network or part thereof, including the proper design, construction, operation, maintenance and integrity of a network;
(ii) ensuring compliance of rolling stock with the applicable standards of a network; or
(iii) authorising and directing the safe and secure movement of rolling stock on a network;
(b) train operator, who is a person who is responsible and accountable for the—
(i) safe movement of rolling stock on a network;
(ii) safety and integrity of rolling stock; and
(iii) safety of freight or persons being conveyed;
(c) station operator, who is a person in control of a station, and the management of a station;
(d) a combination of (a), (b) and (c); or
(e) a person who, although not owning, financing or controlling the relevant network, train or station, as the case may be, is a concessionaire or a person who performs the functions contemplated in (a), (b) and (c) on behalf of the person who owns, finances or controls such network, train or station, in respect of the relevant assets, infrastructure or operations;

 

"persons with disabilities"

means people who have long-term or recurring physical or mental impairments which substantially limit their ability to use railway transport unaided;

 

"prescribed"

means prescribed by regulation;

 

"Promotion of Access to Information Act"

means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);

 

"Protection of Personal Information Act"

means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"railway"

means a guided system designed for the movement of rolling stock that has the capability of transporting passengers, freight or both on a track, and includes the land, network, plant, machinery, goods and other immovable or movable property of every description or kind used or set aside for use in connection with or for the purpose of a railway operation;

 

"railway occurrence"

means a railway accident or incident prescribed by the Minister as a railway occurrence in terms of section 48(1);

 

"railway operation"

means the activities performed by a network operator, train operator, station operator, construction train operator, train testing and commissioning operator or any other type of railway operation designated by the Minister by notice in the Gazette or any part or combination of them;

 

"railway safety inspector"

means a person appointed as a railway safety inspector in terms of section 41(1);

 

"railway safety standards"

means standards prescribed under section 36(1);

 

"Regulator"

means the Railway Safety Regulator contemplated in section 5;

 

"rolling stock"

means a vehicle that is able to operate on a railway track, irrespective of its capability of independent motion;

 

"SADC"

means the Southern African Development Community established by the Treaty of the Southern African Development Community of 1992;

 

"safe railway operation"

means a railway operation in which the risks associated with the railway operation, which may impact on the safety of persons and property transported by rail and the safety of other persons, other property and the environment, are as low as may be reasonable in a given set of circumstances, but does not include security;

 

"safety critical grade"

means a work position responsible for the authorisation and control of the movement of rolling stock prescribed by the Minister in terms of section 68;

 

"safety management system"

means a formal framework contemplated in section 37, which integrates safety into day-to-day railway operations and includes consultation, safety goals and performance targets, safety risk assessments, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes;

 

"safety management system report"

means a written submission made by an applicant in support of a safety permit application that describes the applicant’s safety management system as contemplated in section 37;

 

"safety permit"

means a permit contemplated in section 30;

 

"station"

means a facility for passengers to enter or exit a train, including a railway passenger terminal and a passenger halt, and may include—

(a) passenger modal transfer and commercial activities forming part of the facility; and
(b) any other place that may be prescribed as a station or forming part of a station in terms of section 61(1)(a),

but excludes that part of the network running through the station;

 

"technologies"

means created capabilities and capacities relating to systems, processes, equipment and procedures applicable to rolling stock, railway infrastructure elements and stations;

 

"this Act"

includes any regulation or notice made or issued in terms thereof;

 

"training institution"

means the training institution contemplated in section 35;

 

"Transport Appeal Tribunal"

means the Transport Appeal Tribunal established by section 3 of the Transport Appeal Tribunal Act; and

 

"Transport Appeal Tribunal Act"

means the Transport Appeal Tribunal Act, 1998 (Act No. 39 of 1998).