Platinum Membership
R
Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 3 : Railway Safety Permits33. Surrender, suspension and revocation of safety permit |
| (1) | A safety permit holder may surrender the safety permit. |
| (2) | Subject to subsections (3) and (4), the Regulator may revoke or suspend a safety permit if the permit holder fails to comply with the conditions set in terms of this Act, after— |
| (a) | the Regulator has issued a notice to the safety permit holder to comply with a condition of the relevant safety permit, within a reasonable period stipulated by the Regulator in the notice; and |
| (b) | the safety permit holder fails to comply with such notice within the stipulated period. |
| (3) | The Regulator must, prior to revoking or suspending a safety permit as contemplated in subsection (2)— |
| (a) | in writing, inform the safety permit holder of its intention to do so and of the reasons for considering a suspension or revocation; |
| (b) | in writing, invite the safety permit holder and any relevant stakeholder to make submissions on the proposed revocation or suspension within a reasonable time stipulated in that invitation; and |
| (c) | consider such submissions as may have been timeously received. |
| (4) | The Regulator must, when suspending or revoking a safety permit, inform the safety permit holder thereof, in writing, specifying— |
| (a) | the reasons for the suspension or revocation; |
| (b) | the date upon which the suspension or revocation comes into operation, which must be at least 30 days after the safety permit holder has received this notification; and |
| (c) | in the case of a suspension, the conditions which have to be met before the suspension will be withdrawn. |
| (5) | A safety permit holder who is aggrieved by the suspension or revocation of a safety permit may, in the prescribed form, lodge an appeal in accordance with Chapter 8. |
| (6) | Except on good cause shown, a safety permit is suspended by operation of law if the safety permit holder fails to timeously pay any fee or levy in respect of that specific safety permit, as contemplated in section 30(5)(a)(iv), but upon receipt of payment thereof, such suspension is withdrawn. |
| (7) | If a safety permit holder has surrendered a safety permit in terms of subsection (1), the safety permit holder is not liable to pay a fee for the safety permit in respect of the subsequent years in respect of which the safety permit would have been valid, nor is the safety permit holder entitled to a refund in respect of any fee paid up to the date of surrender of that safety permit. |
| (8) | The holder of a safety permit which has been suspended, either by the Regulator or by operation of the law, may not conduct or undertake any railway or railway operation or a component of a railway or railway operation or any action in relation to a railway or railway operation permitted under that safety permit until the suspension has been withdrawn. |
