Acts Online
GT Shield

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

Chapter 4 : Railway Safety Critical Grades, Standards and Safety Management System

36. Railway safety standards

 

(1) Despite any other law, the Minister may, by notice in the Gazette, prescribe railway safety standards applicable to any railway or railway operation, specifying—
(a) the contents of the railway safety standards;
(b) the category of safety permit holders or category of persons to which the railway standards apply;
(c) the circumstances under which such safety permit holders or persons may apply for deviation or exemption from the railway safety standards; and
(d) the sanctions in respect of non-compliance with such railway safety standards, including the suspension or revocation of any safety permit issued or the withdrawal of any exemption granted in terms of section 4.

 

(2) The Regulator or an operator may propose railway safety standards for safe railway operations to the Minister, but only if—
(a) such railway safety standards are applicable to the railway environment
(b) such railway safety standards are not in conflict, or incompatible, with any standards prescribed by the Minister in terms of subsection (1) or with any other legislation; and
(c) the procedure in subsection (3) has been complied with.

 

(3) Prior to proposing any railway safety standards contemplated in subsection (2), the Regulator must—
(a) by notice in the Gazette, cause the draft railway safety standards to be published for public comment, together with an explanatory memorandum in respect thereof;
(b) consult with the Department, the Minister responsible for trade and industry, any relevant organ of state and other key stakeholders directly affected by the proposed railway safety standards; and
(c) consider any submissions received.

 

(4) Notwithstanding any sanction provided for in this Act, any person, including a safety permit holder, who conducts railway operations without complying with the railway safety standards prescribed in terms of this section, is guilty of an offence.

 

(5) In the event of a conflict between a railway safety standard or any other standard or specification made or issued in terms of a regulation or notice under this Act, and any standard or specification prescribed in terms of the Standards Act, 2008 (Act No. 8 of 2008), or any other Act, the regulation or notice made in terms of this Act prevails to the extent of that conflict.