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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 6 : Enforcement43. Routine compliance inspection |
| (1) | For the purposes of section 42(1)(a), a railway safety inspector may at any reasonable time and without prior notice, enter and inspect any premises owned, used or operated by the railway safety permit holder, other than a private residence, having regard to the procedure contemplated in section 42(2), if any. |
| (2) | Upon entering any premises in terms of subsection (1), the railway safety inspector may, after having identified himself or herself to the person in control of such premises— |
| (a) | require any person at the premises to— |
| (i) | identify, point out or demonstrate any object or combination of objects, or system, related to the safety permit or standard applicable to such premises; |
| (ii) | produce any book, record or other document relevant to the inspection in the possession of, or under the control of, that safety permit holder, its employee or its agent; |
| (iii) | furnish such information in respect of that safety permit at such premises and in such a manner as the railway safety inspector may determine; |
| (b) | hand over a written notice to that person wherein the railway safety inspector prohibits the removal or destruction of any object, system, digital data, book, record or other document relevant to the inspection in the possession, or under the control, of that safety permit holder, employee or agent; |
| (c) | photograph or otherwise record the attributes of any object or system, or examine or make extracts from or copies of any such data, book, record or other document relevant to the inspection; and |
| (d) | seize and retain any such data, book, record or other document in the premises to which any charge of non-compliance or contravention of this Act or a standard may relate, but the person from whose possession any object, system, data, book, record or other document was taken, must at his or her request and at his or her expense, be allowed to photograph or otherwise record the attributes of any object or system or to make copies thereof or extracts therefrom under the supervision of the railway safety inspector concerned. |
| (3) | Any person who wilfully removes or destroys any object, system, digital data, book, record or other document in respect of which a railway safety inspector has issued a prohibition contemplated in subsection (2)(b), is guilty of an offence. |
| (4) | An inspection contemplated in subsection (1) may be conducted by a railway safety inspector without a warrant. |
