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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 6 : Enforcement46. Duty to assist railway safety inspector |
| (1) | When a railway safety inspector enters any property as contemplated in section 43 or 44, the operator, owner or manager and each employee working there must, subject to subsections (2), (3) and (4), assist the railway safety inspector by furnishing him or her with answers to questions and by providing him or her with any facility that the railway safety inspector may reasonably require for purposes of the inspection. |
| (2) | A railway safety inspector or a police officer who is assisting a railway safety inspector in terms of section 44(8) for purposes of entering or searching premises under sections 43 and 44 must, before questioning anyone— |
| (a) | advise the person to be questioned of the right to be assisted at the time by a legal practitioner, as well as of his or her rights contemplated in subsection (3); and |
| (b) | allow that person a reasonable opportunity to exercise those rights. |
| (3) | A person questioned by a railway safety inspector must answer each question to the best of his or her ability, but such person is not required to answer any question if the answer may be self-incriminating. |
| (4) | A railway safety inspector must, prior to questioning a person in terms of subsection (1), in the presence of that person, in writing, record the date, time and place, and the name of that person, who has been advised of his or her rights in accordance with subsection (2)(a). |
