| (2) |
An operator must, as soon as practicable after a railway occurrence— |
| (a) |
secure the scene of the railway occurrence; |
|
(b)
|
prevent the movement or removal of rolling stock or infrastructure which has a direct or indirect bearing on the railway occurrence, unless— |
| (i) |
such rolling stock or infrastructure must be moved in order to provide medical help to any injured person; or |
| (ii) |
a full and accurate record of all salient facts relating directly or indirectly to the railway occurrence has been made and any evidence or other relevant material has been secured for later inspection, analysis or investigation; and |
| (c) |
record the names and contact details of all persons who may provide evidence or information that has a direct or indirect bearing on the railway occurrence. |
| (3) |
A person who moves or removes rolling stock or infrastructure at the scene of a railway occurrence in contravention of subsection (2)(b), is guilty of an offence. |
| (4) |
Aperson in control of the scene of a railway occurrence which is the subject of an investigation must— |
| (a) |
allow the person conducting an investigation in terms of this Act to remove any articles or objects pointed out by an investigator contemplated in sections 51, 52 and 53; |
| (b) |
allow the inspection of the documents requested by that investigator, including the making of copies thereof; and |
| (c) |
furnish that investigator with any information which is under that person’s control. |
[Section 48 excluded from commencement date of 1 August 2025, as per Proclamation Notice 269, GG52947, dated 7 July 2025]
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