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

Chapter 2 : Railway Safety Regulator

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(1)	The Regulator must, for purposes of achieving its objects as contemplated in section 6—

(a)	perform its functions in a fair, equitable, transparent, efficient and cost-effective manner;

(b)	timeously report to the Minister and Parliament, in terms of section 29, on its activities in terms of this Act and, if necessary, provide them with information and advice to ensure the most appropriate and safe railway and railway operations regulatory framework in the Republic;

(c)	support, promote and comply with national rail policies and the provisions of this Act;

(d)	monitor, promote and enforce compliance with this Act in order to ensure safety in railway and railway operations, including the safe transportation of dangerous goods by rail, by—

(i)	developing guidelines for safe railway and railway operations;

(ii)	granting, amending, suspending or revoking safety permits as contemplated in Chapter 3;

(iii)

granting safety critical grade licences as contemplated in section 34(2);

(iv)	evaluating and registering appropriate training institutions, as contemplated in section 35, in order to monitor the licensing of persons employed in safety critical grades;

(v)	providing and maintaining a national railway safety information and monitoring system as contemplated in section 39;

(vi)	conducting inspections and investigations as contemplated in Chapters 6 and 7, respectively; and

(vii)

rendering prescribed services in respect of new works, operations and technologies, as contemplated in section 62(1)(h) and (j);

(e)	advise the Minister on actions or conditions within the railway environment which—

(i)	pose or potentially pose a threat of harm or damage to persons, property or the environment;

(ii)	the Minister refers to the Regulator; or

(iii)

the Regulator considers necessary in the furtherance of its objects;

(f)	conduct research and report on future developments which may affect railway safety;

(g)	provide education and training and conduct public awareness activities relating to safe railway and railway operations;

(h)	co-operate with its counterparts in the SADC to promote the harmonisation of the safe railway or railway operations regulatory framework of the Republic with the objectives and requirements of the SADC; and

(i)	perform any other function that this Act requires it to perform.

(2)	In addition to subsection (1), for purposes of achieving its objects as contemplated in section 6, the Regulator may—

(a)	collaborate with any railway industry association in respect of any function that the Regulator is authorised to perform;

(b)	conclude a co-operation agreement or arrangement with a relevant organ of state to give effect to the principles of co-operative government and inter-governmental relations contemplated in Chapter 3 of the Constitution of the Republic of South Africa, 1996;

(c)	collaborate with relevant bodies or institutions, or establish and control facilities, for the collection and dissemination of scientific and technical information, in connection with safe railway or railway operations;

(d)	engage persons or organisations having expertise in matters relating to safe railway or railway operations to advise the Regulator on the railway safety standards contemplated in section 36(1) or the application of such railway safety standards;

(e)	propose railway safety standards for purposes of section 36(2); and

(f)	collaborate with relevant institutions on the evaluation and licensing of the relevant safety critical grade positions as contemplated in section 34(1)(b)