National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Penalty Fee Regulations 2011

Purchase

CATEGORY 1: Contraventions that impact or potentially impact on operational safety: Maximum Penalty: R5 000 000

CATEGORY 2: Contraventions that impact on Regulator's ability to administer the Act: Maximum Penalty: R 1 000 000

a)	Operating without a valid safety permit.

(Contravention of section 22 (1) of the Act)

a)	Failure to notify and report a railway occurrence and security incidents to the detail and within the timeframes specified in SANS 3000-1 (2009).

b)	Failure to comply with conditions of a safety permit.

b)	Failure to conduct an investigation into a railway occurrence and to produce a report containing recommendations and findings within agreed timeframes.

c)	Failure to comply with a directive issued by a railway safety inspector.

c)	Failure to provide the Regulator with any information requested within the specified timeframes.

d)	Hindering a railway safety inspector in the exercise of his or her powers or performance of significant changes impacting on the his or her duties.

d)	Failure to inform the Regulator of operators Safety Management System.

e)	Non-compliance proven in a board of enquiry or occurrence investigation.

e)	Failure to inform the Regulator of life cycle interventions such as significant new works or the introduction of new technologies.

f)	Failure to comply with any provision of the standards declared by the operator in his Safety Management System Report.

f)	Failure to submit an Annual Safety Improvement Plan (ASIP) by the specified deadline.

g)	Failure to comply, subject to item (i) of Category 2 of this Table with regulations made in terms of the Act.

g)	Failure to pay safety permit fees by the requested deadline.

h)	Failure to comply with agreed safety interventions arising from occurrence investigations, inspections, audits and annual safety improvement plans.

h)	Failure to provide information on time and in the format as requested by the Regulator.

i)	Failure to comply with any other provision of the Act, the Regulations and the standards that inhibit or prevent the Regulator's ability to perform its mandate.