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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

General Safety Regulations, 1986

10. Operating trains

 

1) An employer or a user of machinery who operates a train or a train of tramway-trucks, as the case may be, shall cause a signalman carrying a red flag or red light to be stationed at every level crossing where a railway line or tramway crosses or joins a railway or a road, or shall provide other adequate means at such crossing to warn -
a) the driver of the train or the train of tramway-trucks of the approach of a train; and
b) traffic on the road of the approach of the train or train of tramway-trucks.

 

2) An employer or a user of machinery shall not permit a train or a train of tramway-trucks to be run over a level crossing contemplated in subregulation (1) at a speed in excess of 10 kilometers per hour, and the driver thereof shall not exceed such speed.

 

3) No person shall drive or permit any other person to drive a locomotive, unless authorised to do so by his employer or the user of machinery, as the case may be.

 

4) An employer or a user of machinery shall not, except as provided for in subregulation (5), authorise any person to drive a locomotive while it is being used for the conveyance of persons other than those required for the working of the locomotive or train, unless such person is the holder of a locomotive engine driver's certificate issued by the South African Transport Services or in terms of regulations made under the Mines and Works Act, 1956 (Act 27 of 1956).

 

5) In the case of a locomotive other than a steam locomotive, having a design speed not exceeding 20 kilometres per hour, an employer or user of machinery, as the case may be, may authorize a person who has attained the age of 18 years to drive such a locomotive while it is being used for the conveyance of persons: Provided that -
a) the employer or user of machinery is satisfied that the sight and hearing of any such person are not defective and that he does not suffer from any other physical or mental infirmity which is likely to interfere with the efficient and safe performance of his duties; and
b) the person so authorised is competent to carry out the duties assigned to him.

 

6) The provisions of this regulation shall not apply to trains operated by the South African Transport Services.